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Everything You Need To Know About TPS Travel Authorization and How To Apply for It

Temporary Protected Status (TPS) is a temporary immigration status granted to people in the U.S. who come from certain countries they can’t return to. If you have TPS or have applied for TPS and you want to travel outside of the United States, you need to apply for travel authorization. Getting travel authorization allows you to return to the U.S. after leaving without having your immigration status revoked. Applying for travel authorization can take up to five months, so it’s important to plan ahead.

Written by ImmigrationHelp Team .  Updated August 15, 2022

What Is TPS? 

Temporary Protected Status (TPS) is a temporary immigration designation. It allows individuals to work and live in the United States regardless of their immigration status. But this special status only applies when it would be unsafe for them to return to their home country. With TPS, a person doesn’t have to worry about getting detained or deported even if they overstay an immigrant visa or are an undocumented immigrant. 

Only those who have come from countries that qualify for TPS are eligible to receive it. There are currently 15 designated countries that have Temporary Protected Status, including:

Afghanistan

Burma (Myanmar)

El Salvador

South Sudan

This list of Temporary Protected Status countries is subject to change. To confirm the current countries on the list, visit the U.S. Citizenship and Immigration Services’ (USCIS) Temporary Protected Status website .

How Does a Country Receive Protected Status? 

The Secretary of the Department of Homeland Security (DHS) can designate a country for TPS if certain temporary conditions make it difficult and/or dangerous for individuals from that country to return. These conditions include:

An ongoing armed conflict, like civil war; 

A natural disaster, such as a disease outbreak or earthquake; or

Another type of temporary and extraordinary condition that makes it dangerous for someone to return home.

In addition to staying in the United States without risk of removal, beneficiaries of TPS are also eligible to apply for work authorization , like receiving a work permit or Employment Authorization Document (EAD).

As beneficial as TPS is, it has a few limitations. Unlike those who receive asylum status , TPS recipients don’t have a pathway to lawful permanent residency with an adjustment of status.

Also, if you have TPS, you can’t automatically return to the United States if you leave. You can travel to and from the United States, but you first need to apply for travel authorization. This is called Advance Parole.

What Is Advance Parole? 

Despite its name, Advance Parole has nothing to do with the criminal justice system. Rather, it’s a type of travel authorization that allows certain immigrants to return to the United States after traveling abroad. Without Advance Parole, immigrants who leave the United States while their immigration application or status is still pending may:

Have their immigration status revoked

Have any pending applications denied

Be barred from re-entry to the United States

Generally speaking, if someone is eligible for TPS, they’re also eligible for Advance Parole or a TPS travel authorization document. This means if you apply for TPS, you can apply for Advance Parole at the same time. In other words, you don’t have to wait until your TPS application is approved before applying for Advance Parole.

How Can Someone With TPS Apply for Travel Authorization? 

You can get permission to travel through either Advance Parole or TPS travel authorization. Either method requires you to complete Form I-131 . It costs $575 to file this form, and the USCIS normally takes about three months to process it.

Applicants most often submit Form I-131 to the USCIS by mail. The address you mail your completed form to depends on who you are and what other immigration relief or benefits you’re requesting. 

For example, if you’re filing Form I-131 along with Form I-821 (the form you use to apply for TPS), you’ll send your Form I-131 to the address assigned to your country. If your Form I-821 has already been approved or you’re requesting Advance Parole with Form I-821 that’s pending approval, then you’ll send your Form I-131 to one of two addresses. If using the U.S. Postal Service (USPS), you’ll send it to:

Attn: I-131 TPS

P.O. Box 660167

Dallas, TX 75266-0867

If you want to send Form I-131 via UPS, DHL, or FedEx, then you’ll use this address instead:

2501 S. State Hwy. 121 Business

Lewisville, TX 75067

When completing Form I-131, you don’t need to give a reason for your request if you’re already on TPS and applying for Advance Parole. However, you do need to give a reason if you have a different immigration status, such as DACA or a green card.

How To Get Updates on the Status of Your Travel Authorization Request

If you want to receive progress updates via email or text notifications, you can submit Form G-1145 along with your I-131 application. The USCIS will send you an e-Notification within one day of accepting your application. This e-Notification also has a receipt number that you can use to get further application status updates as it’s processed.

Tips for Filling Out Form 1-131

To ensure the proper and efficient processing of your Form I-131 application, there are several tips to keep in mind. One of the biggest is to make sure you sign all the necessary places. 

Another important tip is to complete the form on a computer, if at all possible. This ensures you’re using the correct version of the form and allows you to easily correct any mistakes before printing out your completed form and mailing it off.

If you make a mistake on a paper form, you’ll have to start all over. This is because USCIS’s electronic scanners can’t process forms containing portions covered up with correction tape or fluid. The USCIS has a form filing tips page with more advice on completing its forms.

What Limitations Are There for Someone With TPS Traveling on Advance Parole?

If you have TPS or are applying for TPS, you shouldn’t travel outside the United States unless you first receive travel authorization. If you don’t have travel authorization, you may be unable to reenter the U.S.

In certain situations, it could take more than a year to approve your travel authorization. So the moment you know you’ll need to go overseas or think there’s a chance you may have to, it’s best to begin the travel authorization application process. If you want to have a rough idea of how long the USCIS might take to process your Form I-131, you can use the USCIS’s processing times online tool .

Another limitation is the length of time you can be outside the United States. The exact length of time can vary, but in most cases, the maximum amount of time you can expect to stay out of the United States and still return is one year. You may be able to extend this time by applying for a second Advance Parole while traveling with an approved Advance Parole that’s still valid. Just make sure you return to the United States before your designated period of Advance Parole expires.

Finally, if your TPS application is pending and you leave the country, you may miss important notifications about your application. It might also be difficult to schedule appointments like a biometrics appointment .

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How do I expedite my work and travel authorization?

Obtaining work and travel authorization often involves a time-consuming process, with standard processing times spanning 6 to 12 months. However, if you find yourself in a qualifying situation, you might qualify to have your case expedited.

Timing your Extension Request for Work or Travel Authorization:

One effective strategy involves timing your extension request appropriately. USCIS allows extensions to be filed up to 6 months before expiration. Work authorization often receives an automatic 180-day extension pending a USCIS decision, providing a crucial buffer during the waiting period.

