International Students And Tps: Who's Eligible?

The Tuition Protection Service (TPS) is an Australian Government initiative that assists international students on student visas in the event of an education provider default or a student default. In the United States, TPS refers to Temporary Protected Status, which is a humanitarian grant from the U.S. government that allows eligible individuals to remain in the country for a specified period, typically 1 year or 18 months. F-1 international students are eligible for TPS and can maintain dual status, but they should be cautious about violating the terms of their student visas through employment.

F-1 international students can apply for TPS without losing their F-1 status

To apply for TPS, eligible individuals must file Form I-821, Application for Temporary Protected Status. This form can be filed online, and there is no fee for this application. Additionally, applicants may be eligible to apply for a TPS-related Employment Authorization Document (EAD) by submitting a completed Form I-765, Request for Employment Authorization, at the same time as filing Form I-821.

It is important to note that receiving a TPS-related EAD does not change the rules limiting employment for F-1 students. F-1 students who have been granted TPS must still comply with the requirements for maintaining their F-1 status, including enrolling in a full course of study. Working on a TPS-related EAD may affect an F-1 student's status, so it is recommended that they discuss this with their Designated School Official (DSO) and/or an immigration attorney before choosing to work using a TPS-related EAD.

F-1 students who are experiencing severe economic hardship may request off-campus employment authorisation by filing an I-765, Application for Employment Authorisation. This process is separate from the TPS application process, and eligibility for off-campus employment authorisation does not impact F-1 status.

TPS allows dual status, meaning F-1 students don't have to abandon their visas

F-1 students can apply for Temporary Protected Status (TPS) and do not need to abandon their visas to do so. This is because TPS allows dual status, unlike other nonimmigrant visa categories where applicants must choose one visa status over the other (e.g. changing from F-1 status to H-1B).

F-1 students who have been granted TPS must still comply with all requirements for maintaining their F-1 status, including enrolling in a full course of study. If F-1 students wish to benefit from Special Student Relief (SSR), they must first receive approval from their designated school official, who must then update the Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status" certifying their eligibility.

SSR is the suspension of certain regulatory requirements for F-1 students due to emergent circumstances as determined by the Secretary of the U.S. Department of Homeland Security (DHS). It suspends restrictions related to on- and off-campus employment and alters full-course study requirements for eligible F-1 students.

F-1 students who are citizens of Afghanistan, Burma/Myanmar, Cameroon, Ethiopia, Haiti, Lebanon, Palestine, and Venezuela have been granted SSR by the Department of Homeland Security.

F-1 students can work in any position with a TPS-issued EAD card

F-1 students can work in any position with a TPS-issued Employment Authorization Card (EAC), also known as an Employment Authorization Document (EAD). However, they must continue to comply with the eligibility requirements of their F-1 status, including enrolling in a full course of study.

To obtain a TPS-issued EAD, F-1 students must first apply for Temporary Protected Status (TPS) by filing Form I-821, Application for Temporary Protected Status, with the required evidence and filing fees. Eligible individuals include those who are eligible nationals of certain countries or individuals without nationality who last habitually resided in those countries.

Once TPS is granted, F-1 students can request an EAD by submitting a completed Form I-765, Application for Employment Authorization. It is recommended that F-1 students consult with their Designated School Official (DSO) and/or an immigration attorney before working on a TPS-related EAD to understand how employment may affect their F-1 status.

It is important to note that receiving a TPS-issued EAD does not alter any rules limiting employment for F-1 students. F-1 students must still comply with all requirements for maintaining their F-1 status, and working on a terminated EAD can have serious consequences, including removal from the country and re-entry bars.

F-1 students can request off-campus employment authorisation due to economic hardship

F-1 students can request off-campus employment authorisation if they are experiencing severe economic hardship as a result of unforeseen circumstances. This includes the loss of financial aid or on-campus employment (if the student is not at fault), substantial fluctuations in the value of currency or exchange rate, inordinate increases in tuition or living costs, or unexpected changes in the financial condition of the student's source of support.

To request off-campus employment authorisation, F-1 students must file Form I-765, Application for Employment Authorisation, and pay a fee to U.S. Citizenship and Immigration Services (USCIS). They must also include a specially endorsed Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," signed by a Designated School Official (DSO). The DSO must recommend the student for off-campus employment on the Form I-20 and ensure that the student understands the guidelines for off-campus employment.

It is important to note that receiving Temporary Protected Status (TPS) or a TPS-related Employment Authorisation Document (EAD) does not alter any rules limiting employment for F-1 students. F-1 students considering working on a TPS-related EAD should consult with their DSO and/or an immigration attorney to discuss how employment could affect their F-1 status.

USCIS makes case-by-case decisions for off-campus employment authorisation and will only grant authorisation if the student can demonstrate that the employment is necessary to avoid severe economic hardship. USCIS may grant severe economic hardship EADs in 1-year intervals, up to the expected date of completion of the student's current course of study.

TPS is an Australian Government initiative to assist international students in the event of a provider default

The Australian Government has introduced the Tuition Protection Service (TPS) to support international students in the event of a provider default. This initiative ensures that international students on student visas are protected if their education provider fails to meet its obligations.

A provider default occurs when an education provider closes, fails to start a course, or discontinues a course that students are already enrolled in. In such cases, the TPS steps in to assist students in completing their course of study. It is important to note that a student default can also trigger the need for TPS support.

The TPS calculates the refund amount for students by considering their course fees and evidence of payments made to the education provider. Students are encouraged to submit documents such as receipts, bank statements, and student records to support this process. The TPS also provides information about health and wellbeing support for international students, demonstrating its commitment to holistic assistance.

International students with F-1 visas should be aware of the specific considerations regarding TPS. Firstly, F-1 students can maintain their visa status while applying for TPS, allowing for dual status. Secondly, F-1 students who work using a TPS-related Employment Authorization Document (EAD) may inadvertently violate the terms of their student visa, which could lead to complications. Consulting with a Designated School Official (DSO) or an immigration attorney is recommended to navigate this complex situation effectively.

In summary, the Australian Government's TPS initiative provides a valuable safety net for international students facing provider or student defaults. It helps ensure the completion of their studies and protects their financial investments. By offering support and resources, the TPS contributes to Australia's reputation for quality education and student welfare.

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