Ibrahim Gardner
International students on an F or J visa in the United States must follow federal requirements to maintain their legal immigration status. Failure to comply with these requirements can result in termination of their F or J status, which has serious consequences for the student's legal status. This can be due to several reasons, including failing to enroll full-time, working without authorization, or staying in the US for too long after losing status. Students who lose their status may be able to regain it through re-issuance and re-entry or reinstatement, but it is not guaranteed, and there are risks associated with each option. Reinstatement involves submitting an application to the US Citizenship and Immigration Services (USCIS), while re-issuance and re-entry require obtaining new immigration documents and traveling abroad.
| Characteristics | Values |
|---|---|
| Reasons for losing status | Lack of full-time enrollment, letting I-20 expire inappropriately, working without proper authorization, not attending classes, not maintaining normal academic progress, working more than 20 hours on campus during the fall or spring semester, not obtaining approval for a reduced course load, not completing a required immigration check-in, not completing a change of educational levels within 60 days of completing a previous degree program, not applying for a program extension before I-20 expired, not completing a dissertation by the end date of OPT or STEM OPT EAD, not leaving the US within 60 days of completing a degree program, not completing the transfer procedure within 15 days of the start of the semester |
| Reinstating status | Schedule an appointment with an International Student Services (ISS) advisor, submit an online I-20 request, provide financial documentation, submit a reinstatement application to U.S. Citizenship and Immigration Services (USCIS), pay the Form I-539 filing fee, travel and re-entry |
| Travel and re-entry | Obtain a new I-20 form with a new SEVIS ID, pay the SEVP I-901 fee, apply for a new visa, be aware of the risk of not being allowed to re-enter the US |
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What You'll Learn
Reasons for losing international student status
International students on an F or J visa in the United States have federal requirements that must be followed to maintain their legal immigration status. Failure to comply with these requirements will result in the termination of their F or J status.
Some of the reasons for losing international student status include:
- Failure to enroll full-time in in-person courses for a semester.
- Working without proper authorization.
- Working more than 20 hours on campus during the fall or spring semester.
- Working off-campus without obtaining approval.
- Failing to apply for a program extension before the current I-20 expired.
- Failing to complete a creative component/dissertation by the end date of OPT or STEM OPT EAD.
- Allowing the I-20 form to expire inappropriately.
- Failing to leave the US within 60 days of completing the degree program.
- Failing to complete the transfer procedure within 15 days of the start of the semester.
- Failing to maintain a full course of study each term.
If an international student loses their status, they may be able to regain it through re-issuance and re-entry or reinstatement. Reinstatement is an option for students who lost their status due to circumstances beyond their control, such as serious injury or illness, a natural disaster, or inadvertence on the part of their ISS adviser. Students seeking reinstatement must meet with an ISSS advisor to discuss their options.
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How to avoid losing international student status
International students can lose their status for a variety of reasons, including breaking immigration rules, not being enrolled full-time, or working without authorization. To avoid losing your status, it is important to understand the requirements and regulations of your student visa. Here are some ways to maintain your international student status:
Enroll Full-Time
In many countries, international students are required to be enrolled full-time during each academic semester to maintain their student status. Failing to do so could result in losing your status. If you are unable to study full-time for any reason, be sure to contact your designated school official (DSO) or international student adviser for guidance.
Maintain Academic Progress
International students are expected to maintain satisfactory academic progress and attend all their classes. If you are struggling academically or finding it difficult to attend classes, seek help from your DSO or the relevant support services at your institution.
Work Only with Authorization
Working without proper authorization is a common reason for international students to lose their status. In the US, for example, F-1 students can only work when authorized by a DSO or U.S. Citizenship and Immigration Services (USCIS). 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. Always check the regulations in your host country before taking up employment.
Keep Documentation Up to Date
Ensure that you have valid and up-to-date documentation, including visas, passports, and any other required permits or certificates. Keep copies of important documents and emails, including those related to your travel bookings and entries to and from the country. This is especially important if you need to prove your student status or apply for an extension.
Comply with Immigration Rules
As an international student, you must comply with the immigration rules and regulations of your host country. This includes keeping the relevant authorities informed about changes to your personal circumstances and seeking advice if you have any concerns about your immigration status. Remember that criminal convictions or non-custodial sentences, such as fines or driving disqualifications, can impact your immigration status and future applications.
By being proactive and staying informed about the requirements and regulations of your student visa, you can help ensure that you maintain your international student status and have a successful academic experience in your host country.