Situations Eligible for USCIS Expedited Processing:

Expedited processing is a valuable option under specific circumstances. USCIS considers requests for expedited processing in cases involving severe financial loss, emergencies, urgent humanitarian reasons, nonprofit organization requests aligned with US cultural and social interests, those in the US government’s interest, and clear USCIS errors. Identifying the eligibility criteria for expedited processing is crucial for applicants facing time-sensitive situations.

How to Request USCIS Expedited Processing:

Once you receive a receipt notice, expedited processing can be requested through the USCIS Contact Center. Your receipt number is pivotal in this process, as it is used to forward your service request to the relevant USCIS office. While expedited processing doesn’t guarantee approval or denial of the underlying benefit request, it prioritizes the request for a faster resolution.

Timeline for an Expedited Request:

After submitting a service request, the reviewing office may request additional documentation. It’s essential to note that expedited request approval doesn’t guarantee immediate document issuance; there might still be a waiting period of a few weeks.

Understanding the Biometrics Requirement:

An often overlooked aspect of USCIS processing is the biometrics (fingerprinting) requirement. For an expedited request to be considered, biometrics must be completed or waived due to a prior application. Due to this prerequisite, first-time applicants may face added complexities in the expedited processing timeline.

Understanding these nuances empowers applicants to navigate the USCIS process more effectively, enabling expedited work and travel authorization processing. By employing these strategic approaches, individuals can better manage their USCIS journey, addressing potential hardships caused by processing delays.

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DHS/CBP/PIA-073 Advance Travel Authorization (ATA)

The U.S. Department of Homeland Security (DHS) is developing a new, voluntary Advance Travel Authorization (ATA) process to collect information from eligible noncitizens requesting advance authorization to travel to the United States to seek a discretionary grant of parole. U.S. Customs and Border Protection (CBP) is publishing this new Privacy Impact Assessment (PIA) to provide notice and assess the privacy risks associated with ATA. ATA launched October 12, 2022, to implement a parole process for certain undocumented noncitizens from select countries and their qualifying immediate family members, under which those individuals may request advance authorization to travel to the United States to seek a discretionary grant of parole. This Privacy Impact Assessment discusses the general workflow of ATA and the information collected, stored, and used at each step. CBP’s ATA collection is conducted through the CBP One™ mobile application, and CBP is publishing a CBP One™ Privacy Impact Assessment appendix update concurrently with this ATA Privacy Impact Assessment. Appendices regarding the Ad Hoc ATA Process and the Uniting for Ukraine (U4U) Process were recently updated and expanded. February 2024

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International travel documents for children

See what documents a child needs to travel to or from the U.S. alone or with a parent or relative.

Children traveling to the U.S.

All children, including infants, must have their own travel documents such as a passport or document from a Trusted Traveler Program to enter the U.S. If you travel or are going to travel with a child, consider taking the following documents:

• If the child is traveling with only one of their custodial parents, they must have a letter of consent, preferably in English and notarized, from the other parent or signed by both parents. The letter should say "I acknowledge that my son/daughter is traveling outside the country with [the name of the adult] with my permission."
• If one parent has sole custody of the child, a copy of the custody document can take the place of the other parent's letter.
• Parents who frequently cross the border by land with a minor must always carry a letter of permission from the other parent.

U.S. citizen children traveling abroad

Ports of entry in many countries have security measures to prevent international child abduction . If you are traveling alone with your child, you may be required to present documentation proving you are the parent or legal guardian. You may also need a letter of permission from the other parent for your child to travel. 

If your child travels alone, depending on the country, they may be required to present a notarized letter from both parents or their legal guardian. If a minor is traveling abroad and is not accompanied by both parents or a legal guardian, contact the embassy or consulate of the country you will be visiting and ask about entry and exit requirements for that country.

LAST UPDATED: December 6, 2023

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Arrival/Departure Forms: I-94 and I-94W

Foreign visitors to the U.S. no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record . Those who need to prove their legal-visitor status—to employers, schools/universities or government agencies—can access their CBP arrival/departure record information online. CBP now gathers travelers’ arrival/departure information automatically from their electronic travel records.

Now at the land border, travelers will be issued I-94s electronically and will no longer receive a paper I-94 stub. CBP encourages travelers requiring an I-94 to use the CBP One™ mobile app or the CBP I-94 website to apply for their I-94. For Visa Waiver Program (VWP) travelers, an approved Electronic System for Travel Authorization (ESTA) is now required for entry and must be obtained prior to arriving at the U.S. land border. VWP travelers are encouraged to use the I-94 website or CBP One™ mobile app to apply for an I-94 in advance.

If a traveler would like a paper Form I-94, the traveler can print their own I-94 Form from the I-94 website using "Get Most Recent I-94" or by using the same option on the CBP One™ mobile application. A paper form can be requested during the inspection process but all such requests will be accommodated in a secondary setting.

If travelers need the information from their Form I-94 admission record to verify immigration status or employment authorization, they are encouraged to get their I-94 Number from the I-94 website or by using the CBP One™ mobile app. Upon exiting the U.S., travelers issued a paper Form I-94 should surrender it to the commercial carrier, Canadian Border Services Agency (CBSA), or to CBP upon departure. If you received an electronic I-94 upon arrival by air or sea or land and depart via land, your departure may not be recorded accurately. A departure will be recorded if you depart via land and re-enter the United States prior to the expiration date stamped in your passport. If you are not a resident of Canada or Mexico and you receive an electronic I-94 and depart via land but do not re-enter the United States prior to the expiration date stamped on your passport, you may want to travel with evidence of your departure into Canada or Mexico. Evidence of departure can include, but is not limited to, entry stamps in a passport, transportation tickets, pay stubs and/or other receipts. A traveler can request an entry stamp from CBSA when entering Canada or from the Instituto Nacional de Migracion (INM) when entering Mexico.

Otherwise, when leaving via air or sea, CBP will record the departure electronically via manifest information provided by the carrier or by CBP.

This automation streamlines the entry process for travelers, facilitates security and reduces federal costs. CBP estimates that the automated process will save the agency $15.5 million a year.

For more information and for answers to frequently asked questions, see the I-94 Fact Sheet .

The CBP INFO Center offers questions and answers for I-94 .

