NAFSA Compilation of July 16 2009 SEVP Documents and Fact Sheets This is a NAFSA compilation of various SEVP documents and fact sheets posted on the SEVP Web site www ice gov sevis on 07 16 2 by zaj13553

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									NAFSA Compilation of July 16, 2009 SEVP Documents and Fact Sheets


This is a NAFSA compilation of various SEVP documents and fact sheets posted on the
SEVP Web site (www.ice.gov/sevis) on 07/16/2009.
NAFSA compiled these documents into a single PDF file with bookmarks.


      Supplemental Cap Gap Fact Sheet. The fact sheet addresses current timing
      issues and new concerns.
      Data Integrity and Migration Fact Sheet. New guidance now calls for use of
      “FNU” is SEVIS first name field for individuals who only have a single name.
      DMV Fact Sheet. The fact sheet represents SEVP’s current and ongoing
      engagement with the REAL ID staff to mediate issues involving the issuance of
      driver’s licenses.
      Pre-NAFSA Conference 2009 Questions and Answers
      Post-NAFSA Conference 2009 Questions and Answers
      Dear Colleagues Letter. The letter provides a format for DSOs to confidentially
      report sensitive information to SEVP.
      SEVP NAFSA Conference 2009 PowerPoint Presentation
      List of Special Agent in Charge (SAC) Offices
                                                                                       U.S. Department of Homeland Security
                                                                                       Student and Exchange Visitor Program
                                                                                       Potomac Center North
                                                                                       500 12th Street SW
                                                                                       Washington, DC 20536




                                                                                       July 2009



Fact Sheet
Preparing for SEVIS II Migration, Use Fall Registration As a Benchmark
Introduction
The Student and Exchange Visitor Information System II (SEVIS II) launches in 2010. Prior to its
implementation, the Student and Exchange Visitor Program (SEVP) plans to help designated
school officials (DSOs) review both school and student information to ensure data accuracy. The
review serves to enhance data integrity in SEVIS and prepare school officials for the migration of
data to SEVIS II.
Get ready to migrate from SEVIS to SEVIS II! SEVP advises schools to do the following:
    1.     Ensure school and campus names are spelled correctly. Ensure capitalization is correct.
           Do not use abbreviations. Spell out all words. (Example: University, Incorporated, etc.)
    2.     Verify student and dependent names are spelled as shown in their passports.
    3.     Confirm the school’s or program sponsor’s address is correct. Confirm all student and
           dependent addresses are correct. (Check mailing versus physical address.)
    4.     Make sure education levels for active students are correct. Verify all primary major,
           secondary major or minor data field entries contain valid Classification of Instructional
           Programs (CIP) codes.
    5.     Verify school officials are assigned to the appropriate school or program as listed on
           Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student.
    6.     Confirm student and dependent biographical information is correct and up-to-date.
    7.     Confirm student status designation is up-to-date based on the latest school record.
    8.     Verify e-mail addresses for all school officials, program sponsors, students and other
           personnel are entered and valid.
    9.     Confirm each student’s date of birth is correct. There are a number of active student
           records with suspect date-of-birth information. For example: records indicate several
           students enrolled in master’s degree programs with birth dates after January 1, 2000. A
           possible explanation for this situation could be that the numerical entries of month and
           date are transposed.
    10.    Continue to submit Form I-17 petition updates and identify instructional sites.




Reduce your workload during the migration period. Check your data now so that only correct data migrates.
Preparing for SEVIS II Migration

Implement Best Management Practices
Registration for the fall 2009 semester represents an opportunity to ensure that student
information is correct. Two significant causes of student-related data errors are the misuse of
naming conventions and the inappropriate use of dates of birth. Both situations can be mitigated.
Use the Department of State (DoS) naming conventions consistently to eliminate naming
convention errors. Date of birth related errors are lessened through the use of student review.
Also, student practice in completing the Form I-94, Arrival/Departure Record, can further reduce
date-of-birth errors. These techniques were identified as best management practices in a recent
workshop, and build upon previously issued SEVP guidance.
SEVIS II will use DoS naming conventions. SEVP generally followed DoS conventions in
developing its previously released Policy Guidance titled, Improving Data Integrity in U.S.
Government Systems With Information on Nonimmigrant Students, but now will adhere to the
DoS guidance.


The Essential Rules for DSOs
Name submissions must be consistent on all official travel documents (passports, visas, Forms I-
20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status – For Academic and
Language Students, and Forms I-94). The earliest official document sets the standard. For most
nonimmigrant students, this is the passport or national identification document.
    •    When you create an Initial student record in SEVIS, use the name exactly as it appears on
         the nonimmigrant student’s passport. If no passport is available, use the name on the birth
         certificate (or marriage certificate, if applicable). If none is available, instruct the
         nonimmigrant to carefully verify the spelling and name sequence.
    •    If the student’s language uses an alphabet other than English, use the name provided by
         the student on his or her application. Be certain that the student understands the U.S.
         standard of first name and last name, and enters the information correctly on application
         forms. If the nonimmigrant has only one name, it must be used as the last name.
                   In certain countries, many nationals have only a surname. In those cases, use
                   FNU (First Name Unknown) in the First Name field in SEVIS. This guidance
                   represents a departure from previous SEVP instructions but is consistent with
                   DoS naming conventions and will be followed in SEVIS II.
                   Nonimmigrants with one name should be aware that some government officials
                   are not familiar with the FNU acronym and may look for the nonimmigrant to
                   show that his or her first name is FNU. The nonimmigrant should be able to
                   explain the acronym if it is causing validation problems with any government
                   process.
    •    Spacing is as important as spelling and must be consistent. For instance, systems will not
         read Mc Millan and McMillan as the same name.
    •    Hyphens and special characters will not be used in SEVIS II. If you have used a hyphen
         or a special character in a student’s name in SEVIS, it will be cleared during migration to
         SEVIS II. To reduce potential issues in migration, you should clear any hyphens or
         special characters in SEVIS prior to migration.
    •    Consistency with capitalization is helpful, but not critical.
    •    Name entries must be in English and must use standard U.S. characters. Letters such as ñ,
         é, ü, ç are not recognized by U.S. data systems. Enter names like Muñoz and Sémonin as
         Munoz and Semonin. Do not change spellings to reflect sounds of the language of origin.



                                                     -2-
Reduce your workload during the migration period. Check your data now so that only correct data migrates.
Preparing for SEVIS II Migration

Tips for Advising Students on Name Usage
Students must be consistent in how they enter their last, first and middle names. For example:
some Mexican students may use their mother’s maiden name as part of their name. Sometimes it
is given as a middle name and other times as part of a hyphenated last name. Either usage is
acceptable. However, one version must be used consistently, and no hyphen may be used when
two last names are used by the student.
         Tip 1: Use these naming standards in creating SEVIS records for prospective
         nonimmigrant students.

