The following will try to explain the rules governing F1 students stay in the United States as well as any other rules concerning CPT.
The news media has reported extensively on how the U.S. government is seeking more efficient ways of managing information on international students in the United States. We have prepared this document to help you understand the kinds of information that all colleges and universities in the U.S., must maintain on international students and how this information is shared with the government in a manner prescribed by law. We hope you find this explanation helpful.
What is SEVIS?
SEVIS is a data tracking system for international students in F, M, and J status. Each school, each INS Office, each INS port of entry and each U.S. Embassy or Consulate overseas, is electronically connected to a central INS data processing system. Other departments are connected to INS as well such as Social Security offices and Department of Motor Vehicles DMV where you get your ID card or driving license. The goal of SEVIS is to “track” each student and his/her dependent(s) from the moment of entry to the U.S. until the student departs. INS had been slowly developing this program during the last several years but has pushed for a quick completion since the 9/11/01 tragedy.
How does SEVIS Work?
• The DSO (designated School official) notifies SEVIS when a student is accepted and the school issued an I-20. The I-20 Form has a bar code to track student’s activity thoughout the F1 student’s status.
• When the student reports to school (initial attendance or vacation), the student needs to obtain a visa from a U.S consulate. The consulate abroad confirms that the student is carrying a valid document and if the application is approved, the consulate will issue a visa.
• USCIS officers at the port of entry reports to SEVIS, the student entry into the US.
• Upon arrival to the campus, the DSO will report and confirm the student’s enrollment.
• The School will continue to provide regular electronic reports to USCIS throughout the student’s academic career.
FAQ’s REGARDING SEVIS:
What Student Information will be collected in SEVIS?
1. Student and dependent’s full name (as they appear in passport)
2. Student/dependent current address (may not be a post office box and any changes to your home or local address)
3. Visa classification and date of visa issue
4. Academic status (full-time / part-time)
5. Country of birth and birth date
6. Country of citizenship
7. Port of entry and date of entry
8. Date you begin your studies
9. Degree program and Level
10. Whether you enroll each semester, or fail to enroll
11. Number of credits completed each term
12. Change in status from FT to PT (for Canadian Commuters only)
13. Drop below FT status with authorization
14. Withdrawal from studies
15. Completion date of program
16. Any curricular / optional training
17. Disciplinary action due to criminal convictions
18. Termination date and reasons
What does “fail to maintain status” mean?
Some examples of failure to remain status include:
1- Dropping from full-time to part-time enrollment without prior approval from the DSO.
2- Attending a school other than the one a student is authorized to attend.
3- Failure to apply for a timely transfer or I-20 extension or change in level of study.
4- Unauthorized employment
5- Failure to report a change of address.
6- Enrollment for more than one on-line course per term.
What are the consequences if a student fails to maintain status?
The student’s record will be updated with SEVIS every semester. Students who fail to maintain status lose the privileges of their student visa and become subject to deportation. Specific consequences may include:
1- Denial of re-entry to the U.S.,
2- Inability to move from undergraduate to graduate status
3- Denial of requests for Practical Training
4- Denial of requests to change visa status.
5- Possible denial of all future visa applications.
Can a student who is “out of status” regain legal status?
If a student drops below a full course of study without prior approval from the DSO, that “event” would be reported to the INS, via SEVIS, and he or she would be out of status. The student may apply to INS for reinstatement if the violation resulted from circumstances beyond his or her control. Reinstatement is intended to be a rare benefit for exceptional cases. The student may not apply for reinstatement under any circumstances if he or she is out of status longer than five months. If INS does not reinstate the student, he or she may not appeal that decision.
Will SEVIS benefit students in any way?
Data moves faster through an electronic system than through a paper system. Students can expect that INS forms will be produced faster, applications for benefits such as Practical Training will be approved more quickly, and visas will be granted without the usual long delays.
What should students do to prepare for SEVIS?
• Any changes in information will be posted on our website. Changes in immigration or visa procedures sometimes happen quickly. Information is posted as soon as we have reliable facts.
• Understand the immigration regulations and learn how to maintain lawful status in the U.S., and refer any questions or problems immediately to the experts.
The four words we hate to hear are: “But my friend told me…”
• Be proactive: Students should plan their course schedules carefully so that they maintain full-time enrollment.
• Make travel arrangements early, and anticipate delays at consulates and border crossings.
• Keep all documents up-to-date.
• Changes in degree level, extensions, and travel validations must be done in a timely manner and on SEVIS documents.
• Allow time for processing new forms.
• Be sure that your finances are in order. You will not be able to register for classes if you have an outstanding tuition balance.
• If you do not register for classes for a fall or spring semester (summer registration is optional), you are required by INS regulations to depart the United States.
Are there other resources available about SEVIS?
The SEVIS website,
www.immigration.gov has a right hand side bar, that towards the bottom has a SEVIS Resources category you may click on. Some parts are restricted, but you may find it helpful.
BE AWARE OF THE FOLLOWING:
Entry and Exit from the U.S.:
• New students may enter the U.S. up to 30 days before the start date on the I-20
Other Rules
How long may I stay on my F-1 student visa?
When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:
• F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.
