International Student Services: Understanding Sevis Termination

Termination of a student's SEVIS (Student and Exchange Visitor Information System) record is a serious matter that can have significant negative consequences for the student's legal status and ability to remain in the United States. SEVIS termination typically indicates a loss of legal student status, and students are often required to make immediate plans to depart the country. The process of obtaining a new SEVIS record can be challenging, and maintaining compliance with immigration regulations is crucial to avoid termination and ensure the ability to stay in the country, attend school, and maintain work authorization. International students must work closely with their university's international student services to navigate these complex situations and understand the potential impacts on their visa, education, and employment prospects.

SEVIS termination means a student is out of status and must leave the US

SEVIS, or the Student and Exchange Visitor Information System, is a tool used by the US government to monitor students and exchange visitors during their time in the country. A SEVIS termination indicates that a non-immigrant student no longer maintains their F or M status. F and M status students are those who are enrolled in academic or vocational courses of study or training in the US.

A SEVIS record can be terminated by Designated School Officials (DSOs) for F-1/M-1 students and/or F-2/M-2 dependents who do not maintain their status. This could be due to a number of reasons, including failing to maintain status, early withdrawal, or incorrect information. Termination can also occur if a student loses their employment authorization or is investigated by Immigration and Customs Enforcement (ICE) agents.

If a student's SEVIS record is terminated, they are considered "out of status" and must take steps to regain their status. This may involve leaving the US and re-entering on a new Form I-20, which restarts their F-1 or M-1 status and benefits. Students may also need to pay the I-901 SEVIS fee again and apply for a new F-1 student visa if their current one is no longer valid.

It is important to note that a SEVIS termination does not always indicate negative behaviour. DSOs can terminate records for several normal, administrative reasons. However, any employment after a SEVIS termination is considered unauthorized, and students will lose all work authorization privileges connected to their F-1 status.

A DSO can terminate a student's SEVIS record for administrative reasons

A DSO (Designated School Official) can terminate a student's SEVIS record for several administrative reasons. SEVIS, or the Student and Exchange Visitor Information System, is used to monitor and manage records for nonimmigrant students and exchange visitors in the United States.

DSOs typically terminate the records of F-1/M-1 students or F-2/M-2 dependents who fail to maintain their status. However, termination is not always negative, and there are a variety of normal, administrative reasons for termination. For example, a DSO may terminate an F-2 or M-2 record independently of the primary F-1 or M-1 student.

Some specific scenarios that may lead to a DSO terminating a student's SEVIS record include:

• The student loses all on- and/or off-campus employment authorization.
• The student fails to maintain their F or M status, which is required for certain types of visas.
• The student is no longer enrolled at the school or has transferred to another institution.
• The student has completed their program and is no longer actively studying at the school.
• Disciplinary action or a change in the student's status, such as withdrawal or expulsion.

It is important to note that the specific termination reasons may vary depending on the school and the individual student's circumstances. DSOs must select the appropriate termination reason from a drop-down list and provide additional comments or explanations if needed.

Students can lose work authorization privileges connected to their F-1 status

Students on an F-1 visa may be eligible to work off-campus in certain situations, such as severe economic hardship or special student relief. However, they must first be enrolled for at least one academic year, be in status, and in good academic standing. The student must also be unable to obtain on-campus employment, or the pay from available on-campus employment must be insufficient to meet their financial needs. The student must also show that working will not adversely impact their ability to attend school full-time and maintain their academic standing.

To apply for off-campus employment, the student must first receive a recommendation from a Designated School Official (DSO) on the Certificate of Eligibility for Nonimmigrant Student Status (Form I-20). The student must then file an Application for Employment Authorization (Form I-765) and pay a fee to the US Citizenship and Immigration Services (USCIS). If the application is approved, the student will receive an Employment Authorization Document (EAD, Form I-766) from USCIS and can begin working. It is important to note that approval for off-campus employment is typically granted for one year.

In the case of a SEVIS termination, students will lose all work authorization privileges connected to their F-1 status. Any employment after SEVIS termination, regardless of the capacity, is considered unauthorized. To regain work authorization, students may need to take several steps, including working with the Dean of Students Office to regain admission, submitting the necessary financial information, and applying for a new F-1 student visa if their current one has expired or is no longer valid due to the circumstances of their termination.

It is also important to note that F-1 students who remain in the US after a SEVIS termination may be eligible for reinstatement to F-1 status. However, this option is not available for students who have been suspended, dismissed, or expelled, and the reinstatement process is not guaranteed. Students must apply for reinstatement within five months of their termination date and maintain their non-immigrant status by taking steps such as changing their status or enrolling in a new program.

Students can apply for reinstatement to F-1 status if they remain in the US

Students who have had their SEVIS record terminated can apply for reinstatement to F-1 status if they remain in the US. This option is not available for students who have been suspended, dismissed, or expelled. Students must apply for reinstatement within five months of their SEVIS record termination date. If students remain in the US without changing their status or making efforts to maintain their current student status, US immigration authorities may deem them 'out of status' or failing to maintain their non-immigrant status.

The reinstatement process is not guaranteed and can take a long time, with some applications taking up to a year to be processed. If a student leaves the US while their reinstatement application is pending, their application is considered abandoned. If a student's reinstatement request is denied, they will be required to depart the US immediately.

To apply for reinstatement, students must submit their application to USCIS either online or by mail. The application must include:

• Form I-539 (with "REINSTATEMENT" written at the top)
• Form I-539 filing fee (paid by money order, personal check, cashier's check, or credit card using Form G-1450)
• Photocopies of all previously-issued I-20s
• Original I-94 (the white card stapled inside the passport) or I-94 printout
• Photocopy of the new Reinstatement I-20 signed by the ISS adviser
• Evidence of the source and amount of financial support for two semesters, or the amount remaining in the program
• A letter requesting reinstatement to F-1 student status, explaining the student's situation and stating that the failure to maintain status was due to circumstances beyond their control, such as a reduction in course load

Students can be denied re-entry to the US if they have a terminated SEVIS record

A terminated SEVIS record can have significant implications for international students in the United States, including denial of re-entry into the country. The Student and Exchange Visitor Information System (SEVIS) is a crucial component of the US immigration system, facilitating the monitoring of nonimmigrant students and exchange visitors.

SEVIS records are typically terminated when a student no longer maintains their F or M status. Designated School Officials (DSOs) are responsible for terminating F-1/M-1 students and/or F-2/M-2 dependents who fail to maintain their status. However, it's important to note that termination is not always due to negative reasons; DSOs may also terminate records for normal administrative purposes.

When a student's SEVIS record is terminated, they lose their on- and off-campus employment authorization. Additionally, they cannot re-enter the United States using the terminated SEVIS record. Immigration and Customs Enforcement (ICE) agents may investigate to confirm the student's departure. As such, students with terminated SEVIS records should not attempt to re-enter the US without taking the necessary steps to resolve their status.

To regain entry to the US, students with terminated SEVIS records must take proactive measures. They may need to work with the Dean of Students Office to seek readmission to their educational institution. Additionally, they will be required to submit the International Student Certification of Finances form and pay the SEVIS fee again, as they will have a new SEVIS record. Obtaining a new visa may also be necessary, depending on the student's country of citizenship and the circumstances surrounding the termination.

In some cases, students may be eligible for reinstatement to F-1 status if they choose to remain in the US. However, this option is not available for students who have been suspended, dismissed, or expelled. The reinstatement process has specific requirements and timelines that must be adhered to. Students must act promptly, as the likelihood of a successful reinstatement decreases if more than five months have passed since the record was terminated.

Frequently asked questions