         Tip 2: Advise your nonimmigrant students to review the Form I-20 you create for them.
         Make corrections only to conform to these rules.
         Tip 3: Advise the nonimmigrant to use the information as it is presented on the corrected
         Form I-20 when ready to pay the I-901 SEVIS fee and to complete the Department of
         State Form DS-156, Nonimmigrant Visa Application, the Form DS-157, Supplemental
         Nonimmigrant Visa Application, or the consolidated Form DS-160, Nonimmigrant Visa
         Electronic Application.
         Tip 4: Once the nonimmigrant student receives the visa, advise the student to review it
         immediately and to make sure that the name and date of birth are recorded as they appear
         on the corrected Form I-20. Also, it is important for the nonimmigrant to ensure that he or
         she has received the correct type of visa. While infrequent, embassies have issued an F
         visa when a student has applied for an M visa. If this situation occurs, it is easier to
         correct a visa type error before the nonimmigrant enters the United States.
         Tip 5: Assuming the student’s documents are now consistent, provide the following
         annotated Form I-94 that follows in the nonimmigrant’s admission/welcome package,
         and suggest that the student practice completing the form using the data from the
         documents prior to entering the United States. Please note that the Form I-94 is the only
         government document that uses the European method of recording dates: dd/mm/yyyy. If
         resources allow, you may consider completing the form for the student or allowing the
         student to fax the form to your office for review, prior to traveling.
         Tip 6: Counsel your student to hand carry the prepared copy of the Form I-94 while
         traveling to use as a template. A Form I-94 must be completed onboard a plane, when
         arriving at an airport.




                                                     -3-
Reduce your workload during the migration period. Check your data now so that only correct data migrates.
Preparing for SEVIS II Migration

                  Completing the Form I-94 for Nonimmigrant Students
                                                  Use all CAPITAL letters. Use English. Use standard United
                                                  States characters and print clearly. Letters like ñ, é, ü, ç
                                                  are not recognized by U.S. data systems. (Instead, use n, e, u
                                                  or c.)
                                                  Name (Blocks 1, 2, 14, and 15)
                                                  The family name (Blocks 1 and 14) is also referred to as
                                                  surname or last name.
                                                  If you have only one name, enter it in the Family Name
                                                  block. Use the letters FNU in the First Name field.
                                                  Spacing is as important as spelling and must be consistent.
                                                  For example: data systems will not read
                                                  Mc Millan and McMillan as the same name.
                                                  Hyphens must not be used.

                                                  Print your name exactly as it appears on your Form I-20.


                                                  Date of Birth (Blocks 3 and 16) and Date Issued
                                                  (Block 11)
                                                  Your date of birth must be given in Day/Month/Year order.
                                                  This is not the same order that appears on your Form I-
                                                  20 or Form DS-2019. For example: if you were born on the
                                                  9th day of January in the year 1986, you should write 090186
                                                  in the Birth Date block (Blocks 3 and 16). The same date
                                                  format is used in block 11 for Date Issued.

                                                  Country of Citizenship (Blocks 4 and 17)
                                                  In the Country of Citizenship block enter the country that
                                                  issued your passport. You can find the U.S. spelling in block
                                                  1 of the Form I-20 under the “Country of Citizenship.” It is
                                                  on the second line of the Form DS-2019 under “Citizenship
                                                  Country.”

                                                  Complete all blocks. (Blocks 1 to 17)
                                                  Upon being granted entry into the United States, the Customs
                                                  and Border Protection Inspector will stamp the bottom
                                                  section of the Form I-94 (the Departure Record) with your
                                                  class of admission and the length of time that you can stay in
                                                  the United States. This section is generally stapled into your
                                                  passport. This is a critical document. Make a copy and put it
                                                  in a safe place. Safeguard the original.


                                                     -4-
Reduce your workload during the migration period. Check your data now so that only correct data migrates.
                                                                     U.S. Department of Homeland Security
                                                                     Student and Exchange Visitor Program
                                                                     Potomac Center North
                                                                     500 12th Street SW
                                                                     Washington, DC 20536




                                                                   July 2009

Subject: Ethical Concerns of Reporting Information


Dear Colleagues:

During our careers we will inevitably be faced with situations that are ethical challenges. We
may be asked to do something that we feel is inappropriate or clearly in opposition to the law,
regulation or directives. Or, we may be given information or observe activities that we feel
should be reported to someone. In the federal government, the act of reporting such information
is called whistleblowing — disclosing illegal or improper activity.

Federal employees are provided statutory protections by the Whistleblower Protection Act
(WPA) when a retaliatory action is taken because of a protected disclosure such as waste, fraud
and abuse. Unfortunately this law does not cover non-federal employees who may act on behalf
of the government, such as designated school officials.

In consultation with school officials, SEVP has developed a process to allow designated school
officials to disclose such information while remaining anonymous. School officials, who have
such information, may e-mail it to Sevpcompliance@dhs.gov. This is a limited access e-mail
account.

If you wish to remain anonymous, first establish a generic e-mail account at a provider such as
Yahoo or Gmail, and use that account to e-mail the information that you wish to provide to
SEVP. Your name is not required, but detailed information is required. SEVP will initiate a
review of the information, and will take further action if the review uncovers substantative
issues. Please keep the e-mail account open since SEVP may need to contact you for further
information, even though we can not provide you with the outcome of the review or
investigation.

If you have general questions concerning this process, please forward your questions directly to
Sevpcompliance@dhs.gov.




Lou Farrell
Director, SEVP
                         Post NAFSA Conference Questions
              NOTE: Compliments were given to the SEVIS Help Desk personnel.


SAVE/DMV
1. How can a student extend his driver’s license after his OPT is over, but during his grace period?
   Students would like to travel during the grace period.
2. A member asks if it is possible to know which 36 states are currently working with SEVP/DHS
   regarding DMV issues and/or REAL ID (referring back to the presentation and follow-up questions).
Response:

Please see the DMV Fact Sheet that accompanies this release.

Outreach
3. Why is the Tier 2 SEVIS Help Desk phone line connection so poor? We can often not hear the person
   at the other end, and several times have had to call back.

Response:
The Tier 2 SEVIS Help Desk team relocated to a new facility recently and is experiencing reception
problems with the phone system. The SEVP Information Technology Management Branch team is
working diligently with the phone company to resolve the problems. Also, the Help Desk team is using
headsets, which could be defective and contributing to the situation. If you experience bad reception,
please provide the name of the Help Desk tech assisting you. The individual’s headset may need to be
replaced.

Thank you for bringing this situation to our attention. As always, our goal is to provide the best.

4. We heard from SEVP that they are experiencing some financial challenges, and have had to delay
   some of the activities that the increase in SEVIS fee was intended to fund. Could SEVP provide an
   update on the development and implementation of the school liaison program?

Response:
We anticipate hiring the field liaisons during Fiscal Year 2010, which begins October 2009. This delay
will allow the Liaison Branch leadership to get onboard and get organized before the hiring of the field
liaisons. Details, such as when, where and how many liaisons will be hired, won’t be released until the
branch chief is hired. Anyone interested in the Liaison Program should become familiar with the
government’s hiring process. Individuals should prepare by going online to the www.USAJOBS.gov Web
site. The liaison positions will be posted in the coming year. Get ready!


Data Entry/Integrity
5. [This may not be the best question for SEVP, but it was raised several times during the session.]
   (NAFSA will share information with members regarding the data integrity Fact Sheet and sample I-
   94 card.) Incorrect information on I-94 cards can stem from incorrect data entry after the individual’s
   arrival to confusion about the format for date of birth. Would SEVP be able to comment on, or
   influence, any possible changes to the I-94 card with respect to the format for the individual’s date of
      birth to match all other US government forms? Is SEVP aware of any changes planned to the means
      of data entry of the I-94 card information?
Response:
Please see the Data Integrity Fact Sheet that accompanies this release.


