“Immigration Law and Employment Regulations for International Students – A Primer for Those Who Work with International Students at Azusa Pacific University.”

““Immigration Law and Employment Immigration Law and Employment Regulations for International Students Regulations for International Students – A Primer for Those Who Work with – A Primer for Those Who Work with

International Students at International Students at Azusa Pacific University.”Azusa Pacific University.”

Presented by:Presented by:

Shawna Lafreniere, M.A.Shawna Lafreniere, M.A.

December 13, 2004December 13, 2004

Overview of PresentationOverview of Presentation

The International Student Landscape The International Student Landscape in the USAin the USA

Immigration Law for International Immigration Law for International StudentsStudents

Employment Regulations for Employment Regulations for International StudentsInternational Students

The International Student The International Student

Landscape in the USALandscape in the USA

Where Do International Where Do International Students Come From?Students Come From?

Countries with the largest number of students studying in the U.S.

1. India 79,736 11. Germany 8,7452. China 61,765 12. Britain 8,4393. South Korea 52,484 13. Brazil 7,7994. Japan 40,835 14. Colombia 7,5335. Canada 27,017 15. Kenya 7,3816. Taiwan26,178 16. Hong Kong 7,3537. Mexico 13,329 17. Pakistan 7,3258. Turkey 11,398 18. France 6,8189. Thailand 8,937 19. Malaysia 6,48310. Indonesia 8,880 20. Nigeria 6,140

SOURCE: Institute of International Education 2003-04SOURCE: Institute of International Education 2003-04

What Do Internationals Study?What Do Internationals Study?Business and Management 114,885Engineering 88,181Mathematics & Computer Science 76,736Other 59,785Social Sciences 44,667Physical & Life Sciences 41,417Undeclared 36,048Fine & Applied Arts 33,978Health Professions 24,037Intensive English Language 21,237Humanities 18,367Education 15,709Agriculture 7,950

SOURCE: Institute of International Education 2001/02

International Students Enrolled in International Students Enrolled in Intensive English ProgramsIntensive English Programs

Place of OriginPlace of Origin Total StudentsTotal Students

JapanJapan 16,47016,470Korea, Republic ofKorea, Republic of 13,11013,110TaiwanTaiwan 7,6057,605BrazilBrazil 5,2535,253MexicoMexico 4,3694,369VenezuelaVenezuela 2,4872,487ColombiaColombia 2,2552,255TurkeyTurkey 2,2542,254Saudi ArabiaSaudi Arabia 2,1912,191ThailandThailand 1,9291,929ItalyItaly 1,9241,924ChinaChina 1,7601,760FranceFrance 1,5871,587SwitzerlandSwitzerland 1,5841,584GermanyGermany 1,3961,396ArgentinaArgentina 1.3031.303SpainSpain 742742

SOURCE: Institute of International Education 2001SOURCE: Institute of International Education 2001

States With the Most States With the Most International StudentsInternational Students

StateState Total 2002-03Total 2002-03 1-year 1-year changechange

CaliforniaCalifornia 80,48780,487 +2.2%+2.2%New YorkNew York 63,77363,773 +2.8%+2.8%TexasTexas45,67245,672 +3.3%+3.3%MassachusettsMassachusetts 30,03930,039 +0.2%+0.2%FloridaFlorida 27,27027,270 -3.6%-3.6%IllinoisIllinois 27,11627,116 +6.3%+6.3%PennsylvaniaPennsylvania 24,47024,470 +1.9%+1.9%MichiganMichigan 22,87322,873 -1.0%-1.0%OhioOhio 18,66818,668 -3.7%-3.7%New JerseyNew Jersey 13,64413,644 +0.9%+0.9%IndianaIndiana 13,52913,529 +5.1%+5.1%VirginiaVirginia 12,87512,875 +2.2%+2.2%MarylandMaryland 12,74912,749 -8.6%-8.6%GeorgiaGeorgia 12,26712,267 +2.3%+2.3%WashingtonWashington 11,43011,430 -1.7%-1.7%