Beginning in May 2019, I-94 numbers will be alphanumeric. Currently, I-94 numbers are 11 digits long and only contain numbers. In order to minimize program impact resulting from the depletion of numeric-only I-94 numbers and to create a long-term solution for the creation of new numbers, CBP is switching to alphanumeric I-94s. I-94 numbers will remain at 11 characters but will follow the format of 9 digits, followed by a letter in the 10th position, and a digit in the 11th position. Unexpired I-94s issued in the current numeric-only format will continue to be valid until the Admit Until Date printed on the paper I-94 and/or the date displayed on the I-94 website .

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Form I-512, Advance Parole

What is form i-512.

Form I512 is also known as advance parole which is issued by the USCIS. Advance parole permits a non-citizen of the United States who does not have an immigrant visa to come back to the United States after leaving the country. Before a non-immigrant individual leaves the United States, they must get approval for the advance parole otherwise they will be denied entry.

Who should apply for Form I-512?

If you are a non-immigrant, you should apply for advance parole if:

• You have been granted benefits under the Family Unity Program
• You have an asylum application in process or were granted asylum
• Have been admitted as a refugee
• Have been granted Temporary Protected Status
• Have an emergency reason to travel abroad temporarily
• Have an application for adjustment with a pending status

You will not be granted advance parole if:

• You are the beneficiary of a private bill
• Are under removal proceedings
• Are an exchange alien who needs a foreign residence
• Are in the United States without a valid immigrant status

How do I apply for Form I-512?

You must file Form I-131, Application for Travel Document in order to receive advance parole, Form I-512. The actual document will say “Authorization for Parole”. Please note that having Form I-512 does not guarantee entry into the United States once you try to re-enter. Non-immigrants with advance parole must still go through customs screening where they will be deemed fit or unfit to re-enter the country. However, advance parole protects non-immigrants who would be automatically rejected from re-entry if they were to not have advance parole.

What is a non-immigrant individual?

A non-immigrant individual is anyone with a permanent residence in any country other than the United States. A citizen of the U.S. Would not be considered a non-immigrant individual. Visas may be issued to non-immigrant individuals and they are generally issued on a temporary basis and primarily, but not exclusively for tourists. Other categories of people who may qualify as non-immigrants are persons traveling to the United States for the purpose of obtaining medical treatment or persons traveling here on business. Normally they would have first obtained their non-immigrant visa from their own countries U.S. Embassy prior to travel. Non-immigrant visas may also be issued to visitors for temporary work and also for study.

Applying for form I-512 is a two-stage process. The first step is to complete form I-313, available from the U.S. Citizen and Immigration Services (USCIS).

Once you have completed form I-131 it is important to read it over and check that you have answered all questions fully and that all the information that you have given is correct.

Once you have submitted your I-131 it will be reviewed and if successful you will receive your I-512. Many people expect that the I-512 is a card and are surprised to find that it is a simple A4 document. Look for the “Authorisation for Parole” heading on the top of the page.

What if my application is denied?

Any decision to deny an Advanced Parole application will be notified to you in writing. Details of how to lodge your appeal will be included. If you wish to appeal an advanced parole decision you will need to submit your application within thirty-three days. Appeals are only accepted on form I-290B . The appeal should be sent to the office where you made your original application. You will also need to include the required administration fee.

Your appeal will then be processed and at that stage, it will be forwarded to the Administrative Appeals Unit (AAU) in Washington DC. You are strongly advised not to send your appeal directly to the AAU as this is likely to result in further delays. Your appeal will either be successful or not. If your appeal has not been successful there is no option to appeal it to a higher office. However, you can and should make a motion to the office to re-examine your application. Please note that you will have to provide new information in order for this motion to be successful. This may also involve submitting sworn affidavits and you will probably be required to submit need documentation to back up your case. Primarily the office will want to see new facts or the verification of claims you have previously made before they will re-examine your application.

It may appear at the outset that the whole process is overly complex, and some people may find this off-putting at first. However, I cannot overstate the importance of obtaining the correct documentation prior to you leaving the United States. This is especially important in cases where the person traveling may be leaving family or loved ones behind in the U.S. It is important to remember that without the correct documentation you chances of reentering the U.S. are greatly reduced. No one wants to arrive at the airport only to find out at that point that they cannot travel simply because they didn’t submit the correct paperwork in time. A little time and preparation in advance could save an awful lot of trouble a little further down the road.

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Visa Bulletin For June 2024

Number 90 Volume X Washington, D.C

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A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during June  for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at  www.uscis.gov/visabulletininfo , individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by May 2nd . If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2.  The fiscal year 2024 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa issuances will exceed the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES. 

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: 

FAMILY-SPONSORED PREFERENCES

First : ( F1 ) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. ( F2A ) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. ( F2B ) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third : ( F3 ) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth : ( F4 ) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

A.   FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

For June, F2A numbers  EXEMPT from per-country limit  are authorized for issuance to applicants from all countries with priority dates  earlier  than 01FEB21. F2A numbers  SUBJECT to per-country limit  are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO , with priority dates beginning 01FEB21 and earlier than 15NOV21. All F2A numbers provided for MEXICO are exempt from the per-country limit.

B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 

EMPLOYMENT-BASED PREFERENCES

First :  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second :  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third :  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth :  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth :  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2024 this reduction will be limited to approximately 150.

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. 

B .   DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF JUNE

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years.  The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program.  Visa numbers made available to NACARA applicants in FY 2023 will result in reduction of the DV-2024 annual limit to approximately 54,850.  Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s provisions on the Diversity Visa program such that the number of visas made available under the NDAA will be deducted from the 55,000 DVs annually allocated.  These amendments will not impact the number of diversity visas available until FY 2025.  DVs are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For June , immigrant numbers in the DV category are available to qualified DV-2024 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2024 program ends as of September 30, 2024. DV visas may not be issued to DV-2024 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2024 principals are only entitled to derivative DV status until September 30, 2024. DV visa availability through the very end of FY-2024 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C.   THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY

For July , immigrant numbers in the DV category are available to qualified DV-2024 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers  BELOW  the specified allocation cut-off number:

D.   VISA AVAILABILITY IN THE EMPLOYMENT-BASED SECOND (EB-2) PREFERENCE CATEGORY

High demand in the Employment Second category will most likely necessitate retrogression of the worldwide final action date (including Mexico and Philippines) in the next month to hold number use within the maximum allowed under the Fiscal Year 2024 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

E.   VISA AVAILABILITY IN THE EMPLOYMENT-BASED THIRD (EB-3) PREFERENCE CATEGORY

High demand in the Employment Third category will most likely necessitate retrogression of the worldwide final action date (including Mexico and Philippines) in the next month to hold number use within the maximum allowed under the Fiscal Year 2024 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly. 