OPT
6. Some of our F-1s on OPT are concerned about visa delays and the 90 day unemployment rule. If a
   student has an offer of employment but cannot begin work due to a Security Advisory Opinion or
   other visa issuance delay, would that time be tolled, e.g. the clock would not run during the pendency
   of the visa issuance since it [is] a circumstance beyond the student’s control?
Response:
As general policy, when a student does not have qualifying OPT employment, time spent outside of the
United States counts toward the limit on authorized unemployment. However, visa issuance delays may
be taken into account on a case-by-case basis in determining a student’s continued eligibility for F-1
status.


7. Currently, SEVIS does not automatically extend F-1 status and OPT validity for students who have
   receipted H-1B petitions that are noted in the SEVIS record. Is SEVP working with USCIS to ensure
   the interface is working appropriately, or would SEVP consider adding a “receipted” button or link
   along with the “filed” or “waitlisted” drop-down menu options?
Response:
SEVP and USCIS continue to work together on all interfaces between agency systems. We have met with
USCIS on a number of occasions to review the interface between CLAIMS and SEVIS related to the cap-
gap extension. We realize SEVIS does automatically extend F-1 status and OPT for all students. We are
working to improve the interface in order to avoid this issue in the future. SEVP is not considering adding
a “receipted” button at this time but may explore that option in the future.


8. Are tutoring and teaching jobs in the individual’s field of study sufficiently “related to study” for the
   purposes of OPT? For example: could a student who completed a Master’s degree in Engineering
   tutor students in engineering subjects?
Response:
Tutoring positions, if related to the student’s field of study, can be considered employment for the
purpose of OPT if the student works more than 20 hours per week. In SEVIS, the DSO would indicate the
student is self-employed. SEVP recommends a student maintain a log of hours worked in case questions
arise regarding the employment.



F-3
9. When might we expect to see further guidance for the F-3 category?
Response:
Regulatory language on Border Commuter students is a priority for Fiscal Year 2010.
SEVP Q&A
 NAFSA 2009
         SEVP Customer Service
Policy E-mail Responses
                                                          2008 Policy and SCB E-mail Responses
• 2008
     –   3206 total                             450
     –   267 per month
                                                400
•   2009 (through April)
     –   1238 total                             350




                               # of Responses
     –   310 per month                          300

                                                250

School Cert E-mail Responses                    200
                                                                                                                Policy
                                                                                                                SCB
• 2008                                          150
     –   3053 total
                                                 100
     –   254 per month
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•   2009 (through April)                             nu




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                                                                                             ec
     –   363 per month




                                                                                            N

                                                                                           D
                                                                           Month
     SEVP Customer Service
SEVP Response Center
  (SRC)                                                  SRC Call Volume




• Launched                             1200


  January 26, 2009                     1000

                                        800      892        976             1154

• More than 3,000 calls


                          # of Calls
                                        600



  received                              400

                                        200


• Resolved 82% on                         0
                                              February     March           April


  initial call                                             Month
      SEVP Customer Service
                                                           2008 Help Desk Calls (Jan-Apr)


                                              10000                                            Received

2008 Help Desk Calls (Jan-Apr)                 8000
                                                                                               Resolved




• 29,515 received                # of Calls    6000




• 87% resolved in month                        4000




  received                                      2000
                                                        January
                                                                   February
                                                                               March
                                                                                       April
                                                                   Month




2009 Help Desk Calls (Jan-Apr)                              2009 Help Desk Calls (Jan-Apr)




• 31,304 received                              10000                                           Received
                                                                                               Resolved

                                                8000


• 85% resolved in month           # of Calls    6000


  received                                      4000



                                                 2000
                                                         January
                                                                    February
                                                                               March
                                                                                       April
                                                                   Month
         Upcoming Regulations
8 CFR 214.1- 4
• Notice of Proposed Rulemaking – 60 day comment
  period
• Expected publication is summer 2009
• Legacy rulemaking
   – Addresses significant changes identified/requested during the
     past 5 years
   – SEVIS II implements, but does not drive the rule changes
   – Accommodates identified technical and procedural modifications
   – Removes pre-SEVIS language
   – Reflects transition to SEVIS II
             Upcoming Regulations
OPT
•   Final Rule
•   Addresses comments on Interim Final Rule including, but not limited to:
     – STEM
     – Distinction between pre- and post-completion OPT
     – Periods of authorized unemployment
•   Establishes standard, transparent process for modifications to STEM list

Flight
•   Clarifies eligibility, practical training and program duration
•   Moves eight J flight programs from Department of State
 New and Upcoming Guidance
Recently Published:    Upcoming:
• Updated OPT          • Recertification
  Guidance               Guidance
• OPT Checklist for    • DMV Fact Sheet
  Students             • CPT Guidance
• Cap Gap Fact Sheet
  for Employers
         SEVP and USCIS
• Ongoing and regular coordination on
  issues, guidance and regulations
• USCIS participation in monthly SEVP
  policy and technical conference calls
• Monthly call with Service Centers
      Recertification Update
• Stage 1: Ongoing…keep submitting
  Form I-17 updates and reviewing student
  records
• Stage 2: Coordination between
  recertification and SEVIS II
  implementation
• Stage 3: Integration between
  recertification and SEVIS II
           Petition Updates
2008 Petition Updates                                   Updates Received: Jan-Apr 2009



• 113 per month                        250


                                       200




                        # of Updates
                                       150

                                                  182           209
                                       100
                                                                              181

2009 Petition Updates                   50
                                                                                          160



                                             0


• 183 per month                                  Jan
                                                              Feb

                                                               Month
                                                                            Mar
                                                                                         Apr
             Recent Releases
6.01
• Emergency release allows batch schools to update
   employment history on student records

6.02
• Fix for temporary users who were sent e-mails when
   programs were canceled
• Fix to allow batch users to edit all OPT segments
• Fix to ensure exchange visitor (EV) foreign address
   fields cannot be copied from one record to another
                 Upcoming Release
I-901
• Anticipated release June 2009
• Updates Form I-901 payment instructions on www.fmjfee.com to inform students it
    may take longer to process a payment
• Updates payment acceptance process to reflect the switch from DHL to UPS for
    domestic expedited delivery

Ruby
• Anticipated release fall 2009
• Updates to the maintenance of inactive school and sponsor officials
• Corrections to the event history for students and exchange visitors
• Addresses issues with the Annual Report for Sponsors
• Introduces new Department of State System Support User Role
• Allows DSOs to update records in Terminated or Completed status
            SEVP Resources
•   SEVP Web site: www.ice.gov/sevis
•   SEVP Response Center: (703) 603-3400
•   General e-mail: sevis.source@dhs.gov
•   School Certification Branch:
    – E-mail: schoolcert.SEVIS@dhs.gov
    – Phone: (703) 603-3591
• SEVIS Help Desk: 1-800-892-4829
Pre NAFSA Conference Questions

SEVIS Q&A with SEVP- Pre-submitted Questions

Wednesday, May 27, 2009 



Leave of Absence Guidance

  1. We understand that the regulations may be changing in the future, but until that
     time, DSOs need guidance regarding students who take a leave of absence from
     the US. NAFSA has submitted a written inquiry on how leaves of absence should
     be handled for current students. Does SEVP have updates on current guidance?

