**SPECIAL ANNOUNCEMENTS**

From NAFSA: Association of International Educators
December 3, 2003

DHS eases some Special Registration requirements
(Effective December 2, 2003)

On December 2, 2003, the Department of Homeland Security (DHS) published a rule that amends several requirements associated with the Special Registration program. The primary purpose of this message is to clarify that although the Special Registration program has been modified by the new rule, it has not been eliminated.

Under the new rule, individuals subject to Special Registration are still subject to departure controls that require them to use only designated ports of departure when departing the U.S., but they are no longer required to report to DHS offices in between entry and departure (the so-called 30-day and annual re-registrations). The rule also provides that F, M, and J nonimmigrants who report changes in address and educational institution as required through SEVIS are not required to also report those changes using Form AR-11SR, although changes to F, M, or J employment must still be reported on the AR-11SR.
The changes to Special Registration are effective immediately. [69 Fed. Reg. 67578 (December 2, 2003)].

To read a NAFSA practice advisory summary of the rule's highlights, and to download the rule and a DHS "fact sheet" summarizing various aspects of the rule, access http://www.nafsa.org/practice.

Special Registration remains a very complicated area of law, and NAFSA encourages its members to direct students and scholars seeking advice on
Special Registration to competent legal counsel.

DIVERSITY IMMIGRANT VISA PROGRAM

The U.S. Department of State is accepting entries for the 2005 Diversity Immigrant Visa Program (DV-2005) now through DECEMBER 30, 2003.

The U.S. Department of State administers an annual Diversity Immigrant
Visa Program, which makes available 50,000 permanent resident visas
annually to persons from countries with low rates of immigration to the
United States.

Applicants for Diversity visas are selected through a random lottery
drawing and distributed among six geographic regions. More visas go to
people from regions which have lower rates of immigration. Visas are
not available to people from countries which have sent more than 50,000
immigrants to the U.S. in the past five years (see the website listed
below for a complete list of ineligible countries).

You must submit your entry electronically between Saturday, November 1,
2003 and Tuesday, December 30, 2003. You can find the entry form at www.dvlottery.state.gov.

For more information, go to http://travel.state.gov/dv2005.html
Here you will find details about requirements for entry and procedures
for submitting an entry.

Procedures for Applying for a Nonimmigrant Visa:

After gaining admission to one of the Claremont Colleges and receiving your I-20 or DS-2019 from your college or sponsor, you will need to apply for a Visa in order to enter the United States.

Where to apply for a nonimmigrant visa:

Nonimmigrant visas must generally be applied for at a U.S. consular office abroad. Visit http://www.travel.state.gov/links.html and http://usembassy.state.gov/ for more inofrmation of U.S. embassies and consulates

Applying from the country of home residence:

Department of State regulations first direct any alien to apply for a visa "at a consular office having jurisdiction over the alien's place of residence."

Every consulate has the right to set their own procedures, and they can vary greatly in terms of hours of operation, documents required, waiting periods, etc. If the visa issuing post has a Web site, it is a good idea to visit it prior to submitting a visa application, as local procedures do not only differ, but can frequently change.

---

The following is from the Web site of the Department of State, which is reponosible for the issue of student visas. http://travel.state.gov/foreign_student_visas_handout.html

What is Needed to Apply for a Student Visa at the United States Consulate:

All applicants for a student visa must provide:

• A SEVIS Form I-20 from a U.S. college, school or university, or a DS-2019 from your sponsor
• An application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. Blank forms are available without charge at all U.S. consular offices and on the Visa Services Web site under Visa Application Forms.
• A passport valid for at least six months after your proposed date of entry into the United States
• One (1) 2x2 photograph. See the required photo format explained in nonimmigrant photograph requirements.
• A receipt for visa processing fee. A receipt showing payment of the visa application fee for each applicant, including each child listed in a parent's passport who is also applying for a U.S. visa, is needed.

All applicants should be prepared to provide:

• Transcripts and diplomas from previous institutions attended.
• Scores from standardized tests required by the educational institution such as the TOEFL, SAT, GRE, GMAT, etc.
• Financial evidence that shows you or your parents who are sponsoring you have sufficient funds to cover your tuition and living expenses during the period of your intended study. For example, if you or your sponsor is a salaried employee, please bring income tax documents and original bank books and/or statements. If you or your sponsor own a business, please bring business registration, licenses, etc., and tax documents, as well as original bank books and/or statements.

---

The Bureau of Citizenship and Immigration Services Reminds Certain Temporary Foreign Visitors of Registration Requirement (from the BCIS homepage), http://www.immigration.gov

This registration is part of the second phase of the National Security Entry-Exit Registration System (NSEERS) being implemented by the INS to fulfill a Congressional mandate to implement a comprehensive entry-exit program by 2005.

