iEmployment Newsletter: Your Employment News & Updates from ISPO!

Winter 2021 | Weekly updates for International Students @ UC San Diego

Immigration Updates & Reminders

Social Security Office Updates

In response to the challenge of the COVID-19 pandemic, starting March 17, 2020, all local Social Security Administration (SSA) offices were closed to the public for in-person servicing (as stated in their Closings and Emergencies Statement). Certain SSA branches have been available for limited emergency appointments, including in-person appointments for F-1 and J-1 students requiring in-person visits for social security applications.

On January 18, 2021, the local San Diego SSA released a notice to school representatives regarding changes in SSA Jurisdiction for Social Security Card Services. Depending on your current zip code, you will be directed to one of the following offices below. Please visit Social Security Administration website for more information. Contact the appropriate SSA office per your zip code below by phone to schedule an in-person Social Security appointment.

The San Diego Card Center (109 West Ash Street) has been merged with the San Diego Social Security Administration (1333 Front Street). Also, the Card Center phone number (855-400-5613) will no longer be in service. Requestors using mailing address in the following ZIP codes should be referred to contact us at (855) 820-0097 to schedule a visit:

92092; 92093; 92101; 92102; 92103; 92104; 92105; 92106; 92107; 92109; 92110; 92112; 92113; 92116; 92118

The Kearny Mesa Office (8505 Aero Drive San Diego, CA 92123) will now be handling SSN card requests for the following ZIP codes and can be reached at (866) 331-6397:

92037; 92038; 92039; 92108; 92111; 92117; 92121; 92122; 92123; 92124; 92126; 92131; 92142; 92145; 92168; 92177; 92193; 92196; 92197

Filing U.S. Tax Forms for 2020

The 2020 tax season has arrived; here is some important information for those who were international students in 2020:

If you are a J-1 Exchange Visitor or F-1 student and are a nonresident alien for federal tax purposes, then you must at least complete the Federal Form 8843.
If you also have any U.S. source income from 1/1/2020 through 12/31/2020, then you must also complete a Federal Tax Return (Form 1040NR or 1040NR EZ).
NB! Anyone with income from this time period, regardless of source (U.S. or foreign), may be required to file a state tax return if your income is above a certain threshold.

WARNING: DO NOT USE TURBO TAX OR SIMILAR SOFTWARE TO COMPLETE YOUR TAX RETURN IF YOU ARE A NONRESIDENT ALIEN FOR FEDERAL TAX PURPOSES for 2020!

If you are a Resident Alien for federal tax purposes, then you must complete the standard Form 1040 as any U.S. citizen would (and may use any electronic tax filing software). The tax return filing deadline is traditionally April 15, 2021.
UC San Diego switched financial systems mid-year in 2020 and thus persons with payments from UC San Diego and expecting tax forms will be receiving two W-2s and/or 2 to 6 1042-S forms, reflecting payments in the two different financial systems.
The university has purchased a license for Glacier Tax Prep (GTP) to help student and scholar nonresident aliens for federal tax purposes complete their federal tax returns; access to GTP will become available by March 15, 2021 and those with payments from UC San Diego in 2020 and an active Glacier record by the end of 2020 will receive an automated email with instructions for accessing GTP when it becomes available.

Need More Help? Check Out These Resources:

Final Rule that Changes H-1B Selection Process and Final Rule on Prevailing Wage

On January 08, 2021 the U.S. Dept. of Homeland Security (DHS) published the final rule "Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions" that changes the process by which cap-subject H-1B petitions are selected from a completely random one to one based on salary levels--selecting first those petitions with the highest wage levels (level IV) and then moving progressively lower (level I--entry level positions). Each year DHS accepts a total of 85,000 cap-subject H-1B petitions for processing. DHS analysis of this modified process applied to the past two years' submissions indicates that no level I petitions would have been selected for processing. The new rule goes into effect in 60 days, and therefore will not affect this current year's H-1B lottery. Academic institutions are not subject to the H-1B cap and thus are not impacted by this rule; private industry employers will be impacted, particularly those without the means to sponsor H-1B employees at higher wage levels. In addition, The U.S. Department of Labor announced a Final Rule to update the wage methodology it uses to set prevailing wage rates for the Permanent Employment Certification, H-1B, H-1B1 and E-3 Visa worker programs. Read the Department of Labor's News Release for more information.

New SEVP Unit to Oversee Employment Compliance in the OPT Programs and Report on Impact on U.S. Workers

On January 13, 2021 the Student and Exchange Visitor Program announced the development of a new unit called the OPT Employment Compliance Unit to ensure that the OPT programs operate in a manner that does not harm U.S. workers or foreign student employees, consistent with regulatory and statutory law. This new unit will be dedicated full time to compliance matters involving wage, hours, and compenstation within OPT, the OPT extension, and Curricular Practical Training (CPT). The OPT Employment Compliance Unit will publish a public-facing report at least annual on its findings, which will include detailed information on duties, hours, and compensation of OPT workers in a standard formatting that will allow comparisons against Department of Labor (DOL) data. The first report will be published on ICE.gov by July 31, 2021.i

As ISPO receives more information, we will post to our website. If you have any concerns, email iemployment@ucsd.edu.

Legal Decision Supporting OPT/STEM OPT Program

On November 30, 2020, the Washington D.C. federal court hearing the Washtech v. Department of Homeland Security (DHS) case ended, at least for now, the challenge against Optional Practical Training (OPT). While this judgment cannot be considered final, it is another good legal decision in support of the OPT program. Refer to this Forbes story for more context.

Your OPT/STEM OPT Application

OPT Receipt Notice Delays (Form I-765)

If you included a G-1145 with your I-765 application to USCIS, and do not receive the text message or email within a few days of USCIS receiving your application, it is most likely due to delays by USCIS. However, some questions to ask yourself to ensure your application was submitted correctly, regardless of whether you included a G-1145 or not, are:

FORM: Did you send the most recent I-765 from the USCIS website? Did you sign in within the last 30 days? Was it issued within less than 30 days from when USCIS received your application? If you are applying for the STEM OPT Extension, was it issued within less than 60 days from when USCIS received your application?

PAYMENT: Did you include the correct fee of $410 made payable to U.S. Department of Homeland Security? If so did you confirm if the fee was deposited? Was the check or money order dated in the last 30 days?

ADDRESS: On 1/8/21 USCIS changed the mailing address for I-765 applications. If you sent your application before 1/8, USCIS may transfer your application and you do not need to reapply unless you are concerned about any of the above. Applications postmarked on or after 1/8/21 should be sent to the new address. Did you mail it to the correct USCIS location?

DELIVERY: Did you track the delivery of your application and did you send it to the correct address based on your I-765 mailing address and whether you sent via Fedex/UPS or USPS? See mailing information here. If you sent to the correct address, did you confirm it was delivered?

TIMING OF DELIVERY: If you confirmed it has been delivered, was it received in your OPT Application Window?
For the initial 12 months of OPT, did USCIS receive your application no earlier than 90 days prior to your I-20 end date and no more than 60 days after?
For the STEM OPT Extension, did USCIS receive your application no earlier than 90 days prior to your EAD end date and no later than the EAD expiration date?

If you are concerned about any of the above, email iemployment@ucsd.edu. If you do not receive your receipt notice within 4 weeks of when USCIS received your application, contact USCIS.

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.edu, and 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.

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.