     Response:
     SEVIS does not currently have leave of absence functionality. This will be
     addressed by SEVIS II. Until SEVIS II is released and/or regulations can be
     drafted regarding leave of absence, the most appropriate action to take for a
     student taking a leave of absence from school is to provide the student with an
     authorized early withdrawal in SEVIS.

     Scenario 1: Current student elects to take a leave of absence of less than five
     months outside the United States.
     Action: Within 30 days of the student’s return to the United States or visa
     interview, whichever is earlier, the DSO should open a ticket with the SEVIS
     Help Desk to request that the student’s record be returned to Active status.

     Scenario 2: Current student elects to take a leave of absence of five months or
     more outside the United States.
     Action: Student must apply for and obtain a new visa. An initial Form I-20 may
     be issued to support this.

     Scenario 3: Student has earned and is on an annual summer vacation.
     Action: Questions arise about how the annual vacation provision impacts the
     amount of time a student can be on a leave of absence when his or her annual
     vacation immediately precedes or follows the effective dates of the LOA, and that
     vacation is spent outside the United States as well. In response to these questions,
     SEVP notes that an F-1 student is considered to be in status during the annual
     vacation. Accordingly, if a student is out of the country during the annual
     vacation/authorized break, the DSO should terminate the student’s record for
     authorized early withdrawal when registering students for the next session. The
     student will have five months from the date the record is terminated or the next
     session start date, whichever is earlier, to return to the United States to resume
     studies on the current SEVIS record.
     In the absence of system functionality or clear regulations on leave of absence,
     SEVP feels this is the most appropriate solution. We have attempted to be as
     flexible as possible within the constraints of the regulations and security interests.
     If you have comments on the leave of absence policy, we welcome them. They
     will ultimately assist us in rewriting the regulations.


White Paper for DMVs re: Driver’s Licenses for ISS

  2. In several states, the Departments of Motor Vehicles are not issuing driver's
     licenses in several instances – during a student’s or scholar’s grace period, during
     cap-gap periods, etc. These students and scholars often have a need to drive
     during times when their documentation does not meet the needs of the DMVs. At
     the annual NAFSA conference in May 2008, SEVP stated that they planned to
     prepare a white paper for DMVs. Are SEVP and the DMV meeting about these
     issues? Could SEVP provide an update on the status of the white paper?

     Response:
     1. SEVP is drafting a fact sheet to students and DSOs educating them on the
     document verification process in each state. We established numerous contacts
     throughout the country with state representatives knowledgeable of state practices
     and polices. In the end, we anticipate new communication and specific document
     information from states to assist students procure licenses in every state. SEVP
     established contacts at the SAVE office, as well, to assist/facilitate any immediate
     concerns and issues experienced by students at the 30 states with SAVE access. In
     the interim, DSOs and students may send immediate issues or problems through
     sevis.source@dhs.gov and write in the subject line: DMV Issue – (name of the
     state). SEVP has a full time policy analyst reviewing these issues and
     coordinating with state liaisons to ameliorate these cases. We request students to
     communicate to DSOs any problems experienced at the DMV offices
     immediately with accurate information in an e-mail. In each e-mail, we request
     the following information:

     1.      The applicant’s name
     2.      The alien’s I-94 admission number (11 digits) or alien registration number
     (9-digit A#) (if there is one)
     3.      SEVIS # if the client is a foreign student or exchange visitor
     4.      The alien’s date of birth (DOB)
     5.      The address of the DMV office where the person experienced the problem,
     a receipt number (if available)
     6.      The date the person visited the DMV office
     7.      A contact address and phone number or e-mail address for the alien (in
     case the DMV office needs to contact the person)
     8.      An explanation of the problem
     As a reminder to all DSOs, we advise students to communicate to the DSO prior
     to the applying for a driver’s license, but understand students do not consistently
     understand the importance of communicating first hand. In these cases, we do
     request at a minimum students review all documentation required to procure a
     license in any state on the state Web site. For students applying for a benefit or of
     knowledge of a dependent procuring a license, we request them to plan at least
     one month in advance before the end of the expiration date of the license or end of
     the program end date. For students trying to apply for a driver’s license or
     renewing a driver’s license by the end of the program end date or have a
     dependent applying for a license before the end of the I-20 program end date, they
     may experience difficulty.
     2. SEVP now has a dedicated liaison within the DHS office of Real ID who will be
     working with SEVP in advance of SEVIS II to ease the transition to a paperless system
     and to better educate state DMV offices.



Reporting Changes in Employment for NSEERS Registrants

  3. When 8 C.F.R. § 264.1(f)(5) was amended by 69 Fed. Reg. 67578 (December 2,
     2003), the supplemental information (at 67584) explained, “this rule discontinues
     the requirement that student aliens monitored under SEVIS who are subject to
     special registration separately notify DHS of a change in their educational
     institution or address, if such information is provided to DHS through SEVIS.
     This rule provides that when an alien reports a change of address or educational
     institution to DHS through SEVIS, that action fulfills his or her special
     registration requirement to notify DHS of changes in address. However, student
     aliens who are monitored under SEVIS who are subject to special registration will
     still be required under 8 CFR 264.1(f)(5) to notify DHS of any change of
     employment which is currently not captured in the SEVIS system.”

     Question: With the ability to update employer info in SEVIS and the new OPT
     reporting requirements, are these students still required to report changes of
     employment on AR-11SR or will the students be considered compliant when they
     report their changes in employment to the DSOs as part of the OPT reporting
     requirements?

     Response:
     Need input from attorneys.



Data Entry Standards

  4. At an SEVP SEVIS II Stakeholders meeting in March 2009, SEVP stated that the
     DOS name standards would be used in SEVIS II. Could SEVP confirm that this
     will be the recommended practice in SEVIS II? Until then, should DSOs and ROs
     use the standards described in SEVP’s Fact Sheet “Improving Data Integrity in
     U.S. Government Systems with Information on Nonimmigrant Students,” which
     is currently on the SEVP Web site?

     Response:
     Yes. SEVP can confirm that SEVIS II will use the DOS name standards found in
     9 FAM APPENDIX F, 500


  5. If a newly-admitted student or exchange visitor is temporarily residing in a
     country other than his/her home country (e.g. working, studying abroad), what
     address should the DSO/ARO put in the “Foreign Address” field in SEVIS? The
     student’s or EV’s permanent home country address, or the address where s/he is
     residing at the time that the initial document is created?

     Response:
     We recommend that the student provide the permanent address in his or her home
     country.


Fraudulent Requests for I-901 Refunds

     6. On April 29, 2009, SEVP sent out a broadcast message regarding fraudulent
     refund requests for I-901 fees. If SEVP determines that a refund has been issued
     for a student or exchange visitor who has received a visa or is present in the
     United States, “SEVP will mail a formal notice to each involved nonimmigrant
     student or exchange visitor to their address of record giving them 30 days to remit
     payment for their I-901 Fee via cashier’s check, money order or Western Union
     transfer …If the nonimmigrant student or exchange visitor does not make
     payment within the allowed 30 days, SEVP will terminate… [or] cancel their
     SEVIS record.”

