Spring 2021 | Weekly updates for International Students @ UC San Diego
Cap Gap Process and Eligibility
Did your employer file for a change of status to H-1B visa for you? If your H-1B has officially been filed with USCIS, and your OPT or STEM OPT expires after April 1, 2021, you may be eligible for a Cap-Gap Extension, which allows you to continue to work with your employer until September 30, 2021.  
 
For more information see here.   
UPDATE: State Department's Expansion of National Interest Exception Policy: Resources and Guidance
On April 26, 2021 (and in an update on May 13, 2021) the State Department updated its National Interest Exception (NIE) page to expand certain NIE eligibilities to all countries subject to a geographic COVID-19 entry ban. This includes Brazil, China, Iran, Ireland, South Africa, United Kingdom, and the Schengen Area of Europe.  
 
The notice also stated that, "Students with valid F-1 and M-1 visas intending to begin or continue an academic program, including Optional Practical Training (OPT) starting August 1, 2021 or later do not need to contact an embassy or consulate to travel. They may enter the United States no earlier than 30 days before the start of their academic program." 
 
ISPO understands that the guidance provided by the Department of State is confusing, particularly with regard to the August 1 date, and has left much to interpretation. While we offered our interpretation of the guidance in an effort to assist students, we also encouraged students to contact their local consulates for advice on their specific cases to ensure accuracy in advising. However, we know that this has been frustrating as we have learned since that answers have varied at the consular level as well.  
 
Please know that the NIE announcement is being frequently discussed at ISPO, across all 10 UC campuses, and at college and university campuses across the U.S., as it impacts thousands of students trying to come to the U.S. this fall. To that end, NAFSA: Association of International Educators sent a letter on May 5th to Department of State Secretary Antony Blinken to remove references to the August 1 program start date "condition" to the NIE policy in order to permit travel by students on OPT, students now in the U.S. or abroad who are planning to return to the U.S. to resume their program, and students who are planning to begin a program of study earlier this summer. ISPO will keep you apprised of any updates made to this policy as soon a we learn more. 
International Entrepreneur (IE) Program to Remain Open
On May 11, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations. The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States.  
 
“Immigrants in the United States have a long history of entrepreneurship, hard work, and creativity, and their contributions to this nation are incredibly valuable,” said Acting USCIS Director Tracy Renaud. “The International Entrepreneur parole program goes hand-in-hand with our nation’s spirit of welcoming entrepreneurship and USCIS encourages those who are eligible to take advantage of the program.” 
 
For information on eligibility and how to apply for IE, visit the International Entrepreneur Parole page. USCIS will plan information sessions and other outreach activities to ensure international entrepreneurs are aware of this opportunity and how to pursue it. 
Ask Triton: ISPO's Website Enhancements
Questions for ISPO? Visit iStudents.uscd.edu and view the bottom right hard corner for the 'QUESTIONS – ASK TRITON' Icon to find answers to commonly asked questions. The chatbot enhancement allows students to ask about visa questions, UC San Diego Admissions, Registrar and Financial Aid questions in English, and in Spanish 24 hours a day! Try it out next time you have a question for ISPO!  
 
Looking for further assistance? Check out all the additional ways you can access ISPO advising services! 

OPT Reporting Requirements Reminders
STEM OPT Extension Reporting Requirements (Validation Reports)
 

  • For changes to your personal address or phone number, use the SEVP Portal

  • For changes to your employment information, use the Updated I-20/DS-2019 Request at iportal.ucsd.edu, and an ISPO advisor will update your record for you.   

  • To fulfill your validation report requirement that is due every 6 months while on STEM OPT, use the F-1 STEM OPT Reporting Form at iportal.ucsd.eduand an ISPO advisor will validate your record for you. The F-1 STEM OPT Reporting form must be submitted within 10 days of the validation report due date.  

  • If you experience a change in your employment information at the same time that you have a validation report due, then you must submit BOTH the Updated I-20/DS-2019 Request and the F-1 STEM OPT Reporting Form on iPortal.  

  • The U.S. Department of Homeland Security (DHS) has been scrutinizing the F-1 OPT program for fraudulent employers and fraudulent use of the program through a DHS law enforcement operation called, Operation Optical Illusion. Review the types of employment that may be reported for OPT purposes. If you are unpaid or volunteering, review information here for what qualifies as volunteering or unpaid.

Reporting Reminders for Students on Standard 12-Month OPT
 
  • Keep employment, personal address, and phone number up to date at all times using the SEVP Portal. If you experience a change in any of these areas, log into the SEVP Portal to update your information within 10 calendar days of the change. You do not need to report these changes to ISPO, only to the SEVP Portal. If you are unable to report your employment to the SEVP Portal, submit the SEVP Portal Assistance Request at iportal.ucsd.edu.
 
  • If you are unable to add an employer within 10 calendar days of the start date, enter the next day as your employment start date in the SEVP Portal. Then submit the iPortal, “SEVP Portal Assistance Request”. ISPO will then be able to enter your correct employment start date in SEVIS and it will reflect in your SEVP Portal within 48 hours.

  • If you would like your I-20 to reflect your changes, request an updated I-20 from ISPO by submitting the Updated I-20/DS-2019 Request at iportal.ucsd.edu.

  • The U.S. Department of Homeland Security (DHS) has been scrutinizing the F-1 OPT program for fraudulent employers and fraudulent use of the program through a DHS law enforcement operation called, Operation Optical Illusion. Review the types of employment that may be reported for OPT purposes. If you are unpaid or volunteering, review information here for what qualifies as volunteering or unpaid. Contact iemployment@ucsd.edu with any concerns or questions.  
ISPO Office Hours: Virtual Advising

While ISPO's Office (Student Center B) is closed to the public for in-person services. We continue to provide all advising services through virtual Zoom advising! Visit iContact.ucsd.edu for various ways to contact an ISPO Advisor!
WHY AM I RECEIVING THIS NEWSLETTER? All international students studying at UC San Diego are automatically subscribed to the iStudents Newsletter to ensure they receive proper immigration updates from our office. The information sent in this Newsletter is available on ISPO's website, iStudents.ucsd.edu, or may direct students to other external resources. You have the right to unsubscribe from receiving updates from our office at anytime. You can do this by emailing istudents@ucsd.edu . Note, all international students at UC San Diego are responsible for staying up to date with immigration regulations that may affect them. To learn more, visit our website at iStudents.ucsd.edu