ICS News
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Dean's, Directors and Department Chairs (DDD) listserve archivesICS Listserv
ICS provides current information to UF departments regarding changes in immigration law, regulations, and procedures relevant to its programs. Periodic emails are sent through ICS' Listserv.
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Dean's, Directors and Department Chairs listserve archives |
Immigration Compliance Services for
Foreign National Employees
DATE: May 19, 2010
TO: Deans, Directors, and Department Chairs
FROM:
Paula Varnes Fussell, Vice President for Human Resource Services
David J. Sammons, Dean, UF Human Resource Services (UFIC)
SUBJECT: Immigration Compliance Services for Foreign National Employees
We are pleased to announce that the services supporting the employment and sponsorship of foreign nationals will transfer from the International Center to Human Resource Services (HRS) effective June 11, 2010. After careful review, we have concluded that the absorption of these services into HRS will provide a more efficient and effective process for monitoring and ensuring university compliance with immigration regulations. The establishment of an Immigration Services unit within HRS will align all of the hiring services related to the employment of foreign nationals in a single physical location and provide additional support for the campus in this area through the sharing of knowledge and resources.
As a result of the transfer of these services, Yvette McKinney and Susie Studstill will move to the HRS building in June. Many of you and your staff have worked with these individuals in the past and know the experience and excellent customer service they have provided in this area. Ms. McKinney will continue to lead the compliance efforts as part of HRS in this new configuration.
Please note that the services associated with the sponsorship of visiting scholars and students will remain in the UF Human Resource Services (UFIC) offices located in the Hub.
Additional information about this transition will be provided in the June edition of the monthly InfoGator http://hr.ufl.edu/infogator/default.asp. Please contact us if you have any questions.
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NOTE: This and other DDD Memos are maintained on the WWW at:
HTTP://www.admin.ufl.edu/ddd/
(ALL ATTACHMENTS TO ORIGINAL MEMOS ARE POSTED HERE)
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Immigration Compliance Services listserv archives |
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DOL/ETA iCERT Portal - Correction |
02/02/2010 Dear Subscribers: The ETA’s iCert Portal is available for use. Please note that Employment Information (Item C.) on the Form 9141 should be completed by all University departments and centers as follows (without any information posted in the section Trade name/DBA - Item C. 2.): Immigration Compliance Services |
H-1B/E-3 Cases: Delays in Receipt of Prevailing Wage Determinations (PWDs) |
2/19/2010 Dear Subscriber: The Employment and Training Administration’s National Prevailing Wage Helpdesk Center (NPWHC) is currently issuing the following notice regarding its delay in issuing PWDs: The NPWHC is working to provide Prevailing Wage Determinations as quickly as possible, in the first-in, first-out (FIFO) order. However, determination times may fluctuate somewhat as the Department works to centralize processing of PWD requests at the NPWHC. Therefore, we continue to encourage requestors to submit their ETA Forms 9141 at least 60 days in advance of the employers’ initial recruitment efforts. As you await a decision on your PWD applications, remain cognizant of the fact that the inclement weather in the Washington, DC area last week, and the federal holiday on Monday, February 15 resulted in the closing of federal agencies for several business days. Meanwhile, we shall remain optimistic about receiving PWDs from the NPWHC in a timely manner after their centralization process is completed. Faculty and Scholar Services
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VITA Program Information |
February 26, 2010 Dear Subscribers: The VITA information that you received in the previous email message will be sent to current foreign national faculty, scholars and professionals sponsored by UF. You may share this information with colleagues in your department/center. Immigration Compliance Services
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Prevailing Wage Determinations: Application Guidance |