     •   Will the notice be mailed to both the U.S. and foreign address listed in the
         student/exchange visitor’s SEVIS record?
             Response:
             No
     •   How many cases are suspected of being fraudulent at this time?
             Response:
             While final numbers are being collated, we estimate the range to be 800-
             2000.
     •   This is a case of punishing the student or exchange visitor in cases where a
         third party may be at fault. It would seem to be an issue that would more
         appropriately be handled between SEVP and the credit card companies in
         cases where fraud is suspected, e.g. not allowing the refund. Has this avenue
         been explored, and if not, why not?
             Response:
             SEVP scrupulously pursued all available options to resolve the issue.
             Student contact is limited to those cases in which other options were not
             available. Proactive steps were taken to limit SEVP’s future liability.

             When students are contacted, SEVP does not arbitrarily assume liability to
             be that of the student’s. However, the student is made aware of the issue
             and provided the opportunity to ensure that this mandatory fee is paid.


Copies of I-20s

      7. We sometimes receive requests from newly admitted students who are still
      overseas to e-mail them copies of their Initial I-20s before we mail the hard copies
      to them, as they want to make sure that all their information is correct on the I-20.
      In the early days of SEVIS, schools were told by SEVP that we were not allowed
      to send copies of I-20s (or DS-2019s) to anyone in an effort to prevent potential
      fraud. Does this guidance still stand?

      Response:
      This guidance remains in effect. Given the potential for fraud, we ask that you
      continue to only send the hard copies. Schools can establish a process with
      students to verify information on the Form I-20 is correct such as e-mailing
      students with all information/data fields contained on the form.


OPT
      8. In SEVP Policy Guidance 0801-02, the answer to question 6.6 indicates that a
      student may not continue to use an approved EAD for pre-completion OPT if she
      or he completes the program of study earlier than expected. In most of these
      cases, the student will need to submit an application for post-completion OPT
      well before the original end date of the pre-completion OPT as recorded in
      SEVIS. However, SEVIS does not permit the DSO to shorten an approved period
      of pre-completion OPT to the new program end date, nor does it permit the
      DSO to request overlapping periods of OPT. Therefore, it is impossible for the
      DSO to recommend the post-completion OPT based on the new, earlier program
      end date. Further complicating matters, members have reported that the SEVIS
      Help Desk will not assist them in shortening the period of pre-completion OPT
      either; nor will the Help Desk add the post-completion OPT recommendation
      dates. The Help Desk instructs the DSO to advise the student to submit the I-765
      application for post-completion OPT to a USCIS service center without the
      required Form I-20; then, to call the Help Desk again once the service center
      issues an RFE asking for the I-20. This, of course, causes unnecessary delays and
      can cause hardship for the student who is forced to stop working while the
      delayed application is pending.
           •   Is this the procedure that SEVP anticipated when the Policy
               Guidance was issued?
           •   Would SEVP be willing to program SEVIS to permit the DSO to
               shorten the approved pre-completion OPT?
           •   Failing that, will SEVP instruct the Help Desk to shorten the pre-
               completion OPT upon the DSO's request so that post-completion
               OPT can be recommended and an I-20 can be properly filed with
               the I-765?

Response:
We understand this has been a source of frustration. In the short-term, we have
provided guidance to the Help Desk to add a second segment of OPT. We are also
considering an update to SEVIS to allow for multiple segments of OPT. Until that
can happen, we ask that you contact the Help Desk to request that a second
segment of OPT be added to a student’s record. In making the request, you should
only request a second segment of OPT. It is not appropriate to shorten the period
of OPT currently on the record, as that is an adjudicated decision.
                                                                            U.S. Department of Homeland Security
                                                                            Student and Exchange Visitor Program
                                                                            Potomac Center North
                                                                                  th
                                                                            500 12 Street SW
                                                                            Washington, DC 20536




                                                                            July 2009


Fact Sheet
Supplemental Guidance on the Cap-Gap Extension

This supplemental guidance addresses two significant areas related to the Student and Exchange
Visitor Information System’s (SEVIS) functionality and interface with other government systems,
provides guidance on this issue and describes current workarounds, where available.

This guidance applies only to 2009. The cap gap is determined on an annual basis by demand for
H-1B workers. Additional guidance on the cap gap can be found in the Student and Exchange
Visitor Program’s (SEVP) document titled, Updates to Post-Completion Optional Practical
Training.

If you have any questions concerning the cap-gap extension or other SEVP guidance issues that
are not covered in this supplemental guidance, please contact SEVP via e-mail at
sevis.source@dhs.gov. Enter the words, Attention Policy: Gap Gap, in the subject line.


Cap-Gap Extension Functionality
Normally when U.S. Citizenship and Immigration Services (USCIS) enters H-1B petition
information into CLAIMS, the information is pushed into SEVIS where student records
automatically update with the full cap-gap extension. If time constraints do not allow the process
to complete, a designated school official (DSO) can employ the Cap-Gap Extension functionality
in SEVIS. (See the document titled, Release 5.10 Conference Slides – F/M Users, for additional
information on the automatic update.)

The Cap-Gap Extension functionality was developed to allow DSOs to provide interim cap-gap
extensions for students whose optional practical training (OPT) or status ends before USCIS has
the opportunity to receive the H-1B petition and enter it into CLAIMS. This functionality became
available in SEVIS with SEVIS Release 6.0.

SEVIS now allows DSOs to indicate that an F-1 student is the beneficiary of an H-1B petition
with a change of status request that has either been:
    • Filed and accepted for processing by USCIS; or
Supplemental Guidance on the Cap-Gap Extension



    •   Filed and waitlisted by USCIS.


The Cap-Gap Extension functionality should not be used for all students who are eligible for the
cap-gap extension. Rather, it should only be used in cases where a student’s status or OPT may
end before USCIS can receipt the H-1B petition.

For example: if a student’s OPT ends on April 15 (approximately two weeks after the student’s
employer filed the H-1B petition on his or her behalf), there is a chance that USCIS will not be
able to receipt the H-1B petition by April 15. Because the student’s employment could end before
his or her SEVIS record is updated with the full cap-gap extension, it would be appropriate for the
student’s DSO to use the Cap-Gap Extension function to provide an initial cap-gap extension
through June 2.

When a DSO selects Cap Gap Extension “filed,” a student’s OPT (or status if the student isn’t
eligible for OPT during the cap gap) is extended to June 2. For students whose OPT ends before
June 2, this is the appropriate action.

However, we have received reports of DSOs using this function for all students who are eligible
for the cap gap. This is not appropriate and creates problems in SEVIS and for the students. If a
student’s OPT ends after June 2 and the DSO uses the “filed” function, the employment end date
is changed to June 2. The DSO then has to contact the Help Desk to get the employment end date
returned to the correct date.


Inappropriate Termination/Completion of SEVIS Records
SEVP has received a number of reports stating that SEVIS records are being inappropriately
terminated or completed when students are eligible for the cap-gap extension. This is happening
due to USCIS interface issues.

USCIS adjudicators enter petition information into a database which interfaces with CLAIMS
Mainframe. There is a glitch in the interface between those databases that can prevent petition
information, including benefit dates, from reaching the CLAIMS Mainframe. When this happens,
CLAIMS Mainframe does not have any benefit dates to send to SEVIS. Consequently, SEVIS
sees the change of status but does not have a benefit start date. This leads SEVIS to believe the
change of status takes effect immediately and causes a student’s record to terminate or complete
when it should be updated with the cap-gap extension.