SOURCE: Institute of International EducationSOURCE: Institute of International Education

U.S. Colleges With the Largest U.S. Colleges With the Largest Number of International StudentsNumber of International Students

InstitutionInstitution Number of Number of Proportion of Proportion of

International StudentsInternational Students Total Total EnrollmentEnrollment

1. U. of Southern California1. U. of Southern California 6,2706,270 20.4%20.4%

2. New York U.2. New York U. 5,4545,454 14.3%14.3%

3. Columbia U.3. Columbia U. 5,1485,148 22.1%22.1%

4. Purdue U. main campus4. Purdue U. main campus 5,1055,105 13.2%13.2%

5. U. of Texas at Austin5. U. of Texas at Austin 4,9264,926 9.4%9.4%

6. U. of Michigan at Ann Arbor6. U. of Michigan at Ann Arbor 4,6014,601 11.8%11.8%

7. U. of Illinois at Urbana-Champaign7. U. of Illinois at Urbana-Champaign 4,5554,555 11.9%11.9%

8. Boston U.8. Boston U. 4,5184,518 15.6%15.6%

9. U. of Wisconsin at Madison9. U. of Wisconsin at Madison 4,3964,396 10.6%10.6%

10. Ohio State U. main campus10. Ohio State U. main campus 4,3344,334 8.7%8.7%

Azusa Pacific UniversityAzusa Pacific University 235235 3%3%


Levels of Education for Levels of Education for International StudentsInternational Students

Academic LevelAcademic Level InternationalInternational Total U.STotal U.S % of U.S.% of U.S.

StudentsStudents StudentsStudentsEnrollmentEnrollment

AssociateAssociate 67,66767,667 4,754,6744,754,674 1.4%1.4%

Bachelor’sBachelor’s 193,412193,412 6,826,4566,826,456 2.8%2.8%

GraduateGraduate 264,749264,749 1,930,0191,930,019 13.7%13.7%

SOURCE: College Board Annual Survey of Colleges for Fall 2001 enrollmentSOURCE: College Board Annual Survey of Colleges for Fall 2001 enrollment

What International Students Contribute What International Students Contribute Financially to the U.S. EconomyFinancially to the U.S. Economy

To:To: StudentsStudents Tuition & FeesTuition & Fees Living ExpensesLiving Expenses Total ContributionTotal Contribution

CACA 80,48780,487 827,054,078 827,054,078 1,331,138,869 1,331,138,869 1,629,646,919 1,629,646,919

USAUSA 582,996582,996 6,755,223,402 6,755,223,402 9,923,615,779 9,923,615,779 11,951,540,61211,951,540,612


International Student Enrollment International Student Enrollment Growth is Slowing DownGrowth is Slowing Down

Academic YearAcademic Year Number of International StudentsNumber of International Students % Increase Over Previous. % Increase Over Previous. YearYear

89-9089-90 386,851386,851 5.6%5.6%90-9190-91 407,529407,529 5.3%5.3%91-9291-92 419,585419,585 3.0%3.0%92-9392-93 438,618438,618 4.5%4.5%93-9493-94 449,749449,749 2.5%2.5%94-9594-95 452,653452,653 0.6%0.6%95-9695-96 453,787453,787 0.3%0.3%96-9796-97 457,984457,984 0.9%0.9%97-9897-98 481,280481,280 5.1%5.1%98-9998-99 490,933490,933 2.0%2.0%99-0099-00 514,723514,723 4.8%4.8%00-0100-01 547,867547,867 6.4%6.4%01-0201-02 582,996582,996 6.4%6.4%02-0302-03 586,323586,323 0.6%0.6%03-0403-04 572,509572,509 -2.4%-2.4%