03/10/2010 Dear Subscriber: As an institution of higher education, the University is entitled to special prevailing wage provisions set out in the Immigration and Nationality Act (INA) amendments, for our H-1B and E-3 cases. We are permitted to utilize the American Competitiveness and Workforce Improvement Act (ACWIA) provisions, allowing for prevailing wage determinations (PWDs) based upon comparisons with the same type of organization. These PWDs are generally a lower wage level. In previous years, the State of Florida’s Agency for Workforce Innovation staff automatically applied this provision to our requests. Based on recent PWDs issued by the ETA’s National Prevailing Wage Determination Helpdesk (NPWDHC), this practice is not being undertaken by the ETA; therefore, in order to receive an ACWIA wage, all ETA Form 9141 applications be completed as follows: In the section located under Item D.a.6 (Job Duties), after the description of job duties, include the following statement surrounded by asterisks: “***This employer is an institution of higher education or a research entity under 20 CFR 656.40(e).***” Including this entry should result in our receipt of PWDs that correspond to the current wages paid to university employees who possess the same position classification in this geographic area. For a number of current cases, the submission of a revised ETA Form 9141 may be necessary to acquire a suitable wage determination. Immigration Compliance Services
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Faculty and Scholar Services Unit: Clarification of Changes |
Dear Subscribers: The transition of the administration of sponsorship of employment-based immigration statuses and classifications from the Faculty and Scholar Services unit in the Human Resource Services to the Immigration Compliance Services (ICS) unit in the Office of Human Resource Services (OHRS) will be complete on June 30. Immigration Compliance Services Effective July 1, 2010 all petitions associated with sponsorship of H-1B, TN, O-1 and E-3 nonimmigrant statuses, in addition to employment-based immigrant petitions for permanent resident status, must be submitted to the ICS unit in the OHRS located at 903 West University Avenue (PO Box 115000). The sponsorship process procedures for employment-based statuses and classifications will remain unchanged, until a notification of change in procedures is issued. Appointments for in-person consultations for either foreign nationals or administrative staff members regarding prospective and current immigration cases must be made in advance of visits to the ICS unit. However, petition packets may be delivered in-person to the lobby of the OHRS at any time during normal business hours. All petitions and application packets for ICS that are delivered during non-business hours may be deposited in the OHRS Drop Box that is located on the east wall of the main entrance to the OHRS. Susie Studstill will continue to manage the petitioning process associated with the sponsorship of H-1B, TN and E-3 status. Yvette McKinney will continue to oversee the operations of the unit, and mange the sponsorship process for O-1 nonimmigrant status, and applications and petitions associated with permanent resident status. Dawn Smith-Vickers (OHRS) will also provide services in the ICS unit. Contact information: Susie Studstill Dawn Smith-Vickers Yvette McKinney Immigration Compliance Services
Exchange Visitor Services The administration of the J Program for visiting exchange scholars will remain in the Human Resource Services. The Exchange Visitor Services (EVS) unit in the Human Resource Services has been established to manage these sponsorship processes. This unit is staffed by Haley Tsai and Adam Greenfield. The sponsorship process for J-1 status granted to visiting scholars will continue to be handled in the current manner, until a notification of change is issued. Contact information: Haley Tsai Adam Greenfield Susanne Hill, Ph.D. FSS, the former unit, received a high volume of immigration sponsorship cases during this hiring season. A large percentage of these cases were not submitted within the established submission deadlines for various legitimate reasons, and many exceptions for a number of department and centers were made this calendar year. For some cases, we have been required to undertake additional actions which have lengthened our normal processing periods and delayed our responses to requests. We ask for your patience, understanding and cooperation during the upcoming months as we continue to provide immigration sponsorship-related services while establishing the ICS operations in Human Resource Services office. Enjoy the summer season! Immigration Compliance Services, Office of Human Resource Services USCIS Petition/Application Processing Fee Change Notice |
