F-1 Visa Regulations n

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Deborah Mathews
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F-1 Visa Regulations n It s important for students and exchange visitors to understand the concept of immigration status and the consequences of violating that status.

1 F-1 Visa Regulations n It s important for students and exchange visitors to understand the concept of immigration status and the consequences of violating that status. Definition of Status Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. Those who follow the requirements maintain their status and ensure their ability to remain in the United States. Those who do not follow the requirements violate their status and are considered out of status. Failure to maintain status can result in arrest, and violators may be required to leave the United States. Violation of status also can affect the prospect of readmission to the United States for a period of time. Most people who violate the terms of their status are barred from lawfully returning to the United States for many years. Immigration Documents Passport: Your passport, issued by your country of citizenship, should be valid at least six months into the future. To renew your passport, contact your home government. F-1 Students: F-1 immigration status is reserved for students pursuing a full course of study at an academic or language institution. This visa is used solely for the purpose of study. J-1 Exchange Visitors: The J-1 visa is used for exchange visitors. In the university setting, this visa is used for visiting faculty, research scholars, short-term scholars, specialists, and students. Certificate of Eligibility (I-20 or DS-2019): This certificate is an immigration document that correlates with the particular immigration status you hold. An I-20 is used for F-1 students and F-2 dependents. A DS-2019 is used for J-1 exchange visitors and J-2 dependents. Visa: The visa is the most commonly misunderstood immigration document. It is a stamp that the United States consulate or embassy gives foreign nationals in their passports and which they must have to enter the United States in the particular classification they request (e.g.: F-1 or J-1).

2 The validity of a visa stamp pertains only to the period during which it may be used for admission to the United States. It does not indicate how long you may stay in the United States. Visitors may remain in the United States with an expired visa as long as their certificate of eligibility is valid and the proper immigration status is indicated on the I-94 card. On the visa stamp, there is also an indication of the number of entries permitted, usually One, Two, or M (for multiple). If a student uses up his or her entries and wishes to enter the United States again during the same validity period, he or she must obtain a new visa. Canadian students do not need visas to enter the U.S., only their I-20 or DS-2019 forms. Form I-94: This is the small white card (Arrival/Departure record) given to foreign nationals at the port of entry to the United States, and which an immigration officer validates and staples into the passport. This is a very important document as it indicates the visa classification you are given upon entry to the United States and the length of time you may stay. A notation of D/S (for Duration of Status) will be noted on most student or exchange visitors I-94 s. SEVIS SEVIS (Student & Exchange Visitor Information System) is an internet-based system in which the Department of Homeland Security (DHS) maintains information on non-immigrant visitors holding F, M and J visas. SEVIS enforces a policy of zero tolerance to people who violate the terms of their status. There is no room for error and many issues need prior approval. Below is a list of your responsibilities under SEVIS. We urge you to take these new responsibilities seriously as your status in the United States is at risk if you fail to comply with any of the items below. Maintaining Your Legal Immigration Status If you have any questions regarding immigration laws and regulations please contact the Office of International Programs. We are happy to help you understand what you need to know so that you do not jeopardize your current visit or any other future plans that you may have for returning to the United States. Important Note: The information included in this manual is not exhaustive and is subject to change without notice. If you have any questions relating to your current legal status in the United States, please visit your international student coordinator.

3 ROLE AND RESPONSIBILITIES OF INTERNATIONAL STUDENTS Students must be aware of and comply fully with the following regulations: Maintaining Current Immigration Documents: You must maintain a valid passport at all times, unless exempt from passport requirements. You must obtain a new Form I-20 if you change your academic program from one degree level to another (e.g., from Bachelor s to Master s level), one school to another, or one major/field of study to another (e.g., from Education to Communication Disorders). You must also obtain a new form I-20 if your source of funding changes (e.g. from scholarship to parents). You must attend the college/university listed on your I-20. You must visit the Office of International Programs at the end of each semester (within the last week) to have your Certificate of Eligibility (I-20 or DS-2019) signed by the International Student Coordinator. You must visit the OIP at the beginning of each semester (within the first week) to have your SEVIS registration updated. Fulltime Enrollment: You must be enroll in and attend classes. You must be enrolled fulltime during normal enrollment periods (fall & spring semesters). Full time is: 12 credits per semester for Undergraduates, 9 credits per semester for Master s. If you are a graduate student with an assistantship full time is then reduced to 6 credits. You must be enrolled for your courses by the beginning of each semester. The Office of International Programs is required to report students who are enrolled less than full time to DHS through SEVIS within thirty days of the end of the registration period. Any student who is less than full time at that point will be reported and therefore, out of status. If you will not be enrolled full-time, you must receive prior approval from your International Student Coordinator. You and your academic advisor must complete

a Fulltime Enrollment Equivalency Form, and submit it to the Office of International Programs prior to registering for less than a full course load or prior to dropping below a full course load.