USCIS is aware of the issue and is investigating in order to identify the problem and resolve it.
Until the issue is resolved, SEVP has a workaround in place. If a student’s record is
inappropriately terminated or completed due to an H-1B petition filed on a student’s behalf, we
request that DSOs contact the SEVIS Help Desk to have the record returned to Active status and
add the cap-gap extension.



                                                2
                                                                      U.S. Department of Homeland Security
                                                                      Student and Exchange Visitor Program
                                                                      500 12th Street, SW
                                                                      Washington, DC 20536




                   July 2009



Fact Sheet
Applying for a Driver’s License or State Identification Card
Introduction
This Fact Sheet is intended to provide F, M or J nonimmigrants and their respective
school/program officials with basic information on obtaining a driver’s license or a state
identification (ID). It is not intended to be a comprehensive guide to the driver’s license or state
ID application process. Because each state has unique requirements and processes,
nonimmigrants should familiarize themselves with the regulations, policies and other applicable
information of the state where they reside. For your reference, below are Web site addresses for
state department of motor vehicles (DMV) offices.

State DMV Offices
Alabama          http://www.dps.state.al.us/
Alaska           http://www.state.ak.us/local/akpages/ADMIN/dmv/
Arizona          http://www.azdot.gov/mvd/index.asp
Arkansas         http://www.arkansas.gov/dfa/driver_services/ds_license.html
California       http://www.dmv.ca.gov/
Colorado         http://www.revenue.state.co.us/mv_dir/home.asp
Connecticut      http://www.ct.gov/dmv/site/default.asp
Delaware         http://www.dmv.de.gov/
Florida          http://www.flhsmv.gov/
Georgia          http://www.dds.ga.gov/
Guam             https://www.guamtax.com/about/mvd.html
Hawaii           http://www.co.honolulu.hi.us/csd/
Idaho            http://itd.idaho.gov/dmv/driverservices/ds.htm
Illinois         http://www.sos.state.il.us/services/services_motorists.html
Indiana          http://www.in.gov/bmv/
Iowa             http://www.dot.state.ia.us/mvd/index.htm
Kansas           http://www.ksrevenue.org/vehicle.htm
Kentucky         http://www.kytc.ky.gov/drlic/
Louisiana        http://omv.dps.state.la.us/
Maine            http://www.maine.gov/sos/bmv/licenses/getlicense.html
Maryland         http://www.mva.state.md.us/
Massachusetts    http://www.mass.gov/rmv/
Michigan         http://www.michigan.gov/sos/0,1607,7-127-1627---,00.html
Minnesota        http://www.dps.state.mn.us/dvs/index.html
Mississippi      http://www.dps.state.ms.us/dps/dps.nsf/divpages/hp2dlinfo?OpenDocument
Applying for a driver’s license or ID


Missouri         http://dor.mo.gov/mvdl/
Montana          http://doj.mt.gov/driving/default.asp
Nebraska         http://www.dmv.state.ne.us/
Nevada           http://www.dmvnv.com/nvdl.htm
New Hampshire    http://www.nh.gov/safety/divisions/dmv/
New Jersey       http://www.state.nj.us/mvc/
New Mexico       http://www.idnm.us/idnm/index.html
New York         http://www.nydmv.state.ny.us/
North Carolina   http://www.ncdot.org/DMV/
North Dakota     http://www.dot.nd.gov/
Ohio             http://www.bmv.ohio.gov/
Oklahoma         http://www.dps.state.ok.us/dls/
Oregon           http://www.oregon.gov/ODOT/DMV/
Pennsylvania     http://www.dmv.state.pa.us/centers/licenseIDCenter.shtml
Rhode Island     http://www.dmv.state.ri.us/
South Carolina   http://www.scdmvonline.com/DMVNew/default.aspx
South Dakota     http://www.state.sd.us/dps/dl/
Tennessee        http://www.state.tn.us/safety/
Texas            http://www.txdps.state.tx.us/administration/driver_licensing_control/dlindex.htm
Utah             http://publicsafety.utah.gov/dld/
Vermont          http://www.aot.state.vt.us/dmv/dmvhp.htm
Virginia         http://www.dmv.state.va.us/
Washington       http://www.dol.wa.gov/
Washington, DC   http://dmv.dc.gov/main.shtm
West Virginia    http://www.wvdot.com/6_MOTORISTS/DMV/6g1_licenses.htm
Wisconsin        http://www.dot.state.wi.us/drivers/index.htm
Wyoming          http://www.dot.state.wy.us/


Who is eligible for a driver’s license or ID?
Any F, M or J nonimmigrant may apply for a driver’s license or ID as long as he or she is in
lawful status and presents the necessary supporting documents required to verify legal presence in
the United States. For information specifically about accompanying spouses and dependents, see
the section titled, What requirements exist for an accompanying spouse and/or dependent?

What should an F, M or J nonimmigrant do before applying for a state driver’s
license or ID?
A nonimmigrant student or exchange visitor should:
    •   Become aware of the appropriate state requirements.
    •   Contact a designated school official (DSO) or responsible officer (RO) as applicable. The
        DSO or RO will provide guidance and assist in familiarizing the nonimmigrant with the
        expectations of the DMV, as well as explain the general process for obtaining a driver’s
        license or ID.
    •   Wait a minimum of 10 calendar days from the date of entry into the United States before
        applying for a driver’s license or ID.

What can DSOs and ROs do to help?
A number of states use the Systematic Alien Verification for Entitlements (SAVE) program to
determine nonimmigrant eligibility for many public benefits, including obtaining a driver’s
license. Current arrival information, taken from the Form I-94, Arrival/Departure Record, is
essential to this verification process and it takes time for information to be distributed from the

                                                   2
Applying for a driver’s license or ID


port-of-entry information system to SAVE. Encourage students to wait a minimum of 10 days
from the date of entry into the United States before applying for a driver’s license.
Most states require a nonimmigrant to have a Social Security number (SSN) or Social Security
Administration (SSA) letter of ineligibility prior to applying for a driver’s license or ID. See the
section titled, Does a nonimmigrant need an SSN to apply for a driver’s license or ID? Check
your state’s requirements and, if necessary, ensure the nonimmigrant receives the appropriate
documentation prior to going to DMV.
Several states require that a nonimmigrant have at least 6 months left on the Form I-20,
Certificate of Eligibility for Nonimmigrant (F-1 Student Status – For Academic and Language
Students, or Form DS-2019, Certificate of Eligibility for Exchange Visitor(J-1) Status, to be
eligible for a driver’s license. Consult with your state’s DMV or its Web site to see if this is
required.
Be sure the nonimmigrant’s information is entered correctly in the Student and Exchange Visitor
Information System (SEVIS), including nonimmigrant status, name and date of birth (DOB),
before sending the nonimmigrant to the DMV office.
The nonimmigrant’s name must match on all supporting documentation. See the section titled,
What documentation must a nonimmigrant present to the DMV?
The DMV will deny any nonimmigrant’s application if the supporting documents are inconsistent
or do not reflect the proper name, DOB and nonimmigrant status. Review all supporting
documents before the nonimmigrant applies.
The nonimmigrant’s SEVIS information must be Active before applying.