U.S. Citizenship and Immigration Services (USCIS) has announced a change in processing fees associated with numerous immigration applications and petitions that will become effective on November 23, 2010. Therefore, applications or petitions mailed, postmarked, or otherwise filed on or after November 23, 2010 by ICS to USCIS must include the new fee. ICS has contacted Financial Services and advised that office of the forthcoming fee changes. Sponsoring University units should remain aware of these upcoming changes inUSCIS processing fees and submit eligible petition packets to ICS no later than November 5, 2010 in order to avoid incurring the higher fees for petition packets that may be submitted on or after November 23. By providing ICS with ample time (two weeks) to process eligible petitions that are submitted with the current processing fees, sponsoring units will facilitate the timely submission of applicable petition packets. Eligible petition packets are those that are completed according to the detailed instructions, posted on the ICS website (http://www.ufic.ufl.edu/ifss.htm), and that meet ICS submission deadlines and USCIS filing deadlines. Immigration petition packets that do not meet the established requirements will be returned to the sponsoring unit so that the appropriate revisions may be made to the petition packet. Below are the forms, submitted by the University and/or foreign national employees and the associated fee changes: Form I-129 Petition for Nonimmigrant Worker: Increase from $320 to $325 Form I-140 Immigrant Petition for Alien Worker: Increase from $475 to $580 Form I-485 Application to Adjust Status: Increase from $930 to $985 Form I-765 Application for Employment Authorization: Increase from $340 to $380 Form I-131 Application for Travel Document: Increase from $305 to $360 Premium Processing Service Fee (Form I-907): Increase from $1,000 to $1,225 (for eligible Form I-129 and Form I-140 petitions) Form I-539 Application to Extend/Change Nonimmigrant Status (submitted by Dependent(s) of nonimmigrant workers): Decrease from $300 to $290 Enjoy the autumn season~
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Prevailing Wage Determination Application Procedures |
November 02, 2010 Dear Subscriber: This message provides guidance for applying for Prevailing Wage determinations, required for H-1B and E-3 case types. Requests for Prevailing Wage Determinations submitted via the ETA’s iCert Portal should be requested no later than 90 days before the requested start date/extension effective date of the H-1B or E-3 status. SELECTION OF O*NET CODES/OCCUPATIONS FOR PWD APPLICATIONS O*Net Codes for positions the meet sponsorship requirements should be selected based on a combination of the degree requirements for the position and the duties of the position. As a general rule, if the University’s degree requirements for the position are significantly higher than that degree requirement associated with the selected corresponding O*Net occupation, the selected O*Net code is probably inappropriate for sponsorship purposes. For example, if the case possesses the following facts: University Position: Post Doctoral Associate (Ph.D. in Biotechnology/Biochemistry Required) The Selected O*Net Code (19-4021) is inappropriate to use for this Post Doctoral Associate position. An appropriate O*Net Code to use for a Post Doctoral position that requires the employee to possess a Ph.D. in BioTechnology or Biochemistry is 19-1021.00 – Biochemist and Biophysicists, with the appropriate Skill Level: 1. O*NET CODES FOR FACULTY POSITIONS The appropriate O*Net Code for all faculty positions should begin with the number “25”. POSTING POSITION DESCRIPTIONS ON THE ETA FORM 9141 Provided below are examples of appropriate text for Section D. Job - Offer Information on the ETA 9141 (Application for Prevailing Wage Determination): Example of description for Assistant Professor position: Teach undergraduate and graduate level courses in the field of Humanities; contribute to the scholarly mission of the department Example of description for Postdoctoral Research Associate position: As a post graduate trainee in the field of Biotechnology and Biochemistry, conduct research focused upon the effects of carcinogenic matter on the cells of mammals under the supervision of faculty; present research outcomes as required; assist with preparation of grant proposals/applications; assist in providing instruction to Undergraduate and graduate level students in a laboratory setting. NOTE: This employer is an institution of higher education or a research entity under 20 CFR 656.40(e). The employer is requesting a Prevailing Wage Determination based upon comparisons with the same type of organization, as provided by a provision included in the American Competitiveness and Workforce Improvement Act (ACWIA). If additional guidance is needed for completing the Prevailing Wage Determination application process, you may contact ICS staff for assistance. Immigration Compliance Services |
