From: xiong@bsu-cs.bsu.edu (Bo Xiong)
Subject: [Visa] Several U.S. INS Announcements on F-1/M-1/I-94/H-1
Organization: Indiana University
Date: Thu, 15 Oct 1992 04:14:38 GMT

The following is carried in October 15's CND-US:

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3. INS Issues Cable on F-1 and M-1 Students Affected by Hurricane 
   Andrew; INS Response on 2-Month I-94 for 2-Year H-1 Visa ............. 58
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From: Amy Yenkin, NAFSA Central Office. Forwarded by Bo Xiong
Source: NAFSA Communication Network, Oct. 14, 1992

In response to Hurricane Andrew, INS recently issued a cable for
nonimmigrant students (both F-1 and M-1) in areas damaged by the hurricane
or those whose funds come from those areas.  INS has requested the
following:

1) Student schools officers should make the following adjustments to the
regulations for on and off-campus employment for students affected by the
hurricane: A) the requirement that students must have been in F-1 status
for one full academic year prior to requesting off-campus employment may be
waived; and B) the limitation of twenty hours of work per week while school
is in session may be waived for both on and off-campus employment.

2) Hurricane Andrew constitutes unforeseen circumstances applicable to
severe economic hardship requests.

3) DSOs may leniently recommend that an F-1 or M-1 student take less than a
full course of study for the current year beginning with the fall term.
Such students will remain in status.

4) Where possible, INS should expeditiously issue employment authorization
documents to students referred to in this wire.

5) A student who is admitted to begin or continue study at an approved
school and who for reasons related to the hurricane is unable to enroll for
the fall term or semester shall be recognized as in status and permitted to
enroll for the next regular term or semester without seeking reinstatement.

6) Service officers should exercise due leniency when examining
documentation or other evidence in support of student applications.

NAFSA would like to thank Judith Green of Florida International University
and Susan D'Amico of Florida Atlantic for their hard work in encouraging
INS to take the above steps and for helping to draft the language in the
cable.
                             ___  ___  ___

We had obtained an H-1 petition approval for two years for a new employee
who was living in Canada though not a Canadian citizen.  When he and his
wife applied for visas in Halifax, they were given a visa valid for two
months only. Then, when they entered the U.S., they were both given I-94's
for two months only.  I assumed that this was a mistake, thinking they
should have been given H-1 status for the full two years.  My first
reaction was to apply for an H-1 extension with an I-129, but was hoping to
save this poor couple the $190 fee.

I decided to call and get the INS opinion. I called the Northern Service
Center which had approved the original petition.

The person at the NSC told me, much to my amazement, that the I-94
expiration date was NOT an error!  I-94's are supposed to be issued, he
said, for the period of the VISA, not the petition approval! It was the
Consulate which had made a mistake in issuing the visa for only two months.
(It turns out that the Consulate had questioned the validity of the
petition approval.)  He, also, gave me several pieces of advice (all
conflicting), but then decided to check with his supervisor and call me
back.  The final verdict: File the I-129 as an H-1 extension, with fee.  If
we don't do this, our employee and wife will be out of status when their
I-94's expire.

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