Douglas Olsen
International students in the United States on an F or M visa must maintain their status by fulfilling the purpose for which the visa was issued. F-1 students, for example, must maintain full-time enrollment and may only work when authorized. Failure to do so can result in losing one's status, which means the student no longer has a legal immigration status in the US. There are options for reinstating one's status, such as applying for reinstatement or travelling and re-entering the US on a new visa, but these options may not always be available or successful, and the consequences of remaining in the US without legal status can be severe.
| Characteristics | Values |
|---|---|
| F-1 student status | Students lose their F-1 status if they do not maintain their student status, e.g. by not enrolling full-time, letting their I-20 expire, or working without authorization |
| SEVIS status | Students are considered "out of status" if their SEVIS record is terminated or expires |
| Visa status | Students can accrue "unlawful presence" if they overstay their visa and will not be allowed entry into the country |
| Reinstatement | Students may be eligible to apply for reinstatement of their F-1 status through USCIS, but must do so within 5 months of losing their status and meet other criteria |
| Travel | Students can regain their F-1 status by travelling and re-entering the U.S. with a new Form I-20, but this is not guaranteed and may require a new visa |
| Marriage | Marriage to a U.S. citizen can waive overstaying years, but marriage to a green card holder does not |
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What You'll Learn
Working without authorization
International students in the US on an F-1 visa are generally permitted to work off-campus in Optional Practical Training (OPT) status during and after completion of their degree. However, this requires prior authorization from the U.S. Citizenship and Immigration Services (USCIS) and the student's school's International Student Office. To be eligible, students must have been enrolled for at least 9 months and must have completed at least one full academic year. The authorization is valid for one year, and students must apply for a continuation six or more months before it expires.
Curricular Practical Training (CPT) is another off-campus employment option for F-1 students, but it is more restrictive. CPT employment must be an integral part of the student's curriculum or academic program, and the student can only work for a specific employer on specific dates. Prior authorization from the school's International Student Office and notification to USCIS is required.
For both F-1 and M-1 students, any off-campus training employment must be related to their area of study and must be authorized by the Designated School Official (DSO) and USCIS before starting work. M-1 students are not eligible for employment during their program of study but may obtain authorization for practical training employment after completion of their vocational program.
It is important to note that international students on an F or M visa must maintain their student status, which means fulfilling the purpose for which the visa was issued. Working without authorization can be considered a violation of this status and can lead to serious consequences.
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Not maintaining a full course load
International students in the United States on an F-1 visa are required to maintain a full course load each term to keep their F-1 status. An F-1 student enrolled in classes for credit or classroom hours may only count one class or three credits (or the equivalent) per academic session toward the full course of study requirement.
F-1 students can request a reduced course load (RCL) if they are having academic difficulties, a temporary illness or medical condition, or need fewer courses than a full course load in their last term to complete the program of study. To do this, they must obtain authorization from their designated school official (DSO) before dropping to a reduced course load. Students who drop below a full course of study without the prior approval of the DSO are considered out of status. This immigration violation could result in SEVIS termination and other serious consequences.
Students can submit a request for an RCL by clicking "Authorize to Drop Below Full Course" on the Student Information page. They must then enter any updates relevant to the RCL authorization, including the reason for their request. An asterisk (*) indicates required fields. Once the request is submitted, the DSO will review the information and either authorize or deny the request. If the DSO approves the request, they will submit an action in SEVIS called "Authorize to Drop Below Full Course." This authorizes the RCL for one term, which the DSO may extend to the following term if needed and if the student is still eligible.
If an F-1 student falls out of status, they may be able to regain status by travelling and re-entering the U.S. to obtain lawful status. However, there is no guarantee that they will be issued a new visa or permitted to re-enter the country. Another option is to apply for F-1 Visa Status Reinstatement through U.S. Citizenship and Immigration Services (USCIS). To be eligible for reinstatement, the student must not have been out of status for more than five months at the time of filing the request and must have remained inside the U.S. They also must not have a record of repeated or willful violations of USCIS regulations and must be pursuing or intending to pursue a full course of study in the immediate future.
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Failing to report to the school that issued your I-20/DS-2019
International students in the United States on an F-1 visa are required to maintain their student status. This means fulfilling the purpose for which the Department of State issued the visa and following the associated regulations.
One way for an international student to fall out of status is by failing to report to the school that issued their Form I-20/DS-2019. The Form I-20, or "Certificate of Eligibility for Nonimmigrant Student Status", is a crucial document for F and M students studying in the United States. It is issued by a Designated School Official (DSO) at the school the student plans to attend and must be obtained before entering the country. The form includes important information such as the student's program start date and SEVIS Identification Number.
Upon arriving in the United States, students must immediately contact their DSO and confirm their arrival no later than the program start date listed on the Form I-20. Failure to do so can result in the student falling out of status. Additionally, students are required to maintain regular contact with their DSO throughout their studies, especially if they plan to make any significant changes, such as changing their major, transferring to a new school, or taking a leave of absence.