% of Increased and Decreased Enrollment at % of Increased and Decreased Enrollment at American Colleges by Country – Fall 2003American Colleges by Country – Fall 2003

CountryCountry IncreasedIncreasedDecreasedDecreased

ThailandThailand 14%14% 22%22%United Arab EmiratesUnited Arab Emirates 5%5% 23%23%TurkeyTurkey 17%17% 24%24%IndiaIndia 32%32% 27%27%PakistanPakistan 10%10% 28%28%Saudi ArabiaSaudi Arabia 6%6% 29%29%ChinaChina 21%21% 36%36%MalaysiaMalaysia 15%15% 13%13%EgyptEgypt 7%7% 16%16%KenyaKenya 19%19% 17%17%IndonesiaIndonesia 12%12% 17%17%South KoreaSouth Korea 32%32% 19%19%


Immigration Law for International Immigration Law for International StudentsStudents

Immigration LawImmigration Law

Immigration law can be created by the following sources:

The U.S. Congress, which passes laws (statutes)

The Supreme Courts and Federal Courts, whose decisions create federal case law usually arising under a particular statute or regulation

The President, who can issue Executive Orders and sign Treaties

Executive Agencies, which promulgate federal regulations and whose appellate bodies issue precedent decisions.

Immigration LawImmigration Law The legal system regulating U.S. immigration

involves complex interactions and dialogue between law, lawmakers, and the governmental, public and private entities and individuals who must interpret and are affected by immigration laws.

In very general terms, the Legislative (Congress), Executive (President and Executive Agencies), and Judicial (Federal Courts) branches of the U.S. government create “law” affecting immigration. This law must then be interpreted, applied, and adhered to by both the government and the public.

Immigration LawImmigration Law To take care of the actual implementation

of immigration laws, Congress has delegated authority to Federal Agencies. These Agencies write, administer and enforce Federal Regulations, which govern the details of the immigration process set in motion by Federal Statutes.

Three Executive Agencies share the majority of responsibility for administering immigration laws, through authority delegated by Congress to the head of the Agency.


Department of Homeland Security (DHS)

The Homeland Security Act of 2002 radically altered the structure of the agencies involved in the immigration process. The act mandated that the functions of the Immigration & Naturalization Services (INS) be moved to the new Department of Homeland Security, and for the abolition of INS. INS ceased to exist on March 1, 2003.


The former Immigration and Naturalization Service (INS)

Prior to March 1, 2003, the Attorney General delegated immigration authority to the INS, headed by a Commissioner appointed by the President and reporting to the Attorney General. INS had the dual responsibility of providing services (granting benefits) to aliens who were inside the United States and of enforcing U.S. immigration laws, including managing the borders of the United States. These difficult (and sometimes conflicting) responsibilities had been the focus of much debate over the years, and on March 1, 2003, INS was abolished, and its duties were transferred to 3 bureaus in the Department of Homeland Security.

Immigration LawImmigration LawU.S. immigration functions are divided between three

Bureaus of the Department of Homeland Security:

1. USCIS: The Bureau of Citizenship and Immigration Services, which calls itself U.S. Citizenship and Immigration Services (USCIS) is responsible for most application and petition adjudications.

2. ICE: The Bureau of Immigration and Customs Enforcement is responsible for immigration investigations, detentions, removal, intelligence and SEVIS.

3. CBP: The Bureau of Customs and Border Protection is responsible for immigration inspections at U.S. ports of entry, for the Border Patrol, and Customs Service.

Some Important DefinitionsSome Important Definitions

Nonimmigrant – (also referred to as Alien) Nonimmigrant – (also referred to as Alien) someone who comes temporarily to the someone who comes temporarily to the U.S. for a particular, temporary purpose.U.S. for a particular, temporary purpose.

Immigrant – someone who has the right to Immigrant – someone who has the right to permanently live in the U.S.permanently live in the U.S.