05/08/2009 Dear Subscriber: Currently, federal regulations require the University of Florida (the Faculty and Scholar Services office) to obtain certified Labor Condition Applications (LCAs) from the Employment and Training Administration (ETA), a division of the Department of Labor (DOL), before submitting nonimmigrant visa petitions for H-1B and E-3 status. On April 15, 2009, the U.S. Department of Labor (DOL) will begin accepting a new version of the LCA, Form ETA 9035, for processing through the new iCERT Visa Portal System. A recent communiqué from a reputable immigration law firm states: The current DOL system allows for immediate processing of LCAs. However, the agency projects that the new system will require as many as seven (7) days, if not longer, to process the LCAs instead of a few minutes. The new LCA form will continue to require the employer to make certain representations and agree to several attestations including those regarding the wages, working conditions and benefits to be provided to the foreign worker. However, it will also require more detailed information concerning the University, the types of employment, the wage data, and the place of employment, and other pertinent information. Under the current federal regulations that permit H-1B “portability”/transfer, H-1B beneficiaries may begin an employment period after USCIS issues a receipt notice (Notice of Action) for the current petition. However, the new LCA system may cause processing delays that would seriously impede the employment flexibility of H-1B beneficiaries and the ability of the University to immediately employ them. Sponsoring departments/centers also need to remain cognizant of the new LCA filing system when an H-1B employee is planning to travel abroad, especially when a subsequent petition to amend or extend the status is imminent. In this situation, a delay in the University’s receipt of a certified LCA from the DOL would negatively impact the beneficiary’s visa application process at a U.S. Embassy or Consulate during a relatively short trip abroad. The Immigration Compliance Services (FSS) office will post the new LCA form on the Human Resource Services’s website. FSS will continue to generate the LCAs that are included in H-1B and E-3 petition packets, on behalf of the sponsoring departments/centers. However, the posting of the LCA Filing Notice responsibility will shift from the sponsoring department/center to the Faculty and Scholar Services office, effective May 15, 2009. Procedural changes for posting the LCA filing notice will appear on the FSS website on May 11, 2009. The new LCA filing procedure requires strict adherence to FSS’ petition submission policy by sponsoring departments and centers in order to facilitate continuous employment of our H-1B beneficiaries. Current H-1B and E-3 submission deadlines appear below, and are posted on the Immigration Compliance Services website: http://www.ufic.ufl.edu/statusH1BFilingPetition.htm#3 Petition submission deadlines:
* Transfer from an H-1B sponsor/employer other than UF Please note that these deadlines may be revised within the next 60 days to coincide with the new LCA processing timelines. Immigration Compliance Services |
New Form I-129 for H-1B, TN, E-3 nd O-1 Statuses |
05/08/2009 Dear Subscriber: On March 20, 2009 USCIS announced its revision of Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding under the “Employ American Workers Act” (EAWA) that was signed into law on February 17, 2009. Accordingly, on March 24, 2009, USCIS posted the revised Form I-129 with a revision date of March 11, 2009. Immigration Compliance Services has been advised by USCIS that all petitions must include the Rev. 3/11/09 version of the Form I-129. FSS posted the new Form I-129, which comprises 26 pages, on the its website and requires that all H-1B, TN, E-3 and O-1 petition packets submitted to FSS after May 1, 2009 include the 03/11/09 version: http://www.ufic.ufl.edu/downloads/ifss/I-129_H1B.pdf Please note that all 26 pages of the new form should not be submitted when sponsoring applicable non-immigrant status, such as H-1B. However, effective May 4, 2009, all University of Florida H-1B petition packets must include pages 1 – 4 , 8 – 9, and 13 – 15, as the revised H-1B petition filing instructions indicate on the FSS website. The new H-1B Data Collection and Filing Fee Exemption Supplement spans three pages and includes an additional question: 1.d. Has the petitioner received TARP funding? The University’s current response is “No.” Also note the following application filing requirements for other employment-based nonimmigrant statuses : TN Petitions: Form I-129 w/ pages 1 – 4 and page 7 O-1 Petitions: Form I-129 w/ pages 1 – 4 and page 18 E-3 Petitions: Form I-129 w/ pages 1– 4 and pages 5-6 Your following these new procedures immediately will prevent delays in the FSS petition review process. Your cooperation will be sincerely appreciated. Immigration Compliance Services