What documentation must a nonimmigrant present to the DMV?
In general, the nonimmigrant should present:
      Passport
      Form I-94
      Form I-20
      Form I-766, Employment Authorization Document (EAD), if applicable
      Form I-797, Notice of Approval, if applicable
      Social Security number or Social Security Administration letter of ineligibility. Please see
           the Social Security Administration Web site at http://www.ssa.gov/pubs/10096.html
           for more information.

The Student and Exchange Visitor Program (SEVP) also recommends that the nonimmigrant
student or exchange visitor refer to the DMV Web site or contact the DMV office with questions
about required documentation.

Does a nonimmigrant need an SSN to apply for a driver’s license or ID?
No. A nonimmigrant does not need an SSN; however, the nonimmigrant will need to apply for a
social security number. Follow the instructions on how to apply for a social security card as
described on the SSA Web site at http://www.ssa.gov/pubs/10096.html#3. If the nonimmigrant is
ineligible for an SSN, he or she will receive a decision letter stating that ineligibility. The
nonimmigrant must present this SSA letter when applying at the DMV office to fulfill the SSA
requirement.

What should a nonimmigrant do if there is an error on the passport?
The nonimmigrant should consult his or her embassy to find out how to correct, update or renew
the passport. Most embassies have a Web site with information for its citizens.

                                                  3
Applying for a driver’s license or ID


What should a nonimmigrant do if his or her name on the passport does not match
the name on the Form I-20 or Form DS-2019?
The nonimmigrant should consult with the DSO to correct the Form I-20 or with the RO to
change the Form DS-2019 to reflect the name on the passport prior to applying for a driver’s
license or state ID.

          When a DSO creates the Form I-20 or an RO creates the Form DS-2019, he or she
          should enter the name in SEVIS exactly as it appears on the nonimmigrant’s passport or
          national identification card. If no passport is available, use the name contained on the
          national identification card.
          If the nonimmigrant has only one name, it must be used as the last name. Use the letters
          FNU (First Name Unknown) in the First Name field. Nonimmigrants with one name
          should be aware that some government officials are not familiar with the FNU acronym
          and may look for the nonimmigrant to show that his or her first name is FNU. The
          nonimmigrant should be able to explain the acronym if it is causing validation problems
          with any government process.
          Spacing is as important as spelling and must be consistent. For instance, systems will
          not read Mc Millan and McMillan as the same name.
          Hyphens must NOT be used.
          Consistency with capitalization is helpful, but not critical.
          Name entries must be in English and must use standard United States characters.
          Letters like ñ, é, ü, ç are not recognized by U.S. data systems. Enter names like Muñoz
          and Sémonin as Munoz and Semonin. Do not change spellings to reflect sounds of the
          language of origin.
          F/M/J nonimmigrants must be consistent in how they enter last, first and middle names.
          For example: some Hispanic nonimmigrants use their mother’s maiden name as part of
          their name. Sometimes it is given as a middle name and other times as part of a
          hyphenated last name. Either usage is acceptable. However, one version must be used
          consistently and no hyphen must be used when two last names are used.
If a nonimmigrant has a number of government records where the spelling of the name is
inconsistent, government officials are likely to interpret the errors as a deliberate attempt at
misrepresentation.

What should a nonimmigrant do if a DMV office denies his/her application for a
driver’s license because of a discrepancy on the Form I-94? How can I-94 data be
corrected?
U.S. Customs and Border Protection (CBP) reviews requests for corrections and, if appropriate,
issues the necessary documents to remedy errors made on the Form I-94 at the time of entry into
the United States relating to:
• Improper nonimmigrant classification
•   Inaccurate biographical information
•   Incorrect period of admission
Any designated deferred inspection location or CBP office located within an international airport
can assist, regardless of where the actual document was issued. See the CBP Web site at
http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/ for details. In particular, review the

                                                   4
Applying for a driver’s license or ID


frequently asked questions segment titled, FAQs on the Arrival-Departure Record (I-94 Form) &
Crewman Landing Permit (I-95 Form).

What should a nonimmigrant do if a DMV office denies issuing a driver’s license
because his/her Form I-20 is not stamped?
There is no federal requirement that a nonimmigrant student maintain a stamped Form I-20. It is
common for a student to have a current Form I-20 that does not contain a stamp. For example: a
nonimmigrant student who has transferred between SEVP-certified schools will not have a
stamped Form I-20 that contains current school/program information.

While there is no requirement that a nonimmigrant student maintain a stamped Form I-20, SEVP
recommends that all nonimmigrants have their most recently stamped Form I-20 available, as
well as their transfer documentation, to prove status while in the United States.

Can a nonimmigrant apply for a driver's license if his or her Form I-20 has
expired?
Yes. However, the nonimmigrant should consult with the DMV office and DSO before applying
for a driver’s license. The DMV requires a nonimmigrant to present supporting documentation,
such as an EAD, validating the duration of stay in the country. All documents should reflect the
nonimmigrant's program start date and end date in the United States or practical training period.

What documents should a student on the cap-gap extension present to verify legal
presence?
A student on the cap-gap extension should present an updated Form I-20 that shows the extension
of stay. If eligible for the cap-gap extension, a student’s SEVIS record should be updated with the
extension (either through an interface with a U.S. Citizenship and Immigration Services (USCIS)
database or by a DSO) when a cap-subject H-1B petition is filed on the nonimmigrant student’s
behalf. Once SEVIS is updated, the DSO can print the updated Form I-20 and provide it to the
nonimmigrant. If the nonimmigrant has received an extension of F-1 status and OPT, the updated
Form I-20 should contain the following language on page 3:

        “F-1 status and employment authorization for this student have been automatically
        extended to [extension end date]. The student is authorized to remain in the United States
        and continue employment with an expired employment authorization document. This is
        pursuant to 8 CFR 214.2(f)(5)(iv) and 8 CFR 274a.12(b)(6)(iv), as updated April 8, 2008,
        in a rule published in the Federal Register (73 FR 18944). Additional information about
        the automatic extension can be found on the Student and Exchange Visitor Program Web
        site at www.ice.gov/sevis.”

Alternatively, if the nonimmigrant has received an extension of F-1 status only (no OPT), the
updated Form I-20 should contain the following language on page 3:

        “F-1 status for this student has been automatically extended to [extension end date]. The
        student is authorized to remain in the United States. This is pursuant to 8 CFR
        214.2(f)(5)(iv) and 8 CFR 274a.12(b)(6)(iv), as updated April 8, 2008, in a rule published
        in the Federal Register (73 FR 18944). Additional information about the automatic
        extension can be found on the Student and Exchange Visitor Program Web site at
        www.ice.gov/sevis.”



                                                 5
Applying for a driver’s license or ID


The DMV will use the information on page 3 to validate the student’s duration of status through
the end of the cap-gap extension.
When the student receives the approval notice for the H1-B petition, he or she should return to the
DMV to present the Form I-797, Notice of Approval, and request that the DMV extend the
driver’s license expiration date for a period of one year. The student must return to the DMV
every year to extend his or her license for the period of stay in the United States, unless otherwise
stated by the DMV office.
For additional information on the cap-gap extension, please see SEVP’s guidance titled, SEVP
Policy Guidance for DSOs on the OPT Extension.

