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F-1 STUDENTS REGULATIONS

                                  (Federal Register, Vol. 67 - 76256 (December 11, 2002)                            http://www.ice.gov/sevis


YOUR 4 MOST IMPORTANT DOCUMENTS

  • Passport

  • I-94 Card

  • I-20

  • Visa

··        Passport:  Your passport must be valid during your stay in the United States.  Six months prior to its expiration, apply for an extension through your embassy.

 I-94 Card  - Record of Arrival and Departure: You will be given this card to complete while on route to the United States. This is your identification number with the Immigration and Naturalization Service (INS).  This card also notes your entrance date and how long you are allowed to remain in the United States.  The I-94 should indicate that you are in F-1 visa status and that you are admitted in the United States for Duration of Status (D/S).  Duration of status is indicated by the dates in item #5 on your I-20.

 I-20 Nonimmigrant Document:  This document is your permission to stay in the United States as a full-time student.  If your program takes longer than the time listed on the I-20, you will need to see your International Student Advisor no more than 30 days in advance to extend your stay.  This will require information from your academic advisor that your graduation has been delayed and updated financial information.  Going beyond the end date on the I-20 is a violation of your status and will require actions of reinstatement.

 Visa:  This stamp is located inside your passport and is only your permission to enter the United States.  Do not confuse this with your I-20, which is your permission to stay in the United States.  Visas are issued by the United States Embassies or Consulates abroad, and a new visa is normally processed in the student’s country. 

 

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HOW TO MAINTAIN YOUR LEGAL F-1 STUDENT STATUS

Maintaining status means that you are here in the U.S. legally, and you are eligible for all the benefits available to the international students.

Easy Steps to Maintaining Student Status:     

  1. Have a valid passport for at least 6 months into the future.
  2. Attend the College or University that you are authorized to attend.  If you enter  the U.S. on GSCC I-20, you must attend GSCC for at least one term before you are eligible to transfer to another school.
  3. Continue to carry a full course load of study each regular semester                          (Fall and Spring).

    Alabama Language Institutes students                18 credit hours per semester  College students                                               12 credit hours per semester

    Limits on distance education:  College students can take only one on-line or video class distance education class or 3 credit hours per semester.  Language students are not eligible to take distance education classes.

  4. You must notify your International Student Advisor if you need to drop below full time.  Read carefully the information on Reduced Course Load. 
  5. You must notify your International Student Advisor if you are unable to complete your degree program by the completion date specified on the I-20. You can find more detailed information  on extending your program in the section on Extending your I-20.
  6. You must notify your International Student Advisor if you continue from one educational level to another. (For example: ESL to college)   Please read the appropriate section on Changing Education Levels.
  7. You must notify your International Student Advisor if you intend to transfer to another school.  Following proper procedures is important so that you can maintain your status.  To find out more about school transfer, read the section on this topic.
  8. F-1 students who maintain their legal status and are in good standing at GSCC are eligible to work on-campus up to 20 hours per week while school is in session. When classes are not in session, the student may work full time.  F-2 dependents are not eligible to accept employment.
  9. DO NOT work off-campus without the proper authorization by the Department of Homeland Security or your international student advisor!  Read the section on F-1 Student Employment.
  10. If you are a college student, you can take the summer as your vacation. You must notify the International Programs Office if you are NOT going to be in school, and you will need to pay for health insurance during your vacation.
  11. You must notify your International Student Advisor within 10 days if you change name and address.  Your change of name or address will be reported in SEVIS within 21 days.  If you do not report your change of address, you will be out of status.
  12. Students who have graduated or completed their program of studies have 60 days to make preparations to leave the United States.  Students who stay more than 60 days will be overstaying and will fall out of status with immigration laws.  Students who overstay may be barred from reentering the United States from three to ten years.
  13. Students, who withdraw from the program before the date of completion of studies, have 15 days to leave the United States.
  14. Students who are out of status need to apply for reinstatement.  For example, if you have not been full time, or if you taken time off when you were not supposed to be off, you are out of status and need to apply for reinstatement.  See section on Reinstatement.