Visa – the official documentation, usually a Visa – the official documentation, usually a stamp or page printed in a passport, stamp or page printed in a passport, authorizing entry into the U.S.authorizing entry into the U.S.

Some Important DefinitionsSome Important Definitions Status – the visa classification under which a Status – the visa classification under which a

nonimmigrant is permitted to remain in the U.S.nonimmigrant is permitted to remain in the U.S.

I-20 – Certificate of Eligibility for Nonimmigrant (F-I-20 – Certificate of Eligibility for Nonimmigrant (F-1) Student Status1) Student Status

DSO – Designated School Official, school official DSO – Designated School Official, school official authorized by USCIS to issue forms I-20. At APU authorized by USCIS to issue forms I-20. At APU these people are Anita Gunadi, Mary Grams and these people are Anita Gunadi, Mary Grams and Christine Yasment.Christine Yasment.

PDSO – Principal Designated School Official. At PDSO – Principal Designated School Official. At APU, this person is Mary Grams.APU, this person is Mary Grams.

Some Important DefinitionsSome Important Definitions SEVP – Student Exchange Visitor Program

Student Exchange Visitor Information System (SEVIS) – All F and J students are entered into this government database by the school DSO.

Beginning September 1, 2004, SEVP collects SEVIS fees – in most cases $100 – from F and J students and exchange visitors. This fee, which is mandated by Congress, is essential to the program’s continued viability and will provide additional outreach field officers to enhance coordination with SEVIS institutions.

Immigration Status for Immigration Status for International StudentsInternational Students

Students can enter APU to study on 2 Students can enter APU to study on 2 types of student visas:types of student visas:

F-1F-1

J-1J-1

F-1 Student F-1 Student An F-1 student is a nonimmigrant who is An F-1 student is a nonimmigrant who is

pursuing a “full course of study” to achieve pursuing a “full course of study” to achieve a specific educational or professional a specific educational or professional objective, at an academic institution in the objective, at an academic institution in the United States that has been designated by United States that has been designated by the Department of Homeland Security to the Department of Homeland Security to offer courses of study to such students, and offer courses of study to such students, and has been enrolled in SEVIS (the Student has been enrolled in SEVIS (the Student Exchange Visitor Information System). Once Exchange Visitor Information System). Once the educational or professional objectives the educational or professional objectives have been attained, the F-1 student is have been attained, the F-1 student is expected by the U.S. government to return expected by the U.S. government to return to his or her residence abroad.to his or her residence abroad.

F-1 Immigration Roles and F-1 Immigration Roles and RelationshipsRelationships

F-1 “status” involves various relationships between the government, private individuals, and educational institutions. Six principal entities are involved in the F-1 immigration process:

1. The Department of Homeland Security (DHS)2. The U.S. Department of State (DOS) 3. The U.S. School4. The Designated School Officials (PDSO, DSO)5. The Student6. The SEVIS Database and the SEVIS Help Desk


The Department of Homeland Security

DHS writes regulations and develops policies to implement the F-1 statute that establishes the parameters, procedures, conditions, benefits, duties and restrictions of the F-1 category.

DHS adjudicates I-17 petitions filed by schools that want to enroll F-1 students, and designates those schools whose petitions it approves.


The Department of Homeland Security

DHS inspects F-1 students when they apply for admission at a U.S. port of entry, and admits them into the United States in F-1 status if they are found admissible.

DHS adjudicates applications for certain benefits under F-1 regulations.

DHS manages the Student and Exchange Visitor Information System (SEVIS)


The Department of State (DOS)

DOS is responsible for the following in the F-1 process:

DOS issues F-1 visas, after performing all necessary clearances and establishing that the requirements for nonimmigrant status are met.


The U.S. school

The school has the following roles in the F-1 process:

The school, through the president, owner, or head, petitions for government approval to enroll F-1 students by filing Form I-17 through SEVIS. The school must prove that it is an established, bona fide school, that it has necessary facilities, personnel, and finances to conduct instruction in recognized courses, and that it is, in fact, engaged in instruction in those courses. Once it receives approval, it must undergo a recertification and site visit process every two years. School approval can be withdrawn by the government for “any valid and substantive reason.”