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Reinstatement of international student status
International students in the United States on an F-1 visa may lose their status due to breaking immigration rules, such as failing to maintain a full course load, allowing their I-20 form to expire, or working without proper authorization. To regain their status, students can apply for reinstatement by submitting an application to the United States Citizenship and Immigration Services (USCIS). The application must include an explanation for the loss of status and any extenuating circumstances, along with supporting documentation and financial proof. The application process typically takes between 5 to 12 months and costs $370, with an additional $85 biometrics fee. Students should apply for reinstatement as soon as possible, ideally within 5 months of losing their status, as delays may impact their eligibility for benefits associated with F-1 status.
Alternatively, students can choose to travel abroad and re-enter the US with a new I-20 form and visa, if applicable. This option, however, may not be feasible for certain offenses, such as working without authorization. Students considering this option should be mindful of US immigration laws, which impose re-entry bans for individuals who have overstayed their visas by more than 180 days or 1 year. These bans can be lifted if the student is reinstated within the US.
To maintain their F-1 status, students must adhere to specific requirements. They must enter the US no more than 30 days before their program of study begins and maintain regular contact with their Designated School Official (DSO). During their studies, F-1 students must attend all classes, maintain satisfactory academic progress, and continue to enroll in a full course of study each term. Failure to do so may result in the loss of their F-1 status and the need for reinstatement.
It is important to note that reinstatement is not guaranteed, and students should carefully review the eligibility criteria and consult with their DSO or an immigration attorney before initiating the process. Students who are denied reinstatement will be required to leave the US immediately.
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Travel and re-entry for international students
International students in the United States on an F-1 visa must take steps to maintain their legal status. Failure to do so may result in losing their status, which means they no longer have a valid immigration status in the US. Common reasons for losing F-1 status include a lack of full-time enrolment, improper work authorization, or allowing the I-20 form to expire.
To maintain their status, F-1 students must fulfil the purpose for which the Department of State issued their visa. They must follow regulations, attend all classes, maintain academic progress, and maintain a full course of study each term. Students must also ensure their records in the Student and Exchange Visitor Information System (SEVIS) are up-to-date and in Active status. Before travelling abroad, students should check in with their Designated School Official (DSO) and ensure their Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status", is signed and up-to-date.
When travelling and re-entering the US, F-1 students must carry specific documents, including a valid passport (valid for at least six months beyond the re-entry date), a valid F-1 visa, and a Form I-20 with a valid travel signature. Additionally, financial support documents and proof of sufficient funds for living expenses may be required. It is important to note that US immigration policies are subject to rapid change, and renewing an expired visa may result in delays and uncertainty.
If an F-1 student loses their status, they may be eligible to apply for reinstatement by providing reasons for the loss of status and requesting reactivation. Students can work with their International Student Services (ISS) advisor to discuss their options and submit a reinstatement application to the United States Citizenship and Immigration Services (USCIS). If reinstatement is denied, students must prepare to leave the US immediately.
For those who choose the travel and re-entry option after losing their status, they will be considered initial status students. This affects their eligibility for Optional Practical Training or Curricular Practical Training. Additionally, they will be required to complete one academic year before becoming eligible to apply for off-campus employment.
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International students and working
International students in the United States on F-1 visas are permitted to work on-campus up to 20 hours per week when school is in session. This includes working in locations that are educationally affiliated with the school, such as a university bookstore or cafeteria. To apply for on-campus employment, students must first consult their Designated School Official (DSO) and obtain a letter of approval. This letter, along with a letter of approval from the employer, is then used to apply for a Social Security Number (SSN).
After the first academic year, F-1 students may engage in off-campus employment under certain conditions. To be eligible for off-campus employment, students must first prove that they are experiencing economic hardship and receive approval from their DSO. Students must then file a Form I-765, "Application for Employment Authorization," with U.S. Citizenship and Immigration Services (USCIS) within 30 days of receiving their DSO's recommendation. If approved, USCIS will issue a Form I-766, "Employment Authorization Document" (EAD), outlining the dates that the student is authorized to work off-campus.
It is important to note that working without authorization can result in severe consequences, including immediate departure from the United States and potential bans on re-entry. F-1 students must also maintain their status by fulfilling the purpose for which their visa was issued, which is to study. This includes maintaining full-time enrollment and making normal academic progress.
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Frequently asked questions
Losing status means that an international student's visa is no longer valid, and they have no legal immigration status in the country.
Students can lose their status by breaking immigration rules, such as working without authorization, not enrolling full-time, or overstaying their visa.
If an international student loses their status, they should consult with an International Student Advisor or an immigration attorney to discuss their options, which may include applying for reinstatement or travelling and re-entering the country with new documentation.
To regain their status, students may need to apply for reinstatement, which involves submitting an application and supporting documentation to the relevant immigration authorities. Alternatively, they may need to travel and re-enter the country with new documentation, such as a new visa or I-20 form.
