Douglas Olsen
International students can fall out of status for various reasons, such as failing to enroll full-time, not completing a degree program within the required timeframe, working more than the allowed number of hours, or failing to obtain proper authorization for off-campus work. Falling out of status has serious consequences, including losing legal immigration status, becoming ineligible for benefits associated with student visas, and compromising future visa applications or entry into the country. To regain status, international students may need to leave the country and re-enter on a new visa, or apply for reinstatement, which is subject to the discretion of the relevant authorities.
| Characteristics | Values |
|---|---|
| Failing to enroll full time | Students must enroll full-time for each fall or spring semester (or summer, if it's their first or last semester) |
| Failing to check in with ISSO | Students must check in with the International Students and Scholars Office (ISSO) at the beginning of their academic program |
| Failing to complete a change of educational levels | Students must complete a change of educational levels within 60 days of completing their previous degree program |
| Working more than 20 hours on campus | Students may work full time during official school breaks: Thanksgiving and Spring Break |
| Working off campus without obtaining approval | Students must obtain approval from the ISSO or USCIS before working off campus |
| Failing to apply for a program extension | Students must apply for a program extension before their current I-20 expires |
| Failing to complete a dissertation by the end date of OPT or STEM OPT EAD | |
| Failing to leave the U.S. within 60 days of completing a degree program | Students must leave the U.S. within 60 days of completing their degree program |
| Failing to complete the transfer procedure | Students must complete the transfer procedure within 15 days of the start of the semester |
| Failing to maintain legal status | Students must stay in legal status to avoid problems with U.S. Citizenship and Immigration Services (USCIS) |
| Failing to maintain a full course of study each term | Students must attend all classes and maintain normal academic progress |
| Failing to obtain a new visa | If a student's SEVIS ID is valid and their F-1 visa expires, they must obtain a new visa once they return to their home country |
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What You'll Learn
Failing to enrol full-time
To correct their status, students have two options: Travel and Re-entry or Reinstatement. However, travelling to regain status is risky as there is no guarantee that a new visa will be issued or that re-entry to the US will be permitted. On the other hand, Reinstatement is not guaranteed and is up to the discretion of the US Citizenship and Immigration Services (USCIS). If a student's application for reinstatement is approved, they will regain eligibility for all qualifying benefits of F-1 status.
Students who have been out of status for more than five months will likely need to leave the country and re-enter on a new SEVIS record with a new visa. They may file for reinstatement if they can demonstrate that the delay was due to "exceptional circumstances". The process of reinstating an F-1 visa status involves speaking with an International Student Advisor to assess eligibility, gathering the required documentation, and submitting an application to USCIS.
International students in Australia must also enrol full-time in every study period, maintaining sufficient units to complete their program within the timeframe specified by their Confirmation of Enrolment (CoE). They are required by law to enrol in at least one face-to-face course in each mandatory study period. While it is possible to change to part-time status, this can only be done if the student is outside of Australia.
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Working without approval
International students on an F-1 visa in the US can face serious consequences if they work without prior approval. Working off-campus without obtaining approval from the ISSO or USCIS is a violation of F-1 status and can result in the termination of the student's SEVIS immigration record. This means that the student would no longer be eligible for on-campus employment, practical training, travel signatures for re-entry to the US, or any other benefits of F-1 status.
To regain eligibility for these benefits, students must correct their status by either travelling and re-entering the US or applying for F-1 Visa Status Reinstatement through USCIS. However, travelling and re-entering the US does not guarantee that the student will be issued a new visa or permitted to re-enter. On the other hand, the F-1 visa status reinstatement process is subjective and up to the discretion of USCIS.
Students who have been out of status for more than 5 months will likely need to leave the country and re-enter on a new SEVIS record with a new visa. They may file for reinstatement if they can demonstrate that their failure to file during the 5-month period was due to exceptional circumstances. The process involves completing the Reinstatement to F-1 Status e-form and providing proof of financial support for two semesters.
In Canada, international students can work off-campus without a work permit if they meet certain requirements, such as being a full-time student at a designated learning institution and having completed their previous program. However, they must ensure that they meet all the requirements for working while studying, as failing to do so may result in having to leave the country.
International students in Australia have the same workplace rights and protections as anyone else working in the country. They can contact the Fair Work Ombudsman for help with workplace issues without fear of their visa being cancelled.
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Not maintaining legal status
Maintaining legal status as an international student is critical. Failure to do so could result in serious problems with U.S. Citizenship and Immigration Services (USCIS) and compromise your ability to get a U.S. visa or enter the country in the future.
To maintain legal status, F-1 students must fulfil the purpose for which the Department of State issued their visa. This includes enrolling full-time for each fall or spring semester (or summer, if it is their first or last semester). Students must also follow regulations, such as not working more than 20 hours on campus during the fall or spring semester and not working off campus without obtaining approval. Students must also apply for a program extension before their I-20 expires and complete a transfer procedure within 15 days of the start of the semester.