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Changes to H-1B/E-3 Petition FIling Procedures - Labor Condition Applications (Update) |
05/15/2009 Dear Subscriber: The Employment and Training Administration has issued a notice, regarding the new Labor Condition Application (LCA)system, which changes the implementation date from May 15, 2009 to June 30, 2009. Therefore, Immigration Compliance Services will continue to accept the ETA 9035 Form from departments and centers that are sponsoring H-1B and E-3 status. We ask that you also continue to post the LCA Filing Notices for the required 10 day period in your departments and centers until further notice. Please continue to submit the ETA Form 9035, that is posted on the FSS website, with H-1B petition packets until you receive a subsequent Listserv message that provides instructions regarding the changes to the LCA procedures. Also, we are attempting to resolve an issue with our Listserv subscriber’s list. We ask that you share this notice with your colleagues who generate H-1B and/or E-3 petitions to ensure that this message is issued to all administrative staff members whose routines will be affected by the upcoming changes. Enjoy the day~
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H-1B/E-3 Status - New Posting Procedures for LCA Filing Notices |
06/19/2009 Dear Subscribers: Effective June 29, 2009, the Immigration Compliance Services (FSS) office will incur the responsibility of posting the University’s Labor Condition Application Filing Notices to the public. FSS will post the LCA Filing Notices for 10 working (business) days on the Human Resource Services’s website on behalf of the departments and centers that sponsor H-1B and E-3 employees. The sponsoring departments and centers must submit a LCA Request Form and LCA Filing Notice (http://www.ufic.ufl.edu/downloads/ifss/ETA9035RequestAndFilingtNtc.pdf) with all H-1B and E-3 petitions to FSS. FSS will continue to electronically generate the LCAs via the Employment and Training Administration’s (ETA’s) website. The new forms associated with filing a LCA and the corresponding instructions have been posted on the FSS web pages under the header H-1B - Labor Condition Applications: http://www.ufic.ufl.edu/statusH1BPetition.htm#2 Remember that the ETA’s new LCA filing procedure will become mandatory for all H-1B and E-3 employers beginning June 30, 2009, and requires strict adherence to petition submission deadlines established by FSS. Happy Summer~
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SEVIS Fee Payment Notice |
06/30/2009 Dear Subscribers: The Department of State’s Student and Exchange Visitor Program (SEVP) has issued a notice regarding payment of the Student and Exchange Visitor Information System (SEVIS) fee for exchange visitors (and students):
Please remain aware of the ban on credit card payments for the SEVIS fee imposed on prospective exchange visitors from specific countries as plans for sponsorship are developed and implemented. According to U.S. Immigration and Customs Enforcement (ICE), if a sponsor attempts to make a credit card payment on behalf of an exchange visitor from one of the applicable countries, she or he will receive the following message when the payment is attempted: "The Student and Exchange Visitor Program (SEVP) is not accepting credit card payments at this time. Please remit your payment by cashier's check, money order or Western Union transfer. We apologize for the inconvenience and thank you for your cooperation. If you wish to continue submitting a new payment please click here." If a credit card payment for an exchange visitor is not accepted, the sponsor should contact the I-901 Helpline at 314-418-8833. The following websites provide additional information about how to pay the SEVIS fee by use of alternative methods: www.fmjfee.com and www.ice.gov/sevis/i901/ . Immigration Compliance Services
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Website Revisions / Changes in Procedures / Information Session Announcement
11/25/2009
Dear Subscribers:
The Immigration Compliance Services website renovation project is in its final stage. Numerous revisions to the J program procedures, forms and information have been made and the Immigration Compliance Services (FSS) web site currently reflects these changes. As always, we encourage you to visit the FSS’ web site and review the information posted so that you may obtain a sound familiarity with the format and forms. This type of familiarity will facilitate success with the University’s endeavors involving sponsorship of foreign nationals.
Below is a list of the significant changes in various university sponsored immigration classifications. Also listed is important information regarding the new procedures associated with the J Program, which are currently posted on the FSS website.