The U.S. school

The school, through the president, owner, or head, designates up to ten regularly employed members of the school administration to be “designated school officials” (DSO) who will have various official functions in the F-1 process.

The school, through the official responsible for admission, accepts the prospective student for enrollment in a “full course of study” that leads to the attainment of a “specific educational or professional objective.”


The U.S. school

The school provides a “full course of study” to the student.

The school complies with its recordkeeping and reporting obligations.


The Designated School Official (DSO)

The DSO has the following roles in the F-1 process:

The DSO is a regularly employed member of the school administration who is designated by the school to represent and speak for the school in F-1 student matters.

The DSO ensures institutional and individual compliance with the law, by learning and interpreting and applying laws and government policies pertaining to F-1 students.



On behalf of the school, the DSO issues and signs forms I-20, updates SEVIS, and assists in other immigration matters dealing with F-1 students. Only the DSO may sign forms I-20 and create and update records in SEVIS; the DSO may not delegate this responsibility to any other person.

The DSO ensures that the institution keeps records that are required to be kept, and that the institution complies with its reporting duties under SEVIS.



The DSO approves or recommends benefits for F-1 students and their families, and educates students and the school about their rights and obligations under F regulations.

Each designated school or campus must appoint one Principal DSO (PDSO) who, in addition to the above duties, functions as the principal contact between the government and the school. A school or campus may also appoint up to 9 additional DSOs.


The Student

The student plays a central role in the F-1 process:

The student signs the Student Certification on Form I-20 to indicate that he or she has read and understood the terms and conditions of F-1 status.

The student pursues a full course of study at the school that issued his or her Form I-20.


The StudentThe Student

The student follows the proper procedures to transfer schools, change educational levels, or extend his or her program.

The student engages in employment only when specifically authorized.


The SEVIS database and the SEVIS Help Desk

The SEVIS database receives, stores, and processes student and dependent data submitted by schools through the SEVIS Real-Time Interface (RTI) and the Batch Interface.

The SEVIS Help Desk assists SEVIS users with technical questions, and passes issues and questions that need policy resolution to the appropriate government agency.

Maintaining F-1 StatusMaintaining F-1 Status Students should report to the Designated School Students should report to the Designated School

Official (DSO) at the International Student Services Official (DSO) at the International Student Services (ISS) office to have their SEVIS record registered (ISS) office to have their SEVIS record registered in SEVIS in a timely fashion: no later than 30 days in SEVIS in a timely fashion: no later than 30 days after the program start date (new students in after the program start date (new students in Initial SEVIS status); and each semester Initial SEVIS status); and each semester thereafter, no later than 30 days after the each thereafter, no later than 30 days after the each next session start date (continuing students).next session start date (continuing students).

For the first entry for initial school attendance, the For the first entry for initial school attendance, the school listed on the F-1 visa and the I-20 must be school listed on the F-1 visa and the I-20 must be the same - that is the school where the student the same - that is the school where the student intends to enroll.intends to enroll.

Maintaining F-1 StatusMaintaining F-1 Status Register full-time at the school listed on the Register full-time at the school listed on the

currently valid Form I-20 during every academic currently valid Form I-20 during every academic session or session or semester except during official school except during official school breaks, or unless approved under a specific breaks, or unless approved under a specific exception, in advance, by the student’s DSO.exception, in advance, by the student’s DSO.

Make normal progress towards completing the Make normal progress towards completing the course of study, by completing studies before the course of study, by completing studies before the expiration of the program completion date on expiration of the program completion date on Form I-20.Form I-20.

Keep Form I-20 valid by following proper Keep Form I-20 valid by following proper procedures for extension of stay.procedures for extension of stay.