What are the requirements for an accompanying spouse and/or dependent?
The accompanying spouse and/or dependent applying for a driver’s license or state ID should
present supporting documentation from the principal nonimmigrant (F-1, M-1 or J-1) to reflect
the duration of status, as well as their own. The DMV will look for consistency between the
spouse/dependent duration of status and that of the primary visa holder. It is advisable (and, in
some states, required) that the principal nonimmigrant accompany his or her spouse and/or
dependent applying for a driver’s license and present supporting documentation to validate the
duration of status. The DSO should ensure that the principal nonimmigrant’s documents, as well
as those of the spouse and/or dependent, reflect the appropriate duration of status, including
practical training or cap-gap extension.
Consult with the DMV for requirements related to primary visa holder accompaniment.

What are the information requirements for problem resolution requests?
If a nonimmigrant applies for a driver’s license or ID and the issuing DMV is unable to issue it,
the DSO or RO should e-mail SEVP for assistance at sevis.source@dhs.gov. In the e-mail’s
subject line write the following: DMV Issue – (Name of the state). Also provide the following
information 1 :
       1. Applicant’s name
       2. Nonimmigrant’s Form I-94 admission number (11 digits) or alien registration number (9
          digits)
       3. SEVIS number
       4. Date of birth
       5. Address of the DMV office where the person experienced the problem, and a receipt
          number (if available)
       6. Date the applicant visited the DMV office
       7. Contact address and phone number or e-mail address for the applicant (in case the DMV
          office needs to contact the person)
       8. Explanation of the problem

Once SEVP receives the e-mail, a representative will review the case and enter the student’s
SEVIS ID number into SEVIS. Based on the information in SEVIS, the representative may
contact the DSO directly and explain why the student cannot receive a driver’s license or state
identification card. In all other cases, the SEVP representative will send an e-mail to the
appropriate DMV state representative and request the case be reviewed. The representative



1
    For problem resolution of accompanying spouse/dependent applications, include information of the primary visa holder.



                                                                   6
Applying for a driver’s license or ID


reviews the case within one or two business days. When the case is resolved, SEVP notifies the
DSO or RO immediately.


Contact Information
Should a nonimmigrant, DSO or RO have further questions, please contact SEVP at
sevis.source@dhs.gov and/or the USCIS Verification Program at save.help@dhs.gov. For
questions about a specific state’s policy, please contact that state.




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1.     Office of Investigations

The Office of Investigations has 26 Special Agent in Charge (SAC) principal field offices
throughout the United States. The SAC offices are responsible for the administration and
management of all investigative and enforcement activities within the geographic boundaries of
the office. The SACs develop, coordinate, and implement enforcement strategies to ensure
conformance with national policies and procedures and to support national intelligence
programs. SACs coordinate law enforcement activities with the highest level of Federal, state,
and local governments, as well as intelligence organizations and international law enforcement
entities. In addition, SACs supervise all administrative responsibilities assigned to the office and
ensure a responsive Internal Controls Program is developed.

To efficiently manage their designated geographic regions, SAC offices maintain various
subordinate field offices throughout their areas of responsibility, which support the enforcement
mission. These subordinate field offices, Deputy Special Agents in Charge (DSAC), Assistant
Special Agents in Charge (ASAC), Resident Agents in Charge (RAC) and Resident Agents
(RA), are responsible for managing enforcement activities within the geographic boundaries of
the office.

Office of Investigations
2.     SAC Offices

SAC Atlanta
1100 Centre Parkway
Atlanta, GA 30344
Main Telephone Number: (404) 346-2300
Main Fax Number: (404) 346-2374

SAC Baltimore
40 South Gay Street, 3rd Floor
Baltimore, MD 21202
Main (410) 962-2620
Fax (410) 962-3469

SAC Boston
10 Causeway Street, Room 722
Boston, MA 02222-1054
Main (617) 565-3100
Fax (617) 565-7422

SAC Buffalo
1780 Wehrle Drive, Suite D
Williamsville, NY 14221
Main (716) 565-2039
Fax (716) 565-9509
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SAC Chicago
1 North Tower Lane, Suite 1600
Oakbrook Terrace, IL 60181
Main (630) 574-4600
Fax (630) 574-2889

SAC Dallas
125 E. John Carpenter Freeway, Suite 800
Irving, TX 75062
Main (972) 444-7300
Fax (972) 444-7461

SAC Washington, DC
2675 Prosperity Ave
Fairfax, VA 22031
Main (703) 285-6700
Fax (703) 285-6709

SAC Denver
5445 DTC Pkwy, Suite 600
Englewood, CO 80111
Main (303) 721-3000
Fax (303) 721-3003

SAC Detroit
477 Michigan Avenue, Suite 1850
Detroit, MI 48226
Main (313) 226-0500
Fax (313) 226-6282

SAC El Paso
4191 N. Mesa
El Paso, TX 79902
Main (915) 231-3200
Fax (915) 231-3227

SAC Honolulu
595 Ala Moana Boulevard
Honolulu, HI 96850
Main 808-532-3746
Fax 808-532-4689

SAC Houston
4141 N. Sam Houston Parkway East #300
Houston, TX 77032


                                           2
Main 281-985-0500
Fax 281-985-0505

SAC Los Angeles
501 West Ocean Boulevard, Suite 7200
Long Beach, CA 90802-4213
Main (562) 624-3800
Fax (562) 590-9604

SAC Miami
11226 NW 20th ST
Miami, FL 33172
Main (305) 597-6000
Fax (305) 597-6227

SAC New Orleans
1250 Poydras Street, Suite 2200
New Orleans, LA 70113
Main (504) 310-8800
Fax (504) 310-8900

SAC New York
601 W. 26th Street, 7th Floor
New York, NY 10001
Main (646) 230-3200
Fax (646) 230-3255

SAC Newark
620 Frelinghuysen Avenue
Newark, NJ 07114
Main (973) 776-5500
Fax (973) 776-5652

SAC Philadelphia
220 Chestnut Street, Room 200
Philadelphia, PA 19106
Main (215) 717-4800
Fax (215) 597-4200

SAC Phoenix
400 North 5th Street
11th Floor
Phoenix, AZ 85004
Main (602) 514-7363
Fax (602) 514-7790


                                       3
SAC San Antonio
40 N. E. Loop 410, Suite 501
San Antonio, TX 78216
Main (210) 321-2800
Fax (210) 321-2832

SAC San Diego
185 West F Street, Suite 600
San Diego, CA 92101
Main (619) 744-4600
Fax (619) 557-7275

SAC San Francisco
1500 Broadway, 2nd Floor
Oakland, CA 94612
Main (510) 267-3800
Fax (510) 267-3870

SAC San Juan
Capitol Office Building, 12th Floor
800 Ponce de Leon Avenue
Santurce, PR 00908
Main (787) 729-5151
Fax (787) 729-6646

SAC Seattle
1000 Second Avenue, Suite 2300
Seattle, WA 98104
Main (206) 553-7531
Fax (206) 553-0826

SAC Minneapolis/St. Paul
2901 Metro Drive, Suite 100
Bloomington, MN 55425
Main (952) 853-2940
Fax (612) 313-9045

SAC Tampa
2203 North Lois Avenue
Suite 600
Tampa, FL 33607
Main (813) 357-7000
Fax (813) 348-1877




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