J Status
- Mandatory electronic submission of Form DS-2019 Request packet to FSS (which includes the electronic transfer of information from faculty sponsors and prospective exchange visitors to administrative staff)
Note: College of Medicine departments and centers will continue to submit application packets (the electronic copies and the required supplemental paper documents) through the Dean’s Office (Louise Brophy/Pynie Gonzales) in the College of Medicine.
- DS-2019 application submission deadlines (60 days before the requested start date for initial programs and 30 days before amendments to programs)
- Mandatory invitation letter issued by sponsor to every exchange visitor (two templates are posted on the FSS web site)
- Amendment form to report early departures of visitors and earlier end date of program: http://www.ufic.ufl.edu/downloads/ifss/EVAmendmentRequestForm.pdf
- Separate form for exchange visitors to request letter to invite family members to visit:
- http://www.ufic.ufl.edu/downloads/ifss/EVDependentRequestForm.pdf
- Exchange visitor Change of Address Form:
http://www.ufic.ufl.edu/downloads/ifss/EV_Change_of_Address.pdf
- On-line PowerPoint presentation for J Program orientation session for new exchange visitors:
http://www.ufic.ufl.edu/downloads/ifss/J_1Orientation_PP%20final%20version%202-27-09.ppt
- Automated e-mail notifications from FSS database that advise the designated administrative staff member that a new J exchange visitor has not completed the required check-in process at FSS within 15 days of arriving.
ANNOUNCEMENT:
The on-line submission of DS-2019 Request Form packets will be mandatory effective Tuesday, December 15, 2009. FSS will continue to accept paper application packets until December 14, 2009.
An information session covering the new procedures will be conducted in the Brain Institute, Room LG101A at the Health Science complex on Wednesday, December 2, from 10AM to 11:30AM. All administrative staff members who are responsible for generating application packets for research and employment based immigration statuses are invited to attend.
H-1B Status
- Petition submission deadlines: http://www.ufic.ufl.edu/statusH1BFilingPetition.htm#7
- FSS website posting of the ETA’s Filing Notice for Labor Condition Applications required for Labor Condition Applications (ETA Form 9035 applications) associated with H-1 and E-3 cases: http://www.ufic.ufl.edu/downloads/ifss/ETA9035RequestAndFilingtNtc.pdf
- Automated email notifications from FSS database that advise designated administrative staff members in the sponsoring departments/centers of the submission of a petition to USCIS
TN Status
- Maximum allowable validity period for a NAFTA TN work visas from one year to three years, with an unlimited number of renewals.
PR Status
- FSS website posting of the ETA’s Notice of Job Availability required for Applications for Permanent Employment Certification (ETA Form 9089 applications): http://www.ufic.ufl.edu/downloads/ifss/JobAvail.pdf
- Reinstatement of Premium processing service for Form I-140 cases:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/
?vgnextoid=5384e7f490cf1210VgnVCM1000004718190aRCRD&vgnextchannel=
68439c7755cb9010VgnVCM10000045f3d6a1RCRD
Your cooperation with implementing the procedural changes and adhering to federal regulatory requirements is requested, and sincerely appreciated.