         

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UNDERSTANDING F-1 REGULATIONS

Maintaining a Full Course of Study: 

F-1 and M-1 students must enroll full time as required by the immigration regulations established by the Department of Homeland Security. International students in F-1/M-1 status must attend school full time for one academic year before they are eligible for vacation.  To be less than full time, students need permission from the International Student Advisor.  Following are valid reasons for less than full-time enrollment: 

1.      Initial difficulty with the English language

2.      Initial difficulty with reading requirements

3.      Unfamiliarity with the United States academic system

4.      Improper course level placement

5.      Documented medical reasons

6.      Approaching graduation

Note:  Financial difficulties or poor academic performance are not valid reasons for dropping below full time.  


 

Reduced Course Load:

According to INS regulations, a reduced course of study must consist of at least six semester hours per semester.  A student who drops below a full course of study without the prior approval of the International Student Advisor will be considered out of status.  New regulations require the International Student Advisors to report students who are taking less than full time; therefore, it is important that you become aware of the acceptable reasons for taking less than the full-time requirement.

       Valid reasons for being less than full time:

       1)     Completion of course of study:

A student is in the final semester or session of the course of study and does not need to take a full-time course of study to meet the degree requirements.

       2)      Medical conditions:

A student has a temporary illness or medical condition that makes registration for more courses inadvisable.  The student must provide medical documentation from a licensed medical doctor to the International Advisor to substantiate the illness or medical condition each semester or term as needed, for a period not to exceed 12 months during the entire course of study.

        3)     Academic difficulties

a.      A student has been advised to drop a course because of improper    course level placement

b.      A student has initial difficulty with the English language or reading requirements, is unfamiliar with American teaching methods.                        

c.      A reduced course load can be approved only once per program level.  A student previously authorized to drop below a full course of study due to academic difficulties is not eligible for a second authorization due to academic difficulties while pursuing a course of study at that program level. 


 

Annual Vacation:

An F-1 student is considered to be in status during the annual (or summer) vacation if the student is eligible and intends to register for the next semester.  The student is not required to be registered for classes.


 

Program Extension:

A student who is unable to meet the program completion date on the Form I-20, may be granted an extension by the International Student Advisor if the student has continually maintained status and that the delays are caused by compelling academic or medical reasons, such as change of major or documented illnesses.  Delays caused by academic probation or suspension, are not acceptable reasons for program extension.

In order to apply for program extension, a student must contact the International Student Advisor at least 30 days prior to the I-20 end date.  The end date is located in item 5 of the Form I-20.  The student will need to provide proof of financial support for the additional period.  This extension must be done prior to the expiration of the current document or the student will be considered out of status.


 

School Transfer:

GSCC students wanting to transfer to another school in the United States should contact the International Programs Office.  The International Student Advisor will guide the students on the proper procedures to follow for changing schools and maintaining their immigration status. 

A student who is maintaining status may transfer to another SEVIS approved school.  It is important to note that a student has 60 days to officially transfer to another school.  SEVIS records need to be released to the new school within 60 days. The student must be able to begin classes at the transfer school or program within 5 months of transferring out of the current school or within 5 months of the program completion date on his or her current Form 1-20, whichever is earlier.  For students on Optional Practical Training (OPT), a transfer can be done only if the student can begin studying at the new school within 5 months of transferring out of the school that recommended OPT or the date the OPT authorization ends, whichever is earlier. 

Transferring students will need to fill out the Exit Form at the International Programs Office in order to be transferred out in SEVIS to the new school.  This is needed in order to obtain a Form I-20 from the new school.  The I-20 must be issued within 15 days of the beginning of classes in order to maintain a valid immigration status.  Students, who are leaving the United States between changing school, should reenter the United States using the I-20 issued by the new school.

An F-1 student who was not pursuing a full course of study at the school he or she was last authorized to attend is ineligible for school transfer and must apply for reinstatement or may depart the country and return as an initial entry in a new F-1 nonimmigrant status.


 

Traveling Outside the United States:           

Students who are planning to travel outside the U.S. need to contact the International Student Advisor at least 2 weeks prior to their trip.  In case of an emergency visit home, the International Student Advisor will do everything possible to help the student have the necessary documents prior to departure. Students should bring their passports and I-20 to the International Student Advisor for verification.  Students should take their transcript, a letter verifying good standing with the college, and financial support documents.

            If the visa stamp is valid:  The International Student Advisor will need to sign       your I-20.