• M-1 student - An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.
As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2006, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2006 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one before being able to return to America and resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate abroad.
Distance Education:
• Students may only take one class (3 credits) of distance learning per term if that subject is not offered in class and there are no other class alternatives. On line classes are governed by the same academic rules and students must follow any course requirements like physical attendance for classes (if required by professor), exams or other purposed on the campus where it is offered.
Reduced Course Load:
• Students may reduce their course load below full time for 2 reasons: academic or medical. In both cases, they must first obtain written authorization from a DSO before they drop any classes.
• Academic reasons, such as initial difficulty with English or reading requirements, unfamiliarity with American teaching methods, or improper course level placement, permit the DSO to authorize the student to reduce his/her course load to 3 hours for one term only per academic level but student must attend English classes at the School. Such students must resume a full course load the next term, including summer. Students are not eligible for a second authorization by the DSO for academic difficulties.
• Students who fall ill or need to take a maternity leave may be authorized by the DSO to reduce their course load or take no classes at all for up to 12 months total per academic level. Such students must provide the DSO with a letter from a licensed Medical Doctor, Doctor of Osteopathy, or a licensed Clinical Psychologist before dropping courses. The DSO must re-authorize reduced course load for illness before each term begins with new documentation from the medical provider, up to a total of 12 months.
• Students must notify the DSO at the beginning of the term in which they return to class full time after taking a reduced course load to avoid falling out of status.
• Students may take a reduced course load in their final term if only one or two classes are needed to complete the degree – but may not continue to be enrolled only for administrative purposes if all degree requirements are met.
Transfer:
• Upon completion of a degree program, students may remain in the U.S. for up to 5 months maximum when transferring to a new degree program. The 5-month period begins on the completion date of the first degree program. Students who are eligible for OPT are allowed to stay for 12 month after they finish their degree.
• Students who have fallen out of status are ineligible for transfer; they must either apply for reinstatement from INS or depart and re-enter the U.S. with an initial I-20 for a new program.
• Students wishing to transfer should notify the DSO of the date they wish to transfer and the name of the new school.
Employment:
• On-campus employment may not begin earlier than 30 days prior to classes starting.
• Students may not work off campus unless authorized for CPT or OPT.
CPT: The regulations state that curricular practical training must be “an integral part of an established curriculum.” They define curricular practical training as “alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school.”
- Students must have been lawfully enrolled on a full-time basis at an INS approved school for one academic school year before being eligible for CPT. Exception exists for graduate students whose programs require immediate curricular training. Available only while student is in F-1 status, before completion of the educational objective.
- Students may engage in CPT only for a specific employer, location and period approved and recorded by the DSO on the I-20.
- Duration of CPT depends on the specific period granted by the DSO. May be granted by DSO in increments of no more than one year, or until expected date of employment completion, whichever is shorter.
- CPT can be approved for part-time (20 hours or less) or full-time (over 20 hours).
- Must be an integral part of an established curriculum, in the student’s course of study.
- Must have an offer of employment from an employer offering work that qualifies as curricular practical training.
- Use of full-time CPT for one year or more eliminates eligibility for Optional Practical Training. Use of part-time CPT does not affect eligibility for Optional Practical Training.
- Must receive written authorization from DSO, who records authorization on Form I-20 ID, before work begins. I.N.S. approval is not required.
- Must continue to maintain a full course of study in F-1 status during the period of employment, but some exceptions may exist for some CPT.
• Students may get 12 months of Optional Practical Training (OPT) for each degree level .
• Students must apply for OPT before completion of all degree requirements (thesis/dissertation defense date).
• OPT is automatically terminated when students transfer to another school or begin study at a different academic level.
Reinstatement:
• Reinstatement applications to INS must be filed within 5 months of the status violation, unless exceptional circumstances can be demonstrated by the student.
• The status violation must have resulted from circumstances beyond the student’s control – which may include injury, illness, closure of school, natural disaster, or oversight or neglect on the part of the DSO.
• If the student has been employed without authorization, no reinstatement is possible.
Name / Address Reporting:
• Students must notify the DSO and INS of new name/address within 10 days after the change.
• Students may comply by notifying the DSO within 10 days; the DSO must then update SEVIS within 21 days which takes care of the INS notification.
• Students registered with the INS for Special Registration must also submit an address change form to the INS as mandated by that program.
• Students must provide their physical home address unless it is impossible to receive mail there, in which case students may provide a mailing address.
• If students provide a mailing address, they must also provide their physical home address to the DSO.
School Reporting:
Universities must report to INS within 21 days of the occurrence:
• Students who fail to maintain status or complete program
• Students/dependents name and/or address change
• Students graduating prior to I-20 end date
• Disciplinary action taken against students convicted of a crime
• Any other request made by SEVIS re: student status
Each term, no later than 30 days after registration ends, university must report to INS:
• If students are enrolled, dropped below full course of study without DSO authorization, or failed to enroll
• Current address of all enrolled students
• Start date of students’ next term
If you have any questions about your immigration status, please ask a DSO. Be proactive- The terms mentioned above is liable to all universities with few exception of flexibility depending upon the type of university.
Source: International Students Academic Program where i used to work.
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