Wishing you a wonderful holiday season~
Immigration Compliance Services
UF Human Resource Services
H-1B Petition Processing Fees - Responsible Parties |
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12/07/2009 Dear Subscribers: Recently, we have been made aware of a significant number of foreign nationals, who are being sponsored for H-1B status by UF departments and centers, that have submitted payments from personal funds for the H-1B petition processing fees. As the employer, the sponsoring unit is responsible for these fees. However, the foreign national may pay the $1000.00 fee for the optional USCIS premium processing service. As stated by legal professionals in the field of immigration: The Department of Labor (DOL) takes the position that it is the employer's responsibility to pay for the preparation and filing of an H-1B visa petition - it considers this to be a business expense of the employer; indeed the DOL's regulations state: "Where the employer depresses the employee's wages below the required wage by imposing on the employee any of the employer's business expenses, [including . . . filing of the H-1B visa petition], the Department will consider the amount to be an unauthorized deduction from wages, even if the matter is not shown in the employer's payroll records as a deduction." Please make the necessary arrangements to reimburse all foreign nationals in your department/center who submitted payments for their respective petition processing fees as soon as possible. Also, Immigration Compliance Services must be provided with proof of the refund of these fees to the foreign national H-1B beneficiaries. Electronic versions of this evidence should be submitted to ymckinney@ufic.ufl.edu . Below is a link to the FSS website and information regarding responsibility for the applicable processing fees: http://www.ufic.ufl.edu/statusH1BFilingPetition.htm#4
H-1B Petitions / H- 4 Applications, Processing Fees, and Responsible Parties
Enjoy the season~ Immigration Compliance Services
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State of Florida (DMV) Implementation of Federal Real ID Act |
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12/10/2009 Dear Subscribers: The Federal REAL ID Act of 2005 will be fully implemented in Florida, effective January 1, 2010. This Act requires applicable state agencies to undertake actions that are designed to improve the integrity and security of State-issued driver licenses and identification cards. The implementation of these new standards will hinder the ability of many foreign national visitors and faculty who possess various non-immigrant statuses to re-new their driver’s license. According to the Florida Department of Highway Safety and Motor Vehicles, non-immigrants renewing or applying for a new driver license or identification card will be required to submit:
*For foreign nationals who are ineligible to receive a social security number, the DMV website states that a “transcript of the birth record filed with a public officer charged with the duty of recording certificates” will satisfy the social security (proof of ID) requirement. The following link provides driver’s license applicants access to a detailed list of the required documents: http://www.gathergoget.com/. The specific new standard that will affect a large number of university sponsored non-immigrants who do not possess an "unexpired employment authorization document (EAD) issued by DHS, Form 1-766 or Form I-688B," is the alternative documentation that satisfies the proof of identity requirement for non-immigrants: An "unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved 1-94 form documenting the applicant's most recent admittance into the United States."
The current resolution of this problem requires the non-immigrant (or their dependent(s), if applicable) to depart from the U.S. and complete the visa stamp application process at a U.S. Embassy or Consulate office abroad (usually in the non-immigrant’s home country). NAFSA (Association of International Educators), a professional organization to which the Human Resource Services is affiliated, has identified the key obstacles associated with the REAL ID Act in an effort to assist its members and the communities that they serve with resolving anticipated issues. This information is posted below this message. Immigration Compliance Services Key obstacles Obstacle I. Proof of identity requirement will exclude many nonimmigrants An applicant must prove identity using one of the documents listed at § 37.11(c)(1). Of the documents listed, however, only two are typically held by nonimmigrants:
Proving identity is fairly straightforward if the nonimmigrant has an EAD card. Those without an EAD, however, will initially only be able to establish identity by means of an "unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved 1-94 form documenting the applicant's most recent admittance into the United States."
Furthermore, if producing a satisfactory 37.11(c) document is problematic for establishing identity, it will also be problematic for establishing date of birth under § 37.11(d), which requires date of birth to be shown by presenting at least one 37.11(c) document. Obstacle II. Social Security Number requirement poses one more hurdle Under § 37.11(e), an applicant must also "present his or her Social Security Administration account number card; or, if a Social Security Administration account card is not available, the person may present any of the following documents bearing the applicant's SSN (i) a W-2 form, (ii) a SSA-1099 form, (iii) a non-SSA-1099 form, or (iv) a pay stub with the applicant's name and SSN on it." Obstacle III: Nonimmigrants will also have to establish lawful presence in the U.S. Under § 37.11(g), all applicants must establish lawful presence in the United States. Obstacle IV: Identity, SSN, and lawful presence will have to be verified Presenting the documents to establish identity and lawful presence is only the first part of the process. The DMV is also required to verify those documents, as follows:
The lack of reliability in systems such as SAVE will most likely complicate the verification process. Obstacle V: Duration of REAL ID limited to one year for nonimmigrants admitted D/S Even if the nonimmigrant succeeds in getting a REAL ID issued, Section 202(c)(2)(C)(ii) of the REAL ID Act requires that the duration of the driver's license to be limited to the period of the person's authorized stay or in the case of no specific period, a duration of one year.
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