            If the visa stamp has expired:  The International Student Advisor will need to issue a new I-20 and a certification letter showing that you have been enrolled as a full-time student here at GSCC.  The student should request a copy of his or her transcript of grades from the Registrar's Office.  You will need to take these documents with you to the U.S. Embassy or Consulate in your country and apply for a new visa stamp to reenter the U.S.  In addition, you should take with you proof of financial support in case the visa-issuing officer asks to see your financial documents. 


 

Preparing for Departure: 

If you do NOT plan to return to Gadsden State Community College for the next semester in college or ALI, you need to download and complete the EXIT FORM and return it to the International Programs Office.

Student Students who have completed their course of study and any authorized practical training have a 60-day grace period to prepare for departure from the United States or to transfer to another school.

Students who have approval of the International Student Advisor to terminate their course of study before it is complete have a 15-day grace period to depart the United States.

Students who terminate their course of study without prior approval by the International Student Advisor or who fail to maintain status are NOT eligible for any additional period.  

 

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EMPLOYMENT OPPORTUNITIES IN F-1 STATUS: 

1)  On-Campus Employment: 

On campus employment may begin no sooner than 30 days prior to the start of classes for students admitted for initial entry to begin a new program. Employment must not exceed 20 hours a week while school is in session; however, a student may work full time when school is not in session or during the annual vacation.

A student may not work on campus during the 60-day grace period following completion of a course of study, except in the following situations:  employment authorized for OPT; employment between academic levels at the same school; employment between programs when transferring school; and concurrently-enrolled students.

2)  Off-Campus Employment:

There are categories of off-campus employment authorization available after a student has been enrolled full-time for one academic year (nine months or two semesters).  Students cannot begin employment until they receive the Employment Authorization Document (EAD) from United States Citizenship and Immigration Services (USCIS).

Off-campus authorization employment authorization is terminated when the student transfers from one school to another, or when the need for employment ceases, although it is not terminated if the student continues studies in a new educational program at the same institution.

a)   Severe Economic Hardship

F-1 students are eligible for off-campus employment if unforeseen severe circumstances beyond the student’s control occur.  An unforeseen severe circumstance is defined as any situation that seriously alters a student’s financial condition.

Examples of unforeseen economic hardship include:

  • loss of financial aid or on-campus employment without fault on the part of the student,

  • substantial fluctuations in the value of currency or exchange rate,

  • inordinate increases in tuition and/or living expenses,

  • unexpected changes in the financial condition of the student’s source of support,

  • medical bills, or other substantial and unexpected expenses.  

If approved, the USCIS will issue a work card valid for one year.  This card may be renewed provided the students remains in good academic standing and maintain his or her immigration status.  The student must also prove continued economic need.

b)     Curricular Practical Training

Curricular Practical Training (CPT) is available to students after they have been in F-1 status for a full academic year.  The objective of CPT is to give the student the opportunity to gain practical experience in his or her field.  CPT is defined as work which is an integral part of the curriculum, including internships, practicum, Cooperative Education employment or work experiences that are required by the curriculum.  CPT should be viewed as a class, not work.  CPT is for credit adding towards the completion of the student’s academic program.  Work/training must not only be related to the student’s major field of study, but also be an integral part of the student’s degree program.  This employment opportunity is limited to twelve months of authorization for full-time employment.  CPT can be authorized for only one semester at a time. Beware that the use of full-time CPT for one year or more eliminates eligibility for Optional Practical Training (OPT).  Use of part-time CPT does not affect eligibility for OPT.  For further information, contact the International Student Advisor.

c)     Optional Practical Training

Optional Practical Training (OPT) is designed to provide F-1 students with the opportunity to gain practical experience in his or her field of studies.  OPT is limited to 12 months of employment.  A student is eligible to apply for OPT only after completing one full academic year and after completing any given educational level, such as after obtaining an Associate Degree, and again after a Bachelor’s Degree.   OPT can be authorized at the following times:  during the student’s annual vacation; while school is in session (maximum of 20 hours per week); or after completion of course of study.  Remember, however, that there are only 12 total months available at any educational level, and that training/work done before a degree is completed will count against that 12-month total and reduce time available after the degree is awarded.  A student wishing to apply for OPT needs to do so 120 days before completion of the program of study.  The Employment Authorization document (EAD) is normally received within 120 days after the application is submitted.  Therefore, students are strongly advised to apply for OPT as early as 120 days prior to the date they wish to begin studying. Students may not begin employment until they receive the employment authorization card.