If an international student fails to maintain their F-1 status due to not reporting to their school, they may be able to apply for reinstatement. This process involves speaking with an International Student Advisor to assess eligibility, gathering the required documentation, and submitting an application to the United States Citizenship and Immigration Services (USCIS). However, it is important to note that reinstatement is not guaranteed and processing times can vary. While the application is pending, students must maintain full-time enrollment but are not eligible for F-1 student benefits.
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Travelling outside the US
International students on an F or M visa are expected to maintain their student status while in the United States. This means that their primary purpose for being in the country is to study. F and M students must fulfil the purpose for which the Department of State issued their visa and follow the associated regulations.
F-1 students should speak with their Designated School Official (DSO) if they are planning to travel outside the United States. M-1 students should also consult their DSO before travelling. The DSO works in the International Student Office. Students must ensure that their SEVIS record is accurate and up-to-date, and that their DSO has signed their Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status”, within the last year. This form must be endorsed for travel. Students should also make sure they have their DSO’s most up-to-date contact information, including a 24-hour emergency phone number.
Students should also ensure their passport is valid for at least six months after the date of their re-entry to the US. M-1 students should bring their most recent Form I-94, “Arrival/Departure Record”. It is recommended that students hand-carry these documents and do not put them in checked baggage.
If students have an expired visa and a terminated record, SEVP advises them not to travel outside the United States until their SEVIS record shows they are in Active status. If they do travel, they may not be able to renew their visa or return to the US.
Students with a pending Form I-485 have abandoned their application if they depart the US without permission from USCIS. CBP may also consider them ineligible to return to the US as an F-1 student because their application to change status indicates an intention to immigrate, which is inconsistent with nonimmigrant student status.
If a student has a pending practical training application, it is not recommended that they leave the US. USCIS may send a request for evidence while they are travelling, and they are expected to be able to send the requested documents.
If a student has a pending F-1 visa status reinstatement application, travel outside the US may be considered abandonment of the application. Students must meet with an ISSS advisor before travelling.
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Transferring to a new school
International students in the US may consider transferring schools for various reasons, including cost, academic preparedness, or a school not being a good fit. Transferring schools can be a complex process, and maintaining legal status is crucial to avoid becoming "out of status". Here are some essential guidelines for transferring to a new school as an international student:
Understanding the Transfer Process:
The transfer process typically involves two components: Academic Transfer and Immigration Transfer. Academic Transfer focuses on evaluating and transferring credits earned at the current institution to determine eligibility for the desired program at the new school. Immigration Transfer involves updating and transferring your Student and Exchange Visitor Information System (SEVIS) record, which is crucial for maintaining legal status as an international student.
Choosing the Right Time to Transfer:
Transfer release dates are important. If transferring in the middle of a semester, students must continue attending classes at the current school until the SEVIS release date. It's advisable to avoid travelling outside the country during the transfer process. Any student work authorisations, such as Optional Practical Training (OPT), will be cancelled on the transfer release date.
Working with Designated School Officials (DSOs):
DSOs play a vital role in the transfer process. They help maintain legal status and guide students through the necessary steps. F-1 students must work closely with the DSO at their current school to initiate the transfer process and request the release of their SEVIS record (I-20) to the new school. The DSO at the new school will then process the information and create the necessary records.
Meeting Transfer Requirements:
International students should research the minimum entry requirements, application deadlines, and international college credit transfer policies of their desired schools. Requirements may vary, and some schools may have specific English proficiency or admissions exam requirements. It is essential to gather the required documents well in advance, as this process can be time-consuming.
Exploring Transfer Options:
International students have several transfer options, including transferring from a local university outside the US, from a US two-year community college to a four-year institution, or between four-year US universities. Community colleges often provide a more affordable pathway to a bachelor's degree and offer more flexibility in terms of admission requirements.
In summary, transferring schools as an international student requires careful planning, maintaining legal status, and working closely with designated school officials. By following the guidelines outlined above, international students can navigate the transfer process effectively and pursue their academic goals at their desired institutions.
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Frequently asked questions
The F or M student visa is a nonimmigrant visa that allows the holder to enter the United States as a full-time student. F-1 students enrol in traditional academic programs, while M-1 students enrol in vocational programs.
Working without authorization can result in immediate removal from the United States and may impact your ability to re-enter the country at a later date.
The requirements include reporting to the school that issued your I-20/DS-2019 by the designated date, maintaining a full course load, making normal progress toward your degree, and not working off-campus without permission.
If an international student violates their status, they may be considered "out of status" and may be required to leave the country. They may also need to apply for reinstatement of their visa status or change their visa category.
To regain F-1 status, students must file a request for reinstatement with USCIS and demonstrate that they meet the eligibility criteria, including not having a record of repeated violations and intending to pursue a full course of study.