Maintaining F-1 StatusMaintaining F-1 Status Keep Form I-20 valid by following proper procedures

for change in educational levels or programs of study.

Keep Form I-20 valid by following proper procedures for transfer of schools.

Follow the F-1 grace period rules, including remaining in the U.S. for no longer than 60 days after completing a full course of study, unless before completing the course of study the student has followed procedures for applying for practical training, moving educational levels, or school transfer.

Maintaining F-1 StatusMaintaining F-1 Status Report a change of address to the DSO within 10

days of the change, so that SEVIS can be updated.

Follow the rules requiring disclosure of information and prohibition on criminal activity.

Follow any special requirements, such as Special Registration requirements.

Do not work either on or off-campus without permission from a DSO and U.S. immigration.

Adapted from NAFSA Adviser’s Manuals (2003 & 2004 releases)

J-1 Exchange Visitor Student J-1 Exchange Visitor Student

The J Exchange Visitor category was developed to implement the Mutual Educational and Cultural Exchange Act (Fulbright-Hayes Act) of 1961. The overall purpose of that Act, and the objective of the Exchange Visitor category, is “to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges.”

Parties Involved in the Exchange Parties Involved in the Exchange Visitor Program ProcessVisitor Program Process

The J Exchange Visitor Program consists of six principal parties:

1. The Department of State (DOS), which issues J visas to exchange visitors and their dependents,

designates exchange visitor program sponsors, and creates and administers federal regulations and policies governing the Exchange Visitor Program.

2. Exchange visitor program sponsors, which are legal entities that have applied for and received designation from the Department of State to conduct an exchange visitor program, have been enrolled in SEVIS, and which either directly offer the “program” in which the exchange visitor will participate, or which place the exchange visitor in an

appropriate program.


3. Responsible Officers (ROs) and alternate responsible officers (AROs), who are individuals who have been appointed

by an exchange visitor program sponsor to perform the duties set forth in regulations, and to represent the exchange visitor program sponsor.

4. Exchange visitors, who are aliens that have been selected by an exchange visitor program sponsor to participate in a particular exchange visitor program.


5. The immigration bureaus of the Department of Homeland Security, which manage SEVIS, admit an alien to the United States in J exchange visitor status and which adjudicate certain immigration benefits for J exchange visitors and their dependents.

6. The SEVIS database and the SEVIS Help Desk.

Categories of Exchange VisitorsCategories of Exchange Visitors

The statute does not use the term “category”, but rather gives examples of the kinds of activities anticipated and refers to “other persons of similar description,” thus allowing broad interpretation and inclusion. The DOS Exchange Visitor Program regulations create eight general categories of participant eligibility, based loosely on the statutory language:

Categories of Exchange VisitorsCategories of Exchange Visitors

1. Students (including secondary school students and students at post-secondary accredited educational institutions or institutes approved by or acceptable to the post-secondary institution where the student is to be enrolled)

2. Short-term scholars3. Trainees4. Teachers at primary or secondary schools5. Professors6. Research scholars7. Specialists8. Other persons of similar description

Maintaining J StatusMaintaining J Status

Exchange visitors maintain their J-1 status by engaging only in activities permitted under their program and category, filing timely and appropriate transfer and extension notifications, refraining from unauthorized employment, and maintaining required health insurance coverage.

Exchange visitors are at all times expected to maintain a valid DS-2019, a valid passport, and an I-94 marked D/S.

Essential Documents for Essential Documents for International StudentsInternational Students

SEVIS I-20 (for F-1)

This is the most commonly used immigration admissions document issued by Azusa Pacific University.

Students receive this document once their application has been accepted by APU and there is proof of financial viability.

They then go to a nearby U.S. Embassy or Consulate and obtain an F-1 student visa by submitting the I-20 as well as evidence of financial support and other required documents.


Once a student arrives in the United States at the Port of Entry (POE) they will need to present their I-20 to the U.S. immigration officer to be stamped.