F.   U.S. GOVERNMENT EMPLOYEE SPECIAL IMMIGRANT VISAS (SIVs)

The National Defense Authorization Act (NDAA) for Fiscal Year 2024, signed into law on December 22, 2023, may affect certain current and former employees of the U.S. Government abroad applying for SIVs or adjustment of status, as described in section 101(a)(27)(D) of the INA.  This does not affect certain Iraqis and Afghans applying for SQ and SI SIVs.  Applicants should contact the consular section at which they filed their Form DS‑1884 for further information on the impact of that law on their case.

G.   FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

Department of State Publication 9514

CA/VO: May 2, 2024

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Turkey - USCIS Ankara Field Office

Geographic jurisdiction.

USCIS Ankara has jurisdiction over U.S. immigration matters in Turkey (Türkiye).

Public hours

For public inquiries related to services our office provides (see list of services below), please contact our office by email at   [email protected] .

Direct all other public inquiries to the USCIS Contact Center . If you are in the United States or a U.S. territory, dial 800-375-5283 (for people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833) to access automated information through an interactive menu 24 hours a day, seven days a week. If you are outside the United States or a U.S. territory, you can call the USCIS Contact Center at 212-620-3418. You can get live help from a USCIS representative Monday through Friday from 8 a.m. to 8 p.m. Eastern except on federal holidays.

Appointments

You must make an online appointment to visit USCIS Ankara. USCIS Ankara does not accept walk-ins.

Fee Payment Information

For all applications and petitions that you submit to this office, you must pay the fees to the U.S. Embassy cashier with Visa or MasterCard or in cash with U.S. dollars or Turkish Liras. We do not accept personal checks, traveler’s checks, money orders, or Turkish debit cards.

Office Services

Click on the tabs below for additional information on each service this office provides. Click on the form names within the tabs to see a complete explanation of the fees, required forms and documentation associated with forms that we may accept directly at this office. If there are special instructions for filing at this office, you will see them under “Filing and Other Special Instructions” within each tab.

Form I-730, Refugee/Asylee Relative Petition, Form and Fee Information

Individuals admitted to the United States as a refugee or granted status in the United States as an asylee within the past two years may file a Form I-730, Refugee/Asylee Relative Petition, for qualifying relatives.

Filing and Other Special Instructions:

Refugees or asylees file this petition in the United States for their qualifying relatives. Please see the  Form I-730  webpage for filing instructions. If you file a Form I-730 petition with a domestic USCIS office for a beneficiary who resides in Turkey, we will transfer the petition to the USCIS Ankara Field Office for further processing. We will contact the petitioning relative and any representative of record to initiate processing and gather additional information and documents, once we have received the Form I-730 from the domestic USCIS office. 

Please Note: It is important to notify our office if the beneficiary’s contact information changes from what is on their Form I-730. You should inform us of any such changes by submitting the change by email to this office.

Lawful permanent residents may pick up a reentry permit you applied for by filing Form I-131, Application for Travel Document, to return to the United States travel abroad in certain circumstances (PDF, 667.32 KB) .

This office does not adjudicate re-entry permits. This office only provides service if you applied for a reentry permit by filing Form I-131, Application for Travel Document, in the United States and asked USCIS to send your reentry permit to the U.S. Embassy/USCIS in Ankara.

If we receive contact information, USCIS Ankara will contact you when your Form I-131 has been approved by an office in the United States and your reentry permit is ready for collection. If you believe your permit should be at USCIS Ankara and you have not heard from us, you may send us an inquiry .

Find instructions on how to obtain or replace a reentry permit at How Do I Get a Reentry Permit (PDF, 667.32 KB) .

Biometrics collection supports certain applications and petitions pending with a USCIS international office and, in some cases, with a domestic office.

If USCIS has requested biometrics (such as fingerprints, photograph, and/or signature) in association with the adjudication of the forms listed below, individuals residing in Turkey generally may request biometrics collection at our office:

• Form I-130, Petition for Alien Relative ;
• Form I-131, Application for Travel Document (Refugee Travel Document (RTD)), if the applicant has departed the United States without an RTD and has received permission from USCIS to file Form I-131 from outside the United States. Otherwise, it is at the field office director’s discretion as we explain in the section For All Other Forms Not Listed Above;
• Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant ;
• Form I-600, Petition to Classify Orphan as an Immediate Relative —We do not always require residency;
• Form I-600A, Application for Advance Processing of Orphan Petition —We do not always require residency;
• Form I-730, Refugee/Asylee Relative Petition ;
• Form I-800A, Application for Determination of Suitability to Adopt from Convention Country —We do not always require residency;
• Form I-914, Application for T Nonimmigrant Status** ;
• Form I-918, Petition for U Nonimmigrant Status** ;
• Form N-400, Application for Naturalization —for active duty military service members stationed abroad and their dependents, and for certain applicants who are eligible for naturalization under section 319(b) of the Immigration and Nationality Act.

For All Other Forms Not Listed Above:

USCIS usually schedules biometrics collection at an Application Support Center (ASC) in the United States based on the applicant’s or petitioner’s address of record.

In rare circumstances, international field office directors may use their discretion to collect biometrics that we initially scheduled for collection in the United States. When deciding whether to collect biometrics at an international field office, field office directors will consider resource constraints and appropriate supporting evidence the applicant provides, as well as the following factors:

• An appointment notice showing that we scheduled biometrics collection at a domestic USCIS office;
• Evidence of extenuating circumstances requiring the individual to depart the United States before we collected their biometrics as indicated in the appointment notice. For example, these circumstances might include, but are not limited to, the need to assist a critically ill family member, an unexpected immediate job transfer, or other urgent need; and
• Evidence that the applicant requested an expedited or rescheduled appointment at an ASC before leaving the United States, or an explanation of why they failed to request an expedited or rescheduled appointment.
• For those residing abroad: Evidence of the compelling circumstances or hardship that would prevent the applicant or petitioner from traveling back to the United States for an ASC appointment. Generally, we do not consider the expense of traveling back to the United States to be a hardship in itself.

