2011/12 - Bechtel International Center - Stanford University

Student-related reforms include:
1. Expanding eligibility for 17-month extension of
optional practical training (OPT) for F-1 international
students to include students with a prior degree in
Science, Technology, Engineering and Mathematics
(STEM).
2. Allowing for additional part-time study for
spouses of F-1 students.
3. Expanding the number of Designated School
Officials (DSOs) at schools certified by DHS to enroll
international students.
Employment based reforms include:
1. Providing work authorization for spouses of
certain H-1B holders.
2. Harmonizing rules to allow E-3 visa holders from
Australia and H-1B1 visa holders from Singapore and
Chile to continue working with their current employer
for up to 240 days while their petitions for extension of
status are pending.
3. Allowing outstanding professors and
researchers to present a broader scope of evidence of
academic achievement.
EMPLOYMENT- BASED CATEGORIES
FY 2012 H-1B Cap
The fiscal year 2012 H-1B Cap was reached on
November 23, 2011, and the fiscal year 2013 H-1B
filing season opened on April 2, 2012. Petitions filed
for beneficiaries employed at institutions of higher
education, non-profit research institutions and
government research organizations remain exempt
under the cap. Other petitions that remain exempt
under the cap include the first 20,000 petitions filed for
a beneficiary who has a US master’s degree or higher.
Permanent Residence
Change in PERM Policies
Following the decision of the Board of Alien Labor
Certification Appeals (BALCA) that unlike the standard
PERM filing advertising provisions that specify a
print ad requirement, the Special Handling rules do
not prohibit advertising in an online or electronic
national professional journal, the Office of Foreign
Labor Certification (OFLC) reversed its prior policy that
disallowed ads in electronic or online journals to satisfy
the national journal ad requirement in Special Handling
PERM cases.
16 Bechtel International Center Annual Report 2011/12
VISAS, USCIS FORMS AND FEE CHANGES
Visa Interview Program
In January 2012, the Departments of State and Homeland
Security began a two-year visa interview waiver pilot
program (concluding on January 19, 2014). This program,
which is being piloted only at certain consular posts,
permits consular offices for certain nonimmigrant
categories to waive interviews for qualified applicants who
are renewing their visas within 48 months of the expiration
of the previous visa, and within the same classification as
the previous visa. The interview waiver pilots are being run
in India, China, Brazil, Norway, Mexico and Russia. Others
may be added.
Visa Sanctions affecting Iranian Citizens
On August 10, 2012, President Obama signed into law the
Iran Sanctions, Accountability, and Human Rights Act of
2012_ [Pub.L. 112-158].
Section 501 of that law provides:
(a) The Secretary of State shall deny a visa to, and the
Secretary of Homeland Security shall exclude from the
United States, any alien who is a citizen of Iran that the
Secretary of State determines seeks to enter the United
States to participate in coursework at an institution of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)) to prepare the
alien for a career in the energy sector of Iran or in nuclear
science or nuclear engineering or a related field in Iran.
This provision became effective with respect to visa
applications filed on or after August 10, 2012.
USCIS ELIS electronic immigration system
In May 2012, U.S. Citizenship and Immigration Services
(USCIS) launched the first phase of its electronic
immigration benefits system, known as USCIS ELIS with
Form I-539. The system was created to modernize the
process for filing and adjudicating immigration benefits.
Users can create accounts to use the ELIS I-539 (on a
voluntary basis, as paper filing will continue to be available)
to request the following benefits:
•
•
•
An extension of status as a: B-1, B-2, M-1 or M-2
A change of status to: B-1, B-2, F-1, F-2, J-1, J-2, M-1 or
M-2
A reinstatement of status to F-1, F-2, M-1 or M-2
H-1B Related Site Visits by US Dept of Homeland Security
Inspectors
This year, many universities around the country received
H-1B related site visits by US Department of State
Inspectors. Stanford University also had a number of
such visits. On at least four occasions, the inspectors
came directly to the I-Center to review H-1B files before