Each time a student leave the US and reenters, they will need to present their I-20 at the POE. An updated signature from the DSO is needed on the I-20 to validate the student’s status.

It is imperative that the student not lose their I-20 since they need it throughout their stay at APU and in the United States.


DS-2019 (for J-1)

This is an immigration admission document issued by APU for research scholars, professors, and students with specific financial assistance.

Students go to a nearby U.S. Embassy or Consulate and obtain a J-1 student visa by submitting the DS-2019 as well as evidence of financial support and other required documents.

Upon arrival in the U.S. at the POE the DS-2019 is presented to the U.S. Customs officer to be stamped.


Passport

At all times while in the U.S. and when traveling, students must maintain a passport which is valid for at least six months.

If students have dependents, their passports must also be valid at least six months before the expiration date at all times.


Visa

Only secured outside the U.S. in order to gain entry, the visa is placed within the student’s passport.

The visa is only a border crossing permit used for single or multiple entries into the U.S.


Visa continued…

The expiration date indicated on the visa states that the student must enter the U.S. prior to this date. However, students are allowed to remain in the U.S. (even if the visa stamp has expired) as long as they remain in legal status and their I-94 is valid.

More information about on obtaining U.S. visa and policy procedure can be found at www.unitedstatesvisas.gov


I-94

This is the white arrival-departure card that student’s fill out as they enter the United States. It records the student’s entry date to the U.S., the type of visa they have, and when they must leave the U.S.

The I-94 is stapled into the student’s passport. It is imperative that students do not lose this document while studying in the U.S.


If the student’s I-94 has D/S (Duration of Status) written on it, they will be allowed to stay in the U.S. in full-time student status until they complete their studies (as stated on their I-20 or DS-2019).

Employment Regulations for International Students

Employment Opportunities for Employment Opportunities for International StudentsInternational Students

Employment opportunities for Employment opportunities for International students are strictly International students are strictly limited by regulations of the US CIS limited by regulations of the US CIS and the US DOS.and the US DOS.

Employment is available only to Employment is available only to students who are in good academic students who are in good academic standing and maintaining standing and maintaining nonimmigrant status.nonimmigrant status.

Student Employment on a F-1 VisaStudent Employment on a F-1 Visa

F-1 students may work part-time on F-1 students may work part-time on campus while classes are in session campus while classes are in session (up to 20 hours per week).(up to 20 hours per week).

They do not need special They do not need special authorization to work on campus.authorization to work on campus.

Off-campus Employment for Off-campus Employment for F-1 StudentsF-1 Students

Off-campus employment is limited to Off-campus employment is limited to F-1 students in colleges and F-1 students in colleges and universities who are pursuing universities who are pursuing academic studies (excluding English academic studies (excluding English language students).language students).

Off-campus employment always Off-campus employment always requires special authorization and is requires special authorization and is only available in certain situations.only available in certain situations.

Off-campus Employment for Off-campus Employment for F-1 Students…continuedF-1 Students…continued

Students who take part in internships, co-ops, and work experiences in their field of study while enrolled in classes or during a vacation period may qualify for a work experience called “curricular practical training” (CPT).

Students electing to work part-time in a job related to their program of study and it is not required for credit, the experience is usually considered to be “optional practical training” (OPT).


Employment through curricular and optional practical training requires special authorization from a foreign student advisor and is only available after a student has been studying full-time for at least 9 consecutive months; optional practical training also requires an Employment Authorization Document (EAD) from CIS.


Optional practical training is limited to 12 consecutive months per each academic level of study i.e. BA, MA, PhD.

During their studies, F-1 students may also be eligible to obtain special work authorization from CIS to work in internships with certain international organizations.


Students who have been in F-1 status for at least 9 months and who experience serious, unforeseen economic difficulties due to circumstances beyond their control may be eligible to apply to CIS for part-time work authorization with the assistance of their DSO.