Because of the small number of staff in our international offices, you may experience a delay in appointment availability for biometrics collection.

You can contact USCIS Ankara   to determine whether you are eligible to have your biometrics captured at this office or for further information.

*Note : The available biometric services noted above only apply if you live in a country with a USCIS office.

Form I-601, Application for Waiver of Grounds of Inadmissibility, Form and Fee Information

If you are inadmissible to the United States and are otherwise approved to immigrate to the United States, you must file this form to seek a waiver of certain grounds of inadmissibility.

Except as we explain below, you must file Form I-601 with the USCIS Lockbox in the United States by mail . If you believe you have extraordinary circumstances that require expedited processing, you may submit a written request for expedited processing along with your application when you file with the Lockbox. You can find further instructions on requesting expedited processing domestically on the How to Make an Expedite Request webpage.

To file with USCIS Ankara in limited circumstances:

You must request an exception to Lockbox filing via email.

We may grant an exception to Lockbox filing and permission to file Form I-601 if:

• The applicant resides in Turkey;
• There are exceptional and compelling humanitarian circumstances that require immediate filing and adjudication and
• Expedited processing would not address the urgency of the circumstances.

For information about the exceptions to Lockbox filing and permission to file Form I-601 at an international office, including examples of possible qualifying circumstances, please see the USCIS policy memorandum (PDF, 78.82 KB)  on exceptions for international filing.

Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, Form and Fee Information

If you have been deported or removed, or unlawfully returned to the United States without admission after a previous removal or unlawful presence, you may file this form to obtain consent to reapply for admission to the United States.

File with the USCIS office in the United States indicated in the Form I-212 instructions.

If you need to file both Form I-212 and Form I-601, file them together at the Lockbox address specified in the Form I-601 instructions.

If USCIS Ankara decides that exceptional and compelling humanitarian circumstances warrant filing your Form I-601 with USCIS Ankara, you can also file Form I-212 with Form I-601.

If you file Form I-601 and Form I-212 together, be sure to bring the correct filing fee for each separate form.

Please see the information below to file for other immigration benefits this office does not provide.

For information on other immigration benefits, please visit uscis.gov . For your convenience, we have provided links to information on some commonly asked about services:

• Obtaining a certified true copy of a naturalization certificate .
• Requesting copies of documents from your Alien file (A-File) through a Freedom of Information Act (FOIA) request .
• Our USCIS Contact Center has additional information available on its webpage (you must live in the United States or its territories to call for live assistance).
• The USCIS Contact Center’s Reference Guide is available from anywhere around the globe. The guide provides additional information on the services USCIS provides.

For in-depth information about visas, please check the  Visa Services section of the Department of State’s website . You may also visit Mission Turkey Visa  website.

Immigration help for your business

• News & Reports

USCIS Removes Biometrics Fee for Most Immigration Cases

Uscis restructures fees: biometrics costs now included in filing fees, may 10, 2024.

U.S. Citizenship and Immigration Services (USCIS) has made an important change to make immigration processes simpler and less costly. Starting April 1, 2024, they removed the extra fee for biometrics (like fingerprints and photographs) for most applications.

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What are biometrics and why are they collected?

Biometrics are physical characteristics like fingerprints and photographs that are unique to each person. USCIS collects biometrics to verify the identity of applicants and ensure the security of the immigration system.

What is the change?

The recent rule change has significantly reduced the number of applications that require a separate biometrics fee. Now, the cost of biometrics is included in the main filing fee for most applications, making the process more streamlined and affordable for many immigrants.

Before the rule change, most applications required a separate biometrics fee. This included applications for:

• Green Cards (Form I-485): This form is used for adjusting status to become a lawful permanent resident.
• Work Permits (Form I-765): This form is used to apply for authorization to work in the United States.
• Travel Documents (Form I-131): This form is used to apply for permission to travel outside the U.S. and return as a lawful permanent resident or other eligible nonimmigrant.
• Naturalization (Form N-400): This form is used to apply for U.S. citizenship.
• Many other forms: Various other applications and petitions also required a separate biometrics fee, depending on the specific benefit sought.

Changes made before the final rule:

As of October 1, 2023, the biometrics fee was waived for applicants using Form I-539 (Application to Extend/Change Nonimmigrant Status) .

Does the biometrics fee update apply to everyone?

This change applies to most applications, but there are a couple of exceptions. People applying for Temporary Protected Status (TPS) or some cases handled by the Executive Office for Immigration Review will still need to pay a small $30 fee for biometrics. These exceptions are in place due to the different processing requirements or additional security checks sometimes involved in these types of cases.

Why did USCIS make this change?

USCIS’s decision to eliminate the biometrics fee while adjusting other fees is a strategic move aimed at simplifying the application process, enhancing accessibility, and responding to stakeholder feedback. By consolidating the biometrics fee with the main filing fee, USCIS streamlines the process and improves cost recovery, offsetting potential revenue loss with adjustments in other fees. This decision reflects USCIS’s commitment to balancing affordability and operational needs, ensuring a more transparent and accessible immigration experience for applicants.

Learn more about the new fee schedule.

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Stem opt: frequently asked questions, when can i apply for the stem opt extension.

You can submit your application for the STEM Extension of OPT to US Citizenship and Immigration Services ( USCIS ) up to 90 days before your current Employment Authorization Document ( EAD ) expires. You may submit your request for the STEM Recommendation I-20 to the HIO about 2 weeks prior to this date as it takes around 14 business days to process the STEM I-20. You must submit your application to USCIS  2-3 days before your EAD expires as it will take time for it to be entered into USCIS’ system. Please plan accordingly to allow sufficient time for processing by both the HIO and USCIS.

How do I submit the STEM OPT application?

It is a two-part process that is outlined on our website . If you send your documents to your HIO Advisor directly, you will be redirected to follow the application process as there is data that we need to collect through the form. 

Can the HIO review my I-983? I need help filling this out.

The HIO has developed a helpful guide to complete the Form I-983 and you can find instructions for Harvard employment as well as non- Harvard employment (outside employers).

We will review your I-983 after your request is submitted to the HIO. The HIO Advisor who will review your documentation is not a subject matter expert in your field of study so your I-983 and supplemental documentation is only being reviewed for completeness and to ensure maintenance of F-1 status. During our review, we can give you feedback on any missing or incorrect documents.  

