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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
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Passport
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I-94 Card
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I-20
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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:
- Have a
valid passport for at least 6 months into the future.
- 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.
- 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.
- You must
notify your International Student Advisor if you need to drop
below
full time. Read carefully the information on Reduced Course Load.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Students,
who withdraw from the program before the date of completion of
studies, have 15 days to leave the United States.
- 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,
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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:
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There will
no longer be a 30-day or one-year re-registration requirement,
according to 8CFR Part 264.
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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.
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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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