Chad Newill is a Business Development Manager for the Association for International Practical Training (AIPT). This article is reprinted with permission.

2003 Visa Processing

In response to a critical study of the State Department’s visa issuance policies and practices by the Department of State’s Inspector General’s office, the DoS reviewing its current practices on visa issuance. The study recommended that a greater percentage of visa applicants be interviewed. The report continued that policy should be based on local decisions.

As a result, the U.S. Embassy in London is requiring applicants for all visas, including the J-1 visa, to apply in person for an interview with a consular officer beginning January 6, 2003 . Interviews will be by appointment only. Other posts will be reviewing their policies and therefore, AIPT recommends that applicants check the Consulate’s website prior to application for the most up to date procedures. Embassy websites can be found through the DoS link at: http://usembassy.state.gov/. On a positive note, the U.S. Consulates in Germany have reinstated a mail-in application process for German citizen’s holding German passports applying for J-1 visas.

SEVIS: Student and Exchange Visitor Information System

Student and Exchange Visitor Information System (SEVIS), is an information database that provides tracking, monitoring, and access to accurate and current information on non-immigrant students (F and M visa) and exchange visitors (J visa). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet to the INS and the Department of State throughout a student or exchange visitor’s stay in the United States . SEVIS allows printing of the appropriate forms and also provides reminders, alerts, and basic reporting capabilities.

All sponsoring organizations, including AIPT, are required to file applications with either the INS or Department of State. The activation of enrollment will mean that the Certificate of Eligibility (DS2019 or IAP-66) will be changed to a form generated by the SEVIS database. You may notice a change in the appearance of the form in February.

The SEVIS database does require the payment of a SEVIS fee by the applicant. The fee rule reportedly is in process and will need to be published for the public before we can provide specifics on procedures that will effect applications for J-1 visas. Until the rule appears, we will not know the details of how the fee is to be paid, or when fee payment will commence. ‘Early March’ has been mentioned as a target for fee payment. The proposed fee for Summer Work and Travel programs are set at $35 the fee for training programs is not yet set and is expected to be about twice the Summer Work and Travel fee. These fees are INS fees and a receipt for the fees will be required prior to visa issuance.

Social Security Card Applications

AIPT is aware of the problems that some trainees are encountering when applying for a Social Security Card. On September 1, 2002 , Social Security Administration (SSA) implemented a major change that affects trainees and all other foreign nationals needing a Social Security number. All Social Security offices are required to do an immigration document check with the INS. This must be done prior to issuing a Social Security card and number. The SSA initiates this check through an online query of the INS system using the trainee’s arrival documentation (I-94) number. The INS is currently indicating that they require 10 days to get the information into the system, but in some instances this could be longer. To receive a Social Security card, the SSA must receive a verification of this information from the INS.

If a trainee arrives and applies for the Social Security number but is not yet able to be verified, the SSA has advised that there are four alternatives by which they can assist with enrolling the trainee for employment and payroll, such as:
 

• Issue a notice acknowledging the trainee’s Social Security number application while his/her documents are being verified;
• Provide the trainee, upon request, with a copy of his/her UNCERTIFIED Social Security card application (Form SS-5);
• Notify a trainee of the Social Security number assigned before the Social Security card is received in the mail; and
• Send an SSA-7028, Notice to Third Party of Social Security Number Assignments, to the trainee's employer or other interested third party.

Under IRS code 31.6011(b)-2(c), an employer that has an employee (trainee) who has not been assigned a Social Security number can accept the following documentation for employment and payroll:
 

•  Receipt for the application for a Social Security card, along with the employee's (trainee’s) name and address as shown on the receipt, and the expiration date of the receipt.
• Copy of the application for a Social Security card (Form SS-5) until the card is issued.

Remember, the Social Security card alone does not authorize a person's eligibility to work. Work eligibility is determined by the completion of the I-9 form. In the case of J-1 visa participants, the I-9 form is most commonly completed by using the foreign passport with the number from the attached Arrival/Departure Card (INS Form I-94) and the number on the Certificate of Eligibility (IAP-66 or DS-2019). Trainees will have both these documents on arrival at the training site. The Social Security card is used for reporting the wages earned to the IRS and SSA. Additionally, trainees are exempt from Social Security taxes.

U.S. INS begins National Entry-Exit Registration System

Following the September 11 attacks, Congress passed the ‘USA Patriot Act’ (Public Law 107-56). This Act requires the INS to implement “special registration” procedures for certain nonimmigrant aliens for admission into the United States . The Act intends to improve the monitoring of entries/exits and US addresses of nonimmigrant aliens from certain countries designated by the Attorney General.

Currently the law applies to citizens of, or people holding dual citizenship for, the following countries: Afghanistan , Algeria , Bahrain , Bangladesh , Egypt , Eritrea , Indonesia , Iran , Iraq , Lebanon , Jordan , Kuwait , Libya , Morocco , North Korea , Oman , Pakistan , Qatar , Somalia , Sudan , Saudi Arabia , Syria , Tunisia , United Arab Emirates , Yemen .

Other criteria defining who is covered by the special registration is as follows:

          Males

          Ages 16 or older

          Dates of entry to the United States also come into consideration

To know more about the specifics of this law you can go to the Immigration and Naturalization Service’s website at www.ins.gov and view the article titled, ”Special Registration Information Updated; New Group Added; Deadlines Approaching”. From this page you can click on the link to ‘procedures and requirements’. This resource gives you the full details on the special registration.

Reporting Changes of Address to the INS

As of April 2002, the INS began enforcing a long-dormant provision that requires all aliens present for more than 30 days to report any change of address to the INS within 10 days of the change. Changes that occur after 30 days are reported using the Form AR-11. The AR-11 is available in several languages, but must be completed in English and mailed to the INS address on the form. Anyone who has gone through the special registration process must complete the Form AR-11SR. Both forms are available at the INS website, www.ins.gov.

We hope that you find this information interesting and helpful. Please contact us with any questions related to this update.