I am graduating and am in a STEM eligible program so can I apply for 3 years of OPT?

No, it is not possible to apply for 3 years of OPT. You must first apply for the initial 12 months of regular post-completion OPT. Eligible F-1 students may then apply for the STEM OPT Extension up to 90 days before their current OPT EAD card expires. Please visit the Applying for STEM OPT section of our website for more information. 

How do I get my company enrolled in E-Verify ?

Your employer can visit this website for helpful information. The HIO is not directly involved with this process so please work with E-Verify to ensure that your employer is applying correctly.   

I just submitted my HIO application for my STEM I-20. When will I get it?

We request a 14-business day processing time to allow for the substantial review required when recommending students for the STEM OPT extension. Once your STEM Recommendation I-20 is ready, you will receive an email containing your new I-20 and information about next steps. If it has not yet been 14 business days, we respectfully request your patience and ask that you do not follow up.

Can I travel while I am applying for the STEM extension?

You must be present in the US at the time you submit your application to USCIS. Once submitted to USCIS, you may travel using the documents mentioned on the HIO website under Travel on Post-completion OPT, STEM OPT or AT .

I have a lot of travel plans right now and am having trouble finding time that I will be in the US during the duration of my application. What should I do?

I f necessary, you can be outside of the US while you submit your I-20 request to the HIO (part 1 of the application). Upon your return to the US, you should retrieve your I-94 document to confirm that it has the most recent entry and states “F-1” for class of admission and “ D/S ” as the admit until date. This is the I-94 record you will use as part of your application, and it is your responsibility to verify that the information is correct. 

You must be physically present in the US at the time you submit your application to USCIS (part 2 of the application); therefore, you will need to arrange your travel plans accordingly.  

I am working for a start-up; can I do that on the STEM extension?

For any work done on STEM OPT, there needs to be a “bona-fide” employer/employee relationship which is outlined on the Form I-983 Training Plan. The I-983 should document how your employer and supervisor will provide you with training. Your employer must have hiring and firing power over you. 

In some cases, it may be possible to have a board of directors provide you with training. In these cases, there needs to be a point person on the board for this process.  The point person needs to have both hiring and firing power over you, as well as provide you with training, as indicated on the I-983. It is recommended that you consult an immigration attorney to acquire the appropriate documentation explaining the board of directors and how it relates to reporting structure and Form I-983. Please provide a copy of this documentation to the HIO as part of your STEM OPT application as we will want to keep it on file for compliance purposes. 

Often students will report to a US citizen or legal permanent resident cofounder who will complete and sign the I-983 training plan. 

Your supervisor should not be another student on a visa .

If you are thinking about creating your own business, you  should consider viewing an informational session held by immigration attorney Mary E. Walsh, a partner at Iandoli, Desai, and Cronin, PC. Please see the HIO website section titled  Entrepreneurial Activities .

Why is the name of my program on my I-20 mismatched from my diploma and transcript? Will this cause an issue?

T he major listed under Program of Study on page 1 of your Form I-20 is delineated by the Classification of Instructional Programs code (CIP code), administered by the U.S. Department of Education. Every program of study at a university is assigned a CIP code and is used for many different reasons.  CIP codes are needed for reporting and compliance for the university as a whole—not just for international students. CIP codes are determined by the individual Harvard school as well as a cross-university committee. These codes are based on the curriculum of the program and learning outcomes. At times, the name of the major listed for the CIP code is not an exact match to the name of the program at Harvard University.  

This likely will not cause an issue during your STEM OPT application. However, if USCIS has questions about the program of study on your I-20, you may be sent a Request for Evidence (RFE).  If you receive an RFE, please inform your HIO advisor so that we can help provide a response. 

Do I upload the I-983 to my US Citizenship and Immigration Services online application?

No, this is a compliance document. The HIO and your employer will keep copies of the I-983, and you should as well for your own records.  In very rare cases, the University is asked to provide a copy of the I-983 to a government entity.  Otherwise, the form is generally used as an internal compliance document and is not sent to USCIS.

How much do I need to get paid?

You must be paid as “ similarly situated ” US employees. It is not possible to only work for equity while on the STEM OPT Extension. Your company should be familiar with Department of Labor laws and minimum wage requirements of the state in which you will work.  

You will need to work at least 20 hours per week for your employer and payment should be reflected accordingly. 

Can I leave my job when I am applying for the STEM extension?

You can change jobs while you are applying for the STEM OPT extension, but you should plan to have another STEM eligible employer lined up if your application has not yet been adjudicated by USCIS. When USCIS processes your application, you will need a valid employer that meets the STEM OPT requirements. Your start date can be in the future and there can be a gap between employers, provided you have not exceeded your unemployment time.  

To change employers after your application has been submitted to USCIS but while it is still pending, you will need to submit the F-1 STEM OPT Reporting Form . You cannot start with your new employer until the HIO has issued you an updated I-20 and the start date on the I-20 has arrived. Your HIO advisor will ask you to sign your I-20 and email a copy to them. For pending STEM OPT applications, the HIO must also send a copy of your updated I-20 showing the new employer to USCIS so it can be added to your file. You should also upload a copy to your pending application in your online USCIS portal. 

How can my application be approved on time if it takes 3-5 months to receive approval? Can you make the application go faster? I want to be able to travel and continue working.

If you submit your STEM OPT application to USCIS in a timely manner (i.e., before your current OPT EAD expires), your OPT is automatically extended for 180 days beyond your current end date. You must present the I-797 receipt notice from your STEM OPT application to your employer to continue working beyond your EAD end date. 

There is a Premium Processing service available to expedite an application with USCIS, but there is a substantial fee associated with this service. You can request premium processing by including Form I-907 in your online USCIS application. Please note that there is not necessarily a need for this service—once you are issued a receipt number after timely filing your application, you can continue to work for 180 days. You can also travel with your expired EAD card and the I-797 receipt notice as explained on HIO’s website in the travel section .

Who should be my supervisor on my I-983?

The HIO can only provide general guidelines regarding reporting structure. There must be a bona fide employer/employee relationship in which the student/employee is provided with training in the student’s major area of study.  

The supervisor should not be another student on a visa. 

This can be a challenging issue for students who are creating their own start-ups. There must be a reporting structure that supports a training environment as detailed on the Form I-983 Training Plan. There must be a supervisor with hiring and firing power over the student who is requesting the STEM OPT extension. If a student has a co-founder who is a US citizen or legal permanent resident, it is recommended that the student report to this individual. If this is not possible, the student should report to a point person on the Board of Directors. 