It is the opinion of both United States Citizenship and Immigration Services (USCIS) and the United States Department of State that F-1 students on optional practical training should be actively seeking employment in order to maintain status.  Although this interpretation does not form part of the regulations, it is implied by the nature of OPT itself.  Thus all students should keep careful records of having sought employment while on OPT should they wish to later extend their student status or change to another nonimmigrant status.  Registration for job seeking can easily be done at websites like monster.com and proof of registration printed out.  Also it is wise for students to keep copies of letters they have sent to employers during OPT.

For additional information regarding OPT, please contact the International Student Advisor.

 

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Issuance of Social Security Numbers to F-1 Students

 Federal Register (Volume 69) page 55065 (2004)

The Social Security Administration (SSA) issued a new rule on the issuance of Social Security Numbers (SSNs) to F-1 foreign students. The rule is effective as of October 13, 2004.

In the new regulations, the SSA expands the requirements for issuance of SSNs to international students by demanding more evidence of a work-related need before it will assign SSNs to F-1 students.

F-1 students are defined as "bona fide students" who are allowed to enter the United States on a temporary basis for the purpose of pursuing "a full course of study."  Such students, while maintaining that status, may nevertheless work in the U.S. under certain limited circumstances, which would require them to have valid SSNs for payroll and tax reporting purposes.

Regulations already require F-1 applicants for SSNs to provide evidence of age, identity, immigration status and work authorization.  The new rule establishes specific evidentiary requirements for the issuance of an SSN to F-1 students in the following work-related situations:

 (1)  For off-campus work:  The student must have an employment authorization document (EAD) issued by the Department of Homeland Security (DHS).

 (2)  For curricular practical training (CPT) - The student must show authorization by the school in question.  Specifically, the Designated School Official (DSO) must sign the Student and Exchange Visitor Information System (SEVIS) Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) "with the particulars of the employment, including whether the training is full time or part time, the name and location of the employer, and the start and end dates of the employment." 

 (3)  For on-campus work:  The F-1 student must provide evidence from the DSO that he or she "has been authorized by the school to work and has secured employment or a promise of employment before we will assign an SSN," the SSA states. 

The new rule accommodates "rare instances" when an F-1 student might qualify for a non-work-related SSN.  These include:

 (1) Instances in which a federal statute or regulation requires an SSN for access to the particular benefit or service to which a nonimmigrant is otherwise entitled; or

 (2) A state or local law requires nonimmigrants who are legally in the U.S. to provide their SSN to get public assistance benefits to which they are otherwise entitled; or

 (3) Cases of extreme economic hardship.

 

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REINSTATEMENT TO STUDENT STATUS

A student who is out of status can apply for reinstatement to student status if the student:

·     Has not been out of status for more than 5 months or demonstrates that the    failure to file within the 5-month period was the result of exceptional circumstances.

·      Does not have a record of repeated or willful violations of Service regulations.

·      Has not engaged in unauthorized employment, and

·       Is not deportable on any grounds.

·      Shows that the violations resulted from circumstances beyond the student’s  control such as serious injury or illness, closure of the institutions, a natural disaster, or inadvertence, oversight, or neglect on the part of the International Student Advisor.

·      Status violation is for reduced course load, which the International Student Advisor could have authorized and reinstatement denial would result in extreme hardship for student.

Consult with your International Student Advisor for proper reinstatement procedures.

 

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SPECIAL REGISTRATION

The Department of Homeland Security has suspended the National Security Entry/Exit Registration System (NSEERS) re-registration requirement that required aliens to re-register after 30-days and one year of continuous presence in the United States.  The new process is published in the Federal Register. 

 Following are the changes made by the new rule: 

  • There will no longer be a 30-day or one-year re-registration requirement, according to 8CFR Part 264.
  • In place of the previous requirement, the new rule will allow the Department of Homeland Security (DHS), as a matter of discretion, to notify individual nonimmigrant aliens subject to NSEERS registration to appear for one or more additional continuing registration interviews in those particular cases where it may be necessary to determine whether the alien is complying with the conditions of his or her nonimmigrant visa status and admission.
  • The rule also provides that when an alien who is monitored under Student and Exchange Visitor Information System (SEVIS) notifies DHS of a change of address or change of education institution through SEVIS, it also constitutes a notification for the purposes of NSEERS registration.

 

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