Category Archives: Immigration

Effective January 30, 2021, the Proclamation issued by President Biden continues the 14-day U.S. entry restrictions on individuals who were recently present in certain countries.

U.S. Citizenship and Immigration Services (USCIS) has been very delayed in processing and sending receipts for OPT and STEM OPT applications. As a result of advocacy on the part of students, school officials and partner organizations, together with court litigation, on February 26, 2021, USCIS announcedflexibilities for students impacted by these receipt delays.

Please note that these flexibilities apply only to applications received on or after October 1, 2020, through May 1, 2021. In summary, for eligible applicants, USCIS will offer the following flexibilities:

  • Retain the original filing date of a rejected filing if an applicant refiles his or her rejected application.
  • Allow the 14-month period during which the 12 months of standard post-completion OPT must be completed, to start following the approval of the EAD, rather than the program end date. If you receive an approval with less than the full 12 month amount of OPT time requested, you can request a correctionof the EAD due to USCIS error. USCIS will issue a corrected EAD with a new end date to cover the full amount of OPT time recommended in the original application.

Although lockboxes will continue to reject OPT applications with a missing or deficient signature, if such an application is accepted by the lockbox and makes its way to a USCIS adjudicator, USCIS will issue an RFE for the proper signature instead of denying the application.

Free Access to Sprintax Tax Preparation!

Dear International Students,

It’s important to be aware that, as a non-resident student in the US, you’re legally required to file a tax return if you received US income during 2020.  And even if you didn’t work or receive income in the US, you’re still obliged to file a Form 8843 with the IRS.

San Jose State University has arranged free access to Sprintax Tax Preparation for you! Sprintax will guide you through the tax preparation process, arrange the necessary documents and check if you’re due a tax refund.

Sprintax was used by over 324,116 international students and scholars last year, and the average Federal refund received by eligible students was over $1,126.

All you need to do is:

1. Register and follow the simple instructions
2. Complete the online questionnaire
3. Enter your unique code: SpR20SJSU601F in the box on the ‘Review your order’ page
4. Sprintax will prepare your tax return

Finally, once you complete the preparation process in the Sprintax software, you must print, sign and mail your documents to the IRS.

If you have any questions, the Sprintax team will be happy to help via their 24/7 live chat facility. You can also join a Sprintax webinar for SJSU students on March 3, 2021 from 1:00-2:00 pm (PT).

Sincerely,

ISSS

USCIS Receipt Notice Delays

USCIS recently announced that it will take approximately 6 to 8 weeks for applicants to receive a filing receipt for their I-765 OPT Applications. This delay began in November 2020, which subsequently affected thousands of international students who have since applied for Post-Completion OPT or STEM-Extension OPT. 

You are asked to please be patient while USCIS continues to clear its substantial backlog.  After 60 days, you may contact USCIS for assistance if you still have not received a filing receipt (I-797). The OPT Application Form I-765 is your personal application for employment and only you can speak with a USCIS Representative regarding any topics pertaining to your I-765.  For more information about the USCIS receipt notice delay, please go here: https://www.uscis.gov/news/alerts/uscis-lockbox-updates.

For specific information as to how the receipt notification delays may affect the automatic 180-day extensions for requested STEM-Extension OPT (I-765) applications, please schedule an appointment with an International Student Advisor. 

 

Sincerely,

ISSS Staff

ISSS Immigration Reminders for the Spring 2021 Term

Welcome to the spring 2021 academic semester at SJSU! We wanted to share immigration information with you as we start the spring semester.

If you are currently in the US studying at SJSU, please keep in mind the following:

Advising Appointments: Have questions regarding your F-1 status? Then please schedule an appointment to meet with an ISSS Advisor. 

Academic Advisor vs. International Student Advisor: Please remember that ISSS Advisors cannot advise on course enrollment queries or department-specific eligibility requirements for certain courses. An Academic/Major Advisor should be able to address these questions. However, International Student Advisors can discuss the specific rules that pertain to F-1 students’ immigration status in terms of full-time course enrollment, online vs. in-person vs. hybrid courses, and concurrent enrollment/RCL possibilities.

Employment: You are eligible to work on-campus for SJSU in F-1 status without ISSS authorization. Make plans to attend the F-1 Employment Options Workshop on February 3rd to learn more about employment options for F-1 students (on-campus, CPT, OPT). ISSS Webpage for Calendar

Completing your program at the end of Spring 2021: Review the OPT tutorial and make plans to attend a Spring 2021 Post OPT workshop. F-1 Employment Workshops

COVID-19 Frequently Asked Questions (FAQ) for International Students:

*FAQs for Continuing Students

*FAQs for New/Initial Students (Spring 2021)

First Semester at SJSU: If you are in the US, then complete the required immigration document upload. Information regarding this should have been emailed to your SJSU email address.

Full-time enrollment: You are required to be enrolled full-time: 12 credits for undergraduate students and 9 credits for graduate students. The last day to add a class is February 15th.

I-94 Record: Did you travel outside the US recently? Check your I-94 to see if your record shows your most recent entrance into the US, as well as the correct visa class (F-1) and an admit until date of “D/S,” (Duration of Status). If there are any issues, email ISSS at international-office@sjsu.edu

Know your I-20 end date: We recommend that you schedule an appointment with an International Student Advisor approximately 1 or 2 semesters before you plan on completing your degree to discuss options after graduation.

Travel Signatures: This can be found on page 2 of your I-20. Travel endorsements are valid for one calendar year. Starting February 15th, we will start to accept travel signature requests. Please submit the Travel Signature Request form.

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Students Who Have Graduated from SJSU and are now on post-completion OPT: 

*Know your reporting requirements and update your SEVP portal within 10 days of any changes in physical address, and/or employment.

*Travel signatures are valid for 6 months. Please submit the Travel Signature Request form.

*****

Students Who Have Graduated from SJSU and are now on STEM OPT: 

*Know your reporting requirements of updating ISSS via the Employment Update Report within 10 days of a change in physical address, and/or employment, in addition to the required 6-month validation reports. 

*Travel signatures are valid for 6 months. Please submit the Travel Signature Request form.

President Biden revokes the “Muslim and African travel bans” (travel ban 4.0 and 3.0) and initiates other executive orders on the first day of his Presidency, January 20, 2021

Read the proclamation here. The countries include Brazil, China, Iran, Ireland, Schengen area, United Kingdom and now South Africa has been added to the list.