If you are thinking about creating your own business, you should consider viewing an informational session held by immigration attorney Mary E. Walsh, a partner at Iandoli, Desai, and Cronin, PC. Please see the HIO website section titled Entrepreneurial Activities .

Can my supervisor on my I-983 be one of our partners who is not based in the US?

No, all employment on the STEM OPT Extension and all information on Form I-983 must be US based employment and for a US entity.  

My program is the MBA program at Harvard Business School. It was recommended that I include information from my college’s Registrar. Where do I upload this documentation?

In your online USCIS portal, you may either combine these letters into the same PDF as your diploma or wait until after you submit the I-765 and upload the letters to “unsolicited evidence.” You may obtain the two letters required as part of your application by emailing the HBS Registrar . You will receive a letter from the Dean as well as a personalized letter explaining which of your courses are STEM based. 

I submitted my application to USCIS. What happens next?

You will receive 3 pieces of mail:

• I-797 Notice of Receipt
• I-797 Notice of Approval
• Employment Authorization Document

Before receiving the I-797 receipt in the mail, you should be able to immediately view a PDF version in your online USCIS portal account. 

You may receive a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) in the mail. If you receive one of these, please contact your HIO Advisor.

Can I continue to work while my STEM OPT application is pending?

Pursuant to 8 CFR 274a.12 (b)(6)(iv), a person granted OPT may continue to work for up to 180 days following the expiration of the original OPT, as long as the STEM extension is properly filed and is pending with USCIS. This regulation only applies if the STEM extension was filed and received by USCIS (as documented on the I-797 Receipt Notice) prior to the expiration of the original OPT authorization.

What proof should I give to my employer to continue working while my STEM OPT is pending?

While your timely filed STEM OPT application is pending with USCIS, you can provide your employer with a copy of your I-797 receipt notice to continue working after your current EAD expires. You will receive a PDF version of the receipt notice in your online USCIS portal before receiving the official I-797 notice via U.S. Postal Service mail. Your employer can access information about the documentation required for completing the I-9 process with F-1 students.  

How much unemployment time do I have? 

You have a total of150 days of unemployment time during the entire 36-month OPT period – 90 days for your initial period of post-completion OPT and an additional 60 days for your STEM OPT Extension. Please note that international travel while on OPT required by your employer, and regular vacation days allowed by your employer, will not count as part of the 150 days of unemployment.

What should I do after I receive my EAD?

As soon as you receive your new EAD card, check it for accuracy. Review all the information (biographical information, start date, end date) displayed on the card. Contact your HIO advisor immediately if there are any discrepancies, especially if the time period you requested is different from the time period on the card. 

You will need to provide a copy of your new EAD to your employer’s Human Resource department or other I-9 representative.

Can I travel outside the US while my STEM OPT application is pending with USCIS?

You can travel abroad and re -enter the US using your expired Post-Completion OPT EAD card and the original I-797 Receipt Notice for your timely filed STEM OPT application. This only applies during the 180-day period of authorized employment while your STEM OPT application is pending. Please refer to the HIO website’s travel page for a full list of documents required during the various stages of OPT and STEM OPT.  

Can I travel outside the US once my STEM OPT application has been approved?

International t ravel once the STEM OPT extension is approved is permitted provided you have ALL required documents listed below . 

Please note that the EAD contains the statement “not valid for reentry;” this means that you cannot use the EAD by itself to return to the US.  You must have the following documents in addition to your new STEM OPT EAD card:   

Your unexpired passport—your passport should be valid for at least 6 months beyond your date of re-entry to the US;  

Your most recently issued Form I-20, signed on page 2 by an HIO advisor. The signature must be less than six months old at the time of re-entry to the US. You may submit the HIO’s Travel Signature Request Form if you need a new signature ;  

Your unexpired F-1 visa stamp inside the passport (Canadians do not have/need a visa). If your F-1 visa stamp has expired or will be expired at the time of your re-entry to the US, you will need to renew your visa before returning ;  

Your job offer letter or a letter of resumption of employment that confirms employment for the period of your approved OPT; 

My STEM OPT application has been pending for 3-4 months. What should I do?

STEM OPT approvals can take 4-5 months, so at this point there is no need to be concerned. 

Your OPT employment and all other F-1 benefits are extended for 180 days while the STEM OPT application is pending. You should download a copy of your STEM OPT application receipt through your online USCIS portal account. You should also receive a hard copy of the I-797 Notice of Receipt in the mail. While your timely filed STEM OPT application is pending with USCIS, you can provide your employer with a copy of your I-797 receipt notice to continue working after your current EAD expires.  If your STEM OPT application isn’t approved after 5 months, you may check in with your HIO Advisor. In the meantime, continue to check on the status of your case via the USCIS tracking tools.

Can I renew my visa?

You can apply for a new F-1 entry visa with the following documentation: 

E xpired Post-Completion OPT EAD card and the original I-797 Notice of Receipt issued by USCIS in response to your STEM OPT application (only if your application is pending); 

New STEM OPT EAD (only if your STEM OPT has been approved); 

Proof of employment ; 

I-20 with travel signature no more than 6 months old . 

Follow the regular procedures to apply for an F-1 visa at a US embassy or consulate abroad .  It is very common for students to apply for a renewed F-1 visa while on OPT/STEM OPT, so if you have all the required documents, the embassy/consulate should not be confused by your application. 

Can I work remotely?

You can work remotely if that is indicated on your Form I-983 Training Plan. If working remotely, you should enter the “Employer Site Information” in section 5 as the physical location where you are working. For example, enter your home address if working from home, or enter the address of a coworking space if using a shared office space. You must continue to show that your training and supervision as outlined in the Form I-983 can be accomplished remotely, and that there is a bona fide employer/employee relationship with your company.

Can I work remotely from abroad?

  An essential requirement in maintaining your F-1 status while on STEM OPT is that any employment you engage in must be for a US-based employer. The employer must be enrolled in E-Verify and your employment must meet all STEM OPT requirements ( specifics are on the HIO website ). Additionally, the “spirit” of OPT is for F-1 students to gain practical training experience in the US.   You are always required to report a physical U.S. address for yourself and your employment to the HIO during the OPT and STEM OPT periods; SEVIS functionality does not permit the HIO to enter international addresses for your physical location or your place of employment in your SEVIS record.  