If an F-1 student fails to maintain their status, their SEVIS immigration record will be terminated, and they will be considered "out-of-status" by the Department of Homeland Security. This means they will no longer be eligible for benefits such as on-campus employment, practical training, travel signatures for re-entry to the U.S., or any other F-1 status benefits.
In the event that an F-1 student falls out of status, there are two options to correct their status: Travel and Re-entry or Reinstatement. For Travel and Re-entry, students must depart the U.S. as soon as possible after the violation and obtain a new I-20 form with a new SEVIS ID. However, there is no guarantee that they will be issued a new visa or permitted to re-enter the U.S. For Reinstatement, students must speak with an International Student Advisor to assess their eligibility. If eligible, they will be guided on how to request the new I-20 form required for the reinstatement application and gather the necessary documentation, including the I-539 application. While the application is pending, students are not eligible for any F-1 benefits, and they must maintain full-time enrollment.
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Not completing transfer procedure
International students on an F-1 visa need to maintain their legal status to study in the US. Failure to do so can result in serious problems with the U.S. Citizenship and Immigration Services (USCIS) and compromise their ability to get a U.S. visa or enter the country in the future.
One reason why international students may fall out of status is by not completing the transfer procedure within 15 days of the start of the semester. This may happen when a student decides to transfer schools but fails to complete the necessary steps to update their Student and Exchange Visitor Information System (SEVIS) record. SEVIS is a government system that tracks international students and their schools in the United States.
To transfer schools, an international student must first be accepted by another SEVP-certified school. The student then needs to work with the designated school official (DSO) at their current and new schools to initiate the transfer of their SEVIS record. The DSO at the original school can no longer change the student's record once the transfer procedure has started. The new school will issue a new I-20 form, which certifies the student's eligibility for F-1 status at the new school.
It is important to note that there are specific time frames and procedures that must be followed for the transfer process. For example, the transfer release date, which is the date the student's SEVIS record is electronically released to the new school, should be carefully chosen. Students are also encouraged to share information regarding past enrollment, course load, and other relevant details with their new school upon request. Additionally, if there is a gap of more than five months between F-1 activities, the student's SEVIS record is not eligible for transfer, and a new initial I-20 with a new SEVIS number is required.
In conclusion, not completing the transfer procedure correctly or within the specified time frame can result in international students falling out of status. It is important for students to be aware of the requirements and work closely with the relevant offices at their current and new schools to ensure a smooth transfer and maintain their legal status in the US.
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Not checking in with the International Students and Scholars Office (ISSO)
International students can fall out of status for numerous reasons, one of which is not checking in with the International Students and Scholars Office (ISSO). The ISSO is a dedicated resource for international students and scholars, offering support and guidance on maintaining legal status and adjusting to life in the US. The office's mission is to help international students achieve their educational and personal goals and navigate the complexities of immigration.
Failing to check in with the ISSO at the beginning of an academic program can have significant consequences. This initial check-in is crucial for international students to understand their responsibilities and ensure they are on the right path to maintaining their legal status. By not checking in, students may miss important information and updates regarding their visa requirements, employment eligibility, and other benefits associated with their status.
The ISSO plays a vital role in helping international students maintain their F-1 status. For instance, students must enrol full-time during each fall or spring semester (or summer, if it's their first or last semester). The ISSO can approve a reduced course load if necessary. Without checking in with the ISSO, students may unknowingly violate their status by failing to meet these enrolment requirements.
Additionally, international students must complete specific procedures within designated time frames. For example, they have 60 days to complete a change of educational level after finishing their previous degree program. Not checking in with the ISSO can lead to students missing critical deadlines, resulting in a violation of their status.
Moreover, the ISSO provides essential guidance on employment restrictions. International students are typically limited to working on campus for no more than 20 hours during the fall or spring semester. They must obtain approval from the ISSO or USCIS for off-campus employment. By not checking in with the ISSO, students may inadvertently work more hours than permitted or fail to secure the necessary approvals, leading to a fall in their status.
In conclusion, not checking in with the ISSO can result in international students missing critical information, deadlines, and regulations pertaining to their legal status. The ISSO serves as a vital resource for maintaining compliance with visa requirements, enrolment expectations, and employment restrictions. By proactively seeking guidance from the ISSO, international students can avoid falling out of status and ensure they remain eligible for the benefits associated with their visa.
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Frequently asked questions
F-1 student status is a classification for nonimmigrant students who are coming to the United States to study. It is important because it is the primary purpose for why the Department of State issued the student visa. Failing to maintain F-1 status means that the student no longer has a valid legal immigration status in the US.
International students can fall out of status by failing to maintain a full course load without approval, working without authorization, or failing to renew their I-20 form before it expires.
If international students fall out of status, they can either apply for reinstatement or travel and re-enter the US. Reinstatement requires submitting an application to the United States Citizenship and Immigration Services (USCIS) and paying a fee. Travelling and re-entering the US requires obtaining a new I-20 form and a new visa, if the current one has expired.