Working After Completion of Working After Completion of Studies F-1 StudentsStudies F-1 Students

Students who have completed their course of study, or everything except the thesis or dissertation, may be employed full-time in the field of study through “optional practical training.” One year of full-time optional practical training authorization is usually available.

Student Employment on a J-1 VisaStudent Employment on a J-1 Visa

J-1 students may work part-time on J-1 students may work part-time on campus while classes are in session campus while classes are in session (up to 20 hours per week).(up to 20 hours per week).

J-1 students need written J-1 students need written authorization from the Responsible authorization from the Responsible Officer (RO) of their exchange visitor Officer (RO) of their exchange visitor program.program.

Off-campus Employment for Off-campus Employment for J-1 StudentsJ-1 Students

Exchange visitor students who are in good academic standing may be eligible to obtain authorization for work off-campus as part of an academic training experience or when unforeseen economic circumstances arise after the student becomes an exchange visitor.

Employment as a result of unforeseen economic circumstances is limited to 20 hours per week while classes are in session but can be full-time during vacation periods and breaks.

Off-campus Employment for Off-campus Employment for J-1 Students…continuedJ-1 Students…continued

Any employment requires prior written authorization from the exchange program responsible officer.

Employment done as academic training during the course of study is subtracted from the total amount of academic training eligibility after graduation.

Working After Completion of Working After Completion of Studies J-1 StudentsStudies J-1 Students

J-1 students may also pursue academic training opportunities after their studies. In general, they are limited to 18 months of academic training unless:

1. Their program of study is less than 18 months, in which case their academic training period cannot be longer than their course of study.

2. They are pursuing postdoctoral training, in which case they may be eligible for up to two 18 month periods of academic training.

3. They have used periods of academic training earlier in their studies.

Working After Completion of Working After Completion of Studies J-1 StudentsStudies J-1 Students

Academic training must be recommended by the student’s Dean or major advisor and authorized by the responsible officer of the student’s exchange visitor program.

Other Employment InformationOther Employment Information

Student Assistantships are considered “on-Student Assistantships are considered “on-campus employment” and therefore count campus employment” and therefore count towards the 20 hour per week limit.towards the 20 hour per week limit.

During vacation periods and academic During vacation periods and academic breaks, international students may work breaks, international students may work full-time on campus under the same full-time on campus under the same authorization rules if they are returning to authorization rules if they are returning to classes the following term.classes the following term.

Students may not work on campus after Students may not work on campus after completing their course of study.completing their course of study.

Permanent Employment Permanent Employment OpportunitiesOpportunities

Some students may decide to remain in the United States to continue working after their optional practical training or academic training period has ended.

To do so requires changing from F-1 or J-1 status to another type of nonimmigrant or immigrant classification – the most common being the H status (nonimmigrant) and Lawful Permanent Resident status (immigrant).

Permanent Employment Permanent Employment OpportunitiesOpportunities

The H classification (usually H-1B, Specialty Occupations) and employment-based permanent resident petitions almost always require a job offer from a U.S. employer and a CIS application signed by the employer.

For students, job conditions, current work eligibility, and their desire to become a permanent resident in the United States may determine which type of classification would be most appropriate for them.

Thank you!Thank you!

Thank you for attending this Thank you for attending this workshop. I hope you found it to be workshop. I hope you found it to be educational and informative. God educational and informative. God bless you as you work with bless you as you work with International students.International students.

You can reach me at: You can reach me at: [email protected]@verizon.net

SourcesSources

Azusa Pacific University (2004). Pre-arrival information packet for international students.

Chin, H. K. (2002). Open doors report on international education. Institute of International Education. New York, NY.

Fosnocht, D. J. (Editor), 2004. NAFSA Adviser’s Manual. Copyright Clearance Center. Danvers, MA.

NAFSA: Association of International Educators (2001). NAFSA’s International Student Handbook. Washington, DC.