4 a Fulltime Enrollment Equivalency Form, and submit it to the Office of International Programs prior to registering for less than a full course load or prior to dropping below a full course load. You can only drop below full time status for reasons of academic difficulty for one semester per degree level. You may drop below full time status for medical reasons for two semesters per degree level. Medical reasons must be substantiated by a medical doctor or a board certified psychologist. You may drop below full time status in your last semester before graduating if you need less than a full course load to graduate. You are only allowed to count one on-line or distance education course per semester toward your full time status. You are only allowed to take a course from another university or college with prior approval from your International Student Coordinator. If you plan on taking a semester off (other than summer), you must obtain prior approval from the Office of International Programs. Students who drop below full time status without prior authorization from their International Student Coordinator will be considered out of status and will have to apply to USCIS for reinstatement. There is a fee of $340 to process the reinstatement application. Change of Address: You are legally required to report any change of address or residence and/or any change of name for you and your dependents to the Office of International Programs within 5 days of the change. This information will then electronically notify DHS of the change, via SEVIS, as required by the regulations. Your current address must be your place of residence. It cannot be reported as a post office box or departmental address. Academic Progress: You must continually be making normal progress towards completion of your academic program. You must successfully complete 12 credits each semester. You must maintain no less than a 2.0 GPA. Remember: University rules sometimes differ from immigration policies. For example, while your academic department may say that it is fine to be enrolled less than fulltime, in term sof immigration, this is illegal except under certain circumstances.

5 Program Extensions: You must apply for an extension of your program of study prior to the expiration date on your Form I-20 if you cannot complete your program by that date. Requests for extensions should be submitted days prior to the expiration date of the Form I-20. Students will only be granted an extension under certain circumstances. One of the conditions of F-1 status is that international students must be making normal progress towards the completion of their degree program. Delays caused by academic probation or suspension are not acceptable reasons for program extension. The delay in completion must have been caused by compelling academic or medical reasons. To apply for a program extension, you must have your advisor complete a Program Extension Request form and return that form to the Office of International Programs. Students who fail to apply for a timely extension will be considered out of status, and will have to apply to the USCIS for reinstatement. There is a fee of $340 to process the reinstatement application. Be aware that failure to comply with immigration policies can lead to termination of your student status! Transferring Schools: You must complete an official immigration transfer whenever you change educational institutions. F-1 students must notify their current institution of their intent to transfer, obtain a Form I-20 from the new institution, and report to the Designated School Official at the new school within 15 days of the program start date listed on the Form I-20. Withdrawal from School: If you withdraw or are asked to leave the university, you must report this to Office of International Programs immediately. If you report to the Office of International Programs, you will have 15 days to leave the United States. If you do not report to the Office of International Programs, your status ends immediately. End of Program: The normal grace period to remain in the United States following degree completion is 60 days. It is very important that you turn in the Form I-94 (Arrival/Departure Record) to an airline representative or Customs Border Protection (CBP) official when

leaving the U.S. Returning the Form I-94 proves that you did not violate U.S. law by staying in the country too long and that you obeyed U.S. immigration laws.

6 leaving the U.S. Returning the Form I-94 proves that you did not violate U.S. law by staying in the country too long and that you obeyed U.S. immigration laws. This is essential if you want to return to the U.S. at a future date. Accompanying Dependents: You must notify the Office of International Programs of any accompanying dependents in F-2 status and provide biographical information (e.g., full name, address, city, country of birth, etc.) and immigration information (e.g., passport information, visa information, etc.) regarding those dependents. Travel inside the U.S.: If you are traveling within the U.S., you do not need to have your documents signed for travel but you are required to carry your passport and I-20 or DS-2019 with you at all times. Travel outside the U.S.: F-1 students and all dependents who plan to travel outside of the United States and return to Minot State University must bring their I-20 to the Office of International Programs so an International Student Coordinator can sign it for re-entry into the U.S. This should be done 1 to 2 weeks prior to traveling, and takes at least 24 hour hours to process. (J-1 students: Note that if your DS-2019 was not issued by Minot State University (i.e. ISEP), you need to contact your program sponsor for this signature) F-1 and J-1 students and visiting scholars who leave the United States must have the following documents with them to ensure their re-entry: valid passport valid U.S. visa stamp (except for Canadian citizens) valid I-20 signed for travel, for F-1 status or valid DS-2019 signed for travel, for J-1 status verification of enrollment (suggested, but not required) F-2 or J-2 spouses and minor children who are not accompanied by student or visiting scholar must have: valid passport valid U.S. visa stamp (except for Canadian citizens) valid separate I-20 or DS-2019

7 If you are traveling to Canada, Mexico, or adjacent islands other than Cuba for less than 30 days, you may be eligible to reenter the U.S. without obtaining a visa stamp. Please see your International Student Coordinator for more information regarding this Automatic Revalidation benefit. If you visit countries outside the United States other than Canada, Mexico, or the Caribbean area, you must have a valid F or J visa stamp in your passport to re-enter the United States. See below for additional details. Every time you leave the United States, it is important that you turn in the Form I-94 (Arrival/Departure Record) to an airline representative or Customs Border Protection (CBP) official when leaving the U.S. For students under NSEERS Special Registration, please remember to leave enough time for your exit interview at your last port of departure. If you are unsure where to find the immigration office, please ask airport authorities at your designated port of departure. Obtaining a New Visa Stamp: If your visa is no longer valid, you must take your passport and a Certificate of Eligibility (I-20 or DS-2019) to the nearest United States Consulate or Embassy in the country you are visiting to apply for a new visa stamp. Evidence of financial support for your studies in the U.S. must also be presented. Also, be advised that you may encounter problems or delays if you attempt to get a new visa outside your home country. Before you leave for a trip outside the U.S., consult with your International Student Coordinator to determine whether or not you need a new visa stamp. The State Department is now publishing on its Web site the average wait times for nonimmigrant visa interviews and for the processing of nonimmigrant visa app lic ations. T he wait tim es are lis te d by p os t. To access the wait-tim e site, go to:

J-1 Scholar / Faculty/ Specialist Immigration Orientation Session

J-1 Scholar / Faculty/ Specialist Immigration Orientation Session This reporting and training session is required by U.S. regulations. We appreciate your participation. This should take you less than 30