Under this program, temporary foreign visitors (non-immigrant aliens) coming from certain countries or who meet a combination of intelligence-based criteria are identified as presenting elevated national security concerns. As a result, they are required to be registered under NSEERS, providing detailed information about their background and the purpose of their visit to the United States. Such individuals are also required to verify periodically their location and activities, as well as to confirm their departure from the United States.

Some useful websites for information on immigration issues:

Bureau of Citizenship and Immigration Services: http://www.immigration.gov
Association of International Educators (NAFSA): www.nafsa.org
U.S. Department of State: www.state.gov
San Diego State University: www.sdsu.edu/isc/crisis.htm

Or contact the international student advisor at your college:

Jill Arnold, Claremont Graduate University, 607-3371
Charlene Martin, Claremont McKenna College, 607-7868
Karen McAndrew, Harvey Mudd College, 621-8091
Leslie Rusch, The Keck Graduate Institute of Applied Life Sciences, 607-8590
Michael Ballagh, Pitzer College, 621-8308
Patricia Guenther-Gleason, Pomona College, 607-3202
Carol Entler, Scripps College, 607-2981
Scott Gillis, Claremont School of Theology, 626-3521 Extension - 228

CAN INTERNATIONAL STUDENTS WORK? 

STUDENTS ON F-1 Visas  -- (Most international students) 

1. On-campus Employment:  Students may engage in some types of on-campus and work/study employment and may do so without explicit authorization from the INS.  Likewise, on-campus employment that is a part of a fellowship, scholarship, or assistantship grant or post-doctoral research for which the student is paid by the school are appropriate without INS authorization. 

The student may work no more that 20 hours/week, must be pursuing a full-course of study and be a student in good standing.  He/she can work full-time during vacation periods or during recess as long as the student is registered for the next term. 

INS recently expanded the definition of on-campus employment to include off-campus locations that are educationally affiliated with the established curriculum and contract-based educational affiliations.(More relevant to graduate students.) 

2.  Curricular Practical Training:  A student may engage in off-campus employment that is required by a work/study or cooperative education program in which the student is enrolled, and may do so without obtaining explicit INS authorization.  Curricular Practical Training includes the following situations: 

 The student is required to take an academic course with concurrent work/experience or work which follows the course. 

The student is given course credit for the employment--even when the course is an elective in the students’ program. 

The student is not given credit for the employment but the internship or practicum is a mandatory requirement for graduation. 

For this type of employment the designated school official at the student’s college must endorse the student’s I-20 ID copy with employment authorization and send another form to the INS data processing center for notification purposes. 

Warning:  Students who receive one year or more of full-time curricular practical training are ineligible for optional practical training.  Undergraduate students must have been in full time student status for 9 months prior to engaging in curricular practical training. 

3. Authorization to work because of Unforeseen Economic Necessity: 

There is an INS procedure for students to obtain permission to work off- campus if they meet some difficult eligibility requirements.  They must show “severe economic hardship caused by unforeseen circumstances beyond the student’s control”. The student must have completed one full academic year and be in good academic standing, obtain a recommendation from the designated school official in favor of work authorization, and prepare an elaborate application form and documentation to support the claim -- (hopefully with some help!)  This kind of work authorization is very hard to obtain from the INS because in order to obtain the original visa, the student had to prove that he/she had the  financial resources to accomplish the purpose of the visa. 

4. Optional Practical Training: 

International students are eligible to undertake work for a total of 12 months .  This is referred to as “optional practical training,” and serves the purpose of enriching the student’s educational program.  The work must be related to the student’s major field of study and commensurate with his or her level of education. 

Pre-graduation practical training is permissible during the student’s annual vacation or at other times when school is not in session or during the school year, provided the employment does not exceed twenty hours per week while school is in session. 

Post-completion practical training is permissible when the student is in a bachelor’s, master’s, or doctoral program and has completed all course requirements for the degree. 

The student must have an Employment Authorization Document from the Immigration and Naturalization Service before beginning employment. 

This process begins with the student requesting that the designated school official at his or her  college certify that training is appropriate for the student and applying for  the employment authorization with a combination of required forms and fee.  Forms and information are available from each designated school official and from International Place. 

The process must begin in a timely manner in order to be successful.  As the EAD document takes 60 to 90 days to be processed by INS and the student cannot begin work without one.  For post-graduation work, the expiration date will be no later than 14 months after the completion of studies -- regardless of when the employment begins. 

STUDENTS ON J-1 VISAS:  Some students and scholars on this visa will be eligible for 18 months of “Academic Training.” However,  the regulations concerning work are more variable.  The student should consult with the DSO at his/her college and with the J-1 Responsible Officer of the sponsoring organization.