Current SEVP guidance indicates that “Students participating in OPT or STEM OPT may work remotely as long as they continue to comply with the regulatory requirements regarding practical training...” You must closely consult with your direct supervisor, HR, and your employer’s immigration attorney about any plans to work remotely from abroad to ensure that: 

You are in compliance with any employer policies that may be in place.

I-983 on file with your HR and HIO must reflect your STEM employment and training, including site(s) of employment activity. 

You can access necessary data and applications.

You will continue to be on US based payroll and maintain your benefits (health insurance, short/long term disability, retirement contributions, etc.) while you are abroad. 

There is a plan in place should any kind of USCIS site visit pertaining to your employment occur. 

You understand what you will need to do to remain compliant should the employer plan to sponsor you for a future US employment-based visa, such as H-1B , TN , E-3 , O-1 , L-1, etc.

We also recommend that you confirm all plans for remote work abroad with your direct supervisor, HR, and employer’s immigration attorney in writing and obtain their written approvals before you finalize any plans to depart the U.S. 

I nternational travel is permitted while on STEM OPT. The regulations are silent about exactly how long you can be outside of the US while on STEM OPT, so the HIO recommends that you exercise good judgement if you will be abroad for extended periods of time and proceed as described above.   You must always maintain a complete and accurate Form I-983 on file with the HIO. Also, you are required to report any changes within 10 days.  

What type of visa am I on now that I have changed to the STEM extension?

You continue to be on the F-1 student visa sponsored by Harvard for your period of post-completion OPT as well as your period of STEM OPT. If you need to renew the visa stamp inside your passport at a US embassy or consulate abroad, you will need to complete a new F-1 visa application. For additional information on that process, please visit the HIO website . 

Can my employer apply for H-1B for me while I am on STEM OPT?

Yes, your employer can submit your name for registration in the H-1B lottery while you are on STEM OPT. If you are selected in the lottery, you should be in touch with your attorney and/or employer about the timing of transitioning to an H-1B visa.  

Once your timing of transitioning to the H-1B visa is decided, you will need to update the HIO so that we can make the appropriate adjustments to your F-1 immigration record. To end your F-1 status while on STEM OPT, you will need to complete the final evaluation at the bottom of page 5 on the Form I-983 with your employer and submit evidence of your status change via the HIO reporting page . Evidence of your status change may include the I-797 Approval Notices and/or I-94. 

I am working full-time at my employer. Can I also help my friend who created a start-up?

A ny and all employment done while on STEM OPT must meet the criteria outlined on our website . Even if you have a full-time employer that meets the STEM criteria, any additional/concurrent employment will also need to meet these criteria too. You are not permitted to be self-employed or work on your own start-up while on STEM OPT. 

Can I travel outside the US with a pending H-1B application?

You will need to contact your employer, firm, or attorney to understand your travel limitations.

I was just approved for an H-1B, and I want to maximize my work authorization time by staying on STEM OPT before I switch. What should I do?

You should be in touch with your employer, firm , or attorney regarding any of the nuances of your H-1B application since the HIO is not sponsoring your H-1B visa.  

For you to remain on STEM OPT, your employer will file your H-1B petition via consular notify. Upon receipt of your I-797B approval notice, please send a copy to your HIO Advisor. Your HIO Advisor will need to make sure your F-1 status remains active in SEVIS, so it is important to keep in touch. 

Once you are ready to switch to H-1B, you will need to complete the final reporting requirement for STEM OPT. This is the final evaluation at the bottom of page 5 of the I-983 that you will need to complete with your supervisor. You’ll also need to scan a copy of your H-1B approval notice and I-94 showing H-1B status. You’ll use these documents to complete the HIO STEM OPT reporting form . You’ll pick “I am ending my STEM OPT early.” 

Each time I travel on OPT or the STEM extension, I am sent to secondary inspection. Can you fix this?

This has been a common issue with Customs & Border Protection ( CBP ) for many years and it is not necessarily problematic. It is our understanding that CBP officers at primary inspection have very little time to spend with each visitor who is entering, so if they have any questions for you, they will just send you over to secondary inspection. Most frequently, this happens to students on OPT or STEM OPT because cross-departmental government databases do not update or interact dynamically.  

You can confirm your SEVIS status but logging into your SEVP portal and bringing a printed screenshot from the student side of your portal showing that you have an active record. You can also submit a request to have your portal reset if you are unable to login.

Please be sure to use our F-1 STEM OPT Reporting Form when you need to make any updates/changes or report your participation every 6 months. 

It is also possible to file an inquiry through DHS Trip. You can learn more here: https://www.dhs.gov/dhs-trip . You will receive a redress number that you can then add into your future airline reservations.  

How do I change employers?

You can change employers while on STEM OPT by report ing the change of employer to the HIO so that we can update your SEVIS record with the new employer information. All employers must meet the STEM OPT criteria even if you have already been approved by USCIS. Please select the option on our reporting page that applies to where you are in the application process.  

You will need to complete your final evaluation of Form I-983 (page 5) with your current/previous employer.  

You will need to provide a new Form I-983 completed and signed with your new employer. 

Once I have been approved for the STEM extension, can I switch to an employer that does not meet all the requirements?

No, even after your STEM OPT application has been approved by USCIS, each and every employer you plan to work for must meet the requirements of the STEM OPT extension. For example, if you switch employers, the new employer must also be enrolled in E-Verify, have an EIN, and you must work at least 20 hours per week, etc. This does not change once USCIS has reviewed and approved your STEM OPT application.

How early can I report my 6-,12-,18-, and 24-month validations?

The HIO can report your STEM OPT participation in SEVIS only up to 30 days before the report is due. Therefore, we ask that you do not submit the application more than 40 days in advance of your reporting deadline. Additionally, the HIO requires 14 business days to process all STEM OPT reporting so please plan accordingly.

I’ve submitted my report to the HIO. I haven’t heard anything, and I want to be sure that I have reported on time. Should I be worried?

No, an HIO staff member will contact you if anything doesn’t look quite right. Upon submission of your report via the reporting forms , you will receive an email confirmation as an automatic reply.  You may rest assured that you have fulfilled your reporting requirement as of the date the HIO receives your reporting submission. 

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