針對受COVID-19影響的學生籤證問題,美國移民局於近日發布了「權威問答」。
圖片來源於網絡
近期從美國回來的學生以及今年計劃赴美的新生不用擔心自己的「身份問題」啦! 下面啟德老師帶您一一進行解讀。
一.移民局同意美國學校DSOs發電子版I-20啦!新生不用等I-20原件,收到電子版的I20就可以預約籤證了。
原文如下:
Can DSOs electronically send signed Forms I-20 to students instead of physically mailing the forms?
A: Yes, due to COVID-19, DSOs may electronically send Forms I-20 to student email addresses listed in SEVIS. In the case of a minor students, the email address may belong to their parent or legal guardian. Schools do not need to request permission from SEVP or report their plans to electronically send Forms I-20 as part of their COVID-19 procedural changes.
二.美國移民局原規定學生不能離開美國超過5個月,否則I20會失效。現在(由於疫情的影響)學生回國參加網課,學生身份保持「Active」(激活狀態),將不受「5個月」的限制。
原文如下:
Many F and M students may choose to travel home and complete the spring term remotely. Since they are still enrolled, do DSOs have to cancel their Forms I-20, 「Certificate of Eligibility for Nonimmigrant Student Status,」 if they are taking classes outside of the United States? If their Student and Exchange Visitor Information System (SEVIS) records remain in Active status, will students be subject to the five-month rule?
A: Under current conditions, if an active F student leaves the United States to complete the spring term online, their SEVIS record should remain in Active status and not be terminated. While the temporary measures related to COVID-19 are in place, students deemed to be maintaining status if they are making normal progress in their course of study. For that reason, the five-month temporary absence provision addressed in 8 C.F.R. 214.2(f)(4) will not apply for students who remain in Active status.
SEVP will allow F and M students to temporarily count online classes toward a full course of study in excess of the limits stated in 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v), even if they have left the United States and are taking the online classes elsewhere. This temporary provision is only in effect due to COVID-19 and only for schools that comply with the requirement to notify SEVP of any procedural changes within 10 business days.
三.對於目前已經在美國的新生需要遵守移民局所規定,向學校報到並更新SEVIS信息。對於還沒有到達美國的學生,移民局建議應該留在自己的國家。
原文如下:
Due to COVID-19, what is the requirement for Initial status students who have already arrived in the United States?
A: Initial students currently in the United States that have reported to their school should be made Active in SEVIS and follow the guidelines the school provides to all its F and M students related to COVID-19. If Initial students have not arrived in the United States, they should remain in their home country.
四.SEVP不鼓勵學校取消新生入學, 但如果因為受疫情影響,學校沒有正常運轉,可以選擇延期入學。
原文如下:
Based on SEVP’s guidance from January 2020 and March 2020, are schools encouraged to cancel admission for new students?
A: SEVP is not encouraging any specific action regarding new students. If a school has accepted F and/or M students but will not maintain standard operations because of COVID-19, deferment is an alternative.
五.今年剛好高中升本科的學生,SEVP Record也不用擔心,認真上網課(無網課的特殊情況,學校需要向SEVP匯報),課程結束後,高中老師操作transfer I-20。
原文如下:
How should DSOs handle records for graduating high school seniors who have returned to their home country to take online classes, but plan to return to start postsecondary studies at a U.S. college or university?
A: If the school is offering online classes and students can access those courses from outside of the United States and continue to make normal progress in their course of study, they may continue in Active status in SEVIS.
If students cannot engage in online study due to insufficient online access or if the school is not offering enough online courses to meet a full course load, students may enroll in less than a full course of study. Schools must provide this information SEVP as part of the required procedural change documents.
Remember, once students are accepted for enrollment at an SEVP-certified college or university, the high school should initiate a transfer in SEVIS.
圖片來源於網絡
六.學校宿舍關閉,學生又繼續留在美國的,需及時向學校更新自己的地址。
原文如下:
Does SEVP have any guidance for students who have been asked to move out of their university housing?
A: If students are required to leave campus, they can continue to study online—if possible—either inside or outside of the United States. If students remain in the United States, DSOs should update their address in SEVIS. If there are no online classes and the closure is temporary, students can find a place to live and return to class when the school opens. For scenarios regarding school procedures and online classes, refer to the COVID-19: Guidance for SEVP Stakeholders.
七.如果學生無法參加下一個學期的課程,只要保持相同的SEVIS記錄,就無需轉移其I-901 SEVIS費用付款。比如春季已獲得籤證但無法如期開學、需要延期到秋季的學生,無需重新繳納SEVIS費用。
原文如下:
Due to COVID-19, if students are unable to enroll in the next session, can they transfer their I-901 SEVIS Fee payment to the next session?
A: As long as students maintain the same SEVIS record, there is no need to transfer their I-901 SEVIS Fee payment. Students who are unable to enroll in the next session may defer their enrollment to the next available session.
Fee transfers are available for F and M students who have already paid the I-901 SEVIS Fee and who:
• Reapply for a visa within 12 months of the date of their initial I-901 SEVIS Fee payment or
• Are from a Visa Waiver Program country and reapply for status as a student at the port of entry within 12 months of the date of their initial I-901 SEVIS Fee payment.
Refer to the I-901 SEVIS Fee Frequently Asked Questions on ICE.gov/SEVP for additional information about reapplying fees.
八.若選修課程並不能提供網課,學生/學校向SEVP登記,可免除「full course」全日制的要求。
原文如下:
Our school has switched to fully online instruction but not all courses will be offered; some courses will be canceled due to inability to deliver via online means. Will students be excused from meeting full course of study requirements if the classes they need are not being offered?
A: Yes, full course of study requirements can be waived as a direct result of the impact from COVID-19. This information should be reported in a school’s procedural change documents submitted to SEVP, as described in Broadcast Message: COVID19 and Potential Procedural Adaptations for F and M Nonimmigrant Students. If this is a material change to previously submitted documents, schools should resubmit those documents as part of their submission to SEVP.
九.學生離開美國後,可參加CPT,但有前提:CPT是學位課程不可或缺的一部分;CPT必須在開始之日前獲得學校DSO批准;CPT僱主單位在美國以外有辦事處或僱主單位能夠通過電子形式評估學生的實習參與和表現。
原文如下:
Can students with proper authorization participate in curricular practical training (CPT) while they are abroad?
A: Students may engage in CPT during their time abroad, provided they are:
• Enrolled in a program of study in which CPT is integral to the program of study;
• Their DSO authorized CPT in advance of the CPT start date; and
• Either the employer has an office outside the United States or the employer can assess student engagement and attainment of learning objectives electronically.
As noted in SEVP’s March 13, 2020, COVID-19: Guidance for SEVP Stakeholders, this enrollment may be online. All other requirements at 8 CFR 214.2(f)(10)(i) still apply
十.對於學生離開美國後,OPT/CPT和SSN狀態是否會改變,OPT申請操作等問題,美國國土安全部在商討中。
圖片來源於網絡
十一.正在辦理轉學,原計劃春季入學的學生,可以推遲到夏季或者秋季入學。學生狀態依舊是「Transfer」。
原文如下:
Can students in transfer status who were supposed to start their program this spring but are unable to enter the United States defer their enrollment to summer or fall? Or, must they apply for an initial Form I-20?
A: Schools may defer attendance and keep the student’s status as 「Transfer」 in SEVIS.
十二.由於疫情離開美國的學生,可再返美繼續學業;學生需要參考美國入境的限制。
原文如下:
Will F and M students be able to return to the United States if they are continuing their studies outside of the country as a result of COVID-19?
A: Students who continue to make normal progress in their course of study remain eligible for admission into the United States. However, because of the changing array of travel restrictions, students should refer to their local embassy’s website through the U.S. Department of State for any updates about visa issuance. Also, DHS and the Center for Disease Control and Prevention’s (CDC) websites provide information about current travel restrictions to the United States.
十三.留在美國的學生,護照快要過期,一定要前往當地中國領事館更新護照。
原文如下:
If students remain in the United States due to COVID-19 and their passport expires, what do they need to do to renew it?
A: Students in this situation should contact their country’s embassy or consulate to identify options for passport extension or renewal. If students decide to depart the United States, they will not be eligible to apply for admission until they renew their passport.
啟德老師附上中國駐美國領事館列出來的申辦護照所需材料連結:http://us.china-embassy.org/chn/lszj/hzlxz/t1234455.htm#2
十四.已回國放春假的學生,一定要和學校DSO確認開學後的上課方式。
原文如下:
What are the instructions for students who have traveled to their home country for spring break and whose classes have now moved online and have a return ticket to the United States in the coming days? Is it advisable that these students should travel at this time or should they remain in their home country? Will their student visa status change if they choose to remain in their home country?
A: SEVP advises students currently outside of the United States and looking to enter the country to check on any travel restrictions their country might have regarding international travel, including restrictions applicable to countries they may travel through. Students should also check with their DSOs to confirm the school’s operational status, or procedures for out-of-country students as some schools may not currently allow new or returning students on campus for an extended period of time.
Regarding options for maintaining student status while outside of the United States, students should check with their DSOs for alternate study arrangements. Additionally, refer to COVID-19: Guidance for SEVP Stakeholders for information about online courses.
十五.已回國上網課且今年要畢業的學生若計劃以後赴美參加畢業典禮,可以在I-20 結束日前入境;或持新的I-20入境;或持其他籤證類型(比如旅遊籤證)入境。
啟德老師建議學生儘早確認入讀新學校,完成I-20 transfer,持新學校I-20入境,入境前需要參考美國疫情期間入境限制。
原文如下:
Our school switched to fully online instruction for the remainder of the spring semester and some students will return to their home countries to complete their programs online. Can DSOs extend students』program end dates so seniors can return to the United States at the end of the school year (e.g., May or June) for graduation ceremonies on their current Forms I-20?
A: DSOs should not extend students』 programs to accommodate graduation ceremonies. Students wishing to return to the United States to attend graduation have the following options:
• Students can return to the United States prior to the program end date on the Form I-20 and attend their graduation during the 60-day grace period.
• Students who intend to continue their study in the United States can return with a pending change of educational level or transfer Form I-20.
• Students can return to the United States on another visa classification (i.e., B-2 visitor visa).
十六.J-1訪問學者COVID-19如何操作,請訪問https://j1visa.state.gov/covid-19/
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