Attention International Students
Please review the following documents concerning new reporting requirements.
INS F-1 New Regulations & SEVIS (Student and Exchange Visitor Information System) Final Rule; Effective January 1st, 2003.
Registration of Certain Nonimmigrant Aliens from Designated Countries
Reporting changes of address to INS within 10 days
Maintenance of F-1
Final INS F SEVIS Ruling
NEWS
ALERT:
INS Publishes New
Regulations Governing International Students
SEVIS (Student and Exchange Visitor information System) Final Rule
Published on December
11, 2002.
Effective on January 1, 2003
The new regulations affecting international students were published in the Federal Registry on December 11th, 2002. These rules govern the SEVIS (Student and Exchange Visitor Information System). SEVIS is the new “real time” electronic system to report INS on all international students under F, M or J visas. The provisions of these rules became effective January 1, 2003. All approved schools hosting international students must be enrolled in SEVIS by January 30, 2003, mandatory compliance date. A non-SEVIS I-20 issued after January 30, 2003 can no longer be used for entry or any other purpose.
By August 1, 2003, mandatory compliance date, all current students must be entered into SEVIS by their schools.
The new regulations should be read carefully to fully understand the changes. International students are responsible to follow the new F-1 regulations. Please notify of any changes affecting your status to the Designated School Official at G-BC. It is extremely important to maintain a lawful F-1 status to avoid adverse consequences.
Below are highlights of the new rules:
1. School Transfer. When a student decides to
transfer to another school, s/he must notify
the school at which s/he is currently in attendance for “release” to
the new school.
· After the end date of the semester, the student must then report to the new school for any SEVIS reporting events and the “old” school will no longer have access to the student’s SEVIS records. If the student changes his or her mind after the end date of the current semester, they must ask the “new” school to release the records to another school.
· The student may not remain in the US between programs if the student will not resume classes within 5 months of transferring out of the current school. The five-month period begins tolling after the date the program was completed, not the date the DSO initiated the transfer.
· Students must report to the DSO at the new school within 15 days of the start of the program, or start date noted on Form I-20.
· Students may engage in on-campus employment only at the school with jurisdiction over the student’s SEVIS record. Once the release date has passed the student may no longer work on-campus at the “old” school.
2. Admission to the US to begin a new program. F-1 students may be admitted for a period of up to 30 days before the indicated report date or program start date listed on Form I-20.
3. Withdrawal from classes: An F-1 student authorized by the DSO to withdraw from classes will be allowed a 15-day period for departure from the United States. However, an F-1 student who fails to maintain a full course of study without approval from DSO or otherwise fails to maintain status is not eligible for an additional period for departure. An F-1 student who has completed a course of study and any authorized practical training will be allowed an additional 60 day period to prepare departure from the United States or to transfer according to rules. The importance of notifying the DSO and obtaining permission for withdrawal from classes cannot be over emphasized.
4. Curricular Practical Training: F-1 students may be authorized for curricular practical training that “is an integral part of an established curriculum. Curricular Practical Training is defined to be alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school.” A student may begin CPT only after receiving Form I-20 with the DSO endorsement. The DSO must enter information in SEVIS.
5. Optional Practical Training: Students may apply for OPT for employment directly related to the major area of study:
· During annual vacation and at other times when school is not is session if currently enrolled and intends to enroll in the next term;
· While school is in session, provided the employment does not exceed 20 hours per week;
· After completion of the course of study, however, OPT must be requested prior to completion of all course requirements for the degree or prior to completion of the course of study.
Important: Students who do not apply for OPT prior to the end of their final
semester are ineligible for post completion OPT.
6. Reduced Course Load (RCL).- A DSO may allow an F-1 student to engage in less than a full course of study provided the following:
· Academic Difficulties. - RCL may be authorized on account of a student’s initial difficulty with the English Language or reading requirements, unfamiliarity with U.S. teaching methods or improper level placement. A student previously authorized to drop below a full course of study due to academic difficulties is not eligible for a second authorization due to academic difficulties while pursuing a course of study at that program level.
· Documented medical condition. - RCL may be authorized due to a student’s temporary illness or medical condition for a period of time not to exceed an aggregate of 12 months while the student is pursuing a course of study.
· Completion of course study (last semester). RCL must be authorized in advance even for the final semester of study.
7. Extension of Stay.- An F-1 student who is currently maintaining status and making normal progress toward completing his or her educational objective, but who is unable to complete his or her course of study by the program end date on the I-20, must apply prior to the program end date of the I20, for a program extension. Delays caused by academic probation or suspension are not acceptable reasons for program extensions. An F-1 student who is unable to finish his program within the time listed on form I-20 and is ineligible for program extension is considered out of status.
8. Dependents. - F-2 dependents may not enroll in a full course of university study or be matriculated in a degree program. Those currently enrolled must apply for a change of status to F-1 status on or before March 12, 2003 (no later than 90 days from publication of the regulation in the Federal Register).Children in elementary and secondary school are permitted full time study. “Avocational” or “recreational” study is allowed at the university level, but full time, matriculated study requires a change to F-1 status for dependent spouses and children.
9. Reinstatement. - The INS District Director may consider reinstatement for a student who has been out of status for less than 5 months. The student should not have a record of repeated violations, is pursuing or intending to pursue, a full course of study, has not engaged in unauthorized employment and is not deportable on any ground other than the violation in question. The student must establish to the INS service that the violation was beyond the student’s control. Students who are out of status for more than 5 months are ineligible for reinstatement “unless the student can provide a substantial reason for the delay and explanation of how the student filed the request as promptly as possible under the circumstances”
The final INS regulations implementing SEVIS for F, M and J non-immigrants are available at: http://www.ins.gov/graphics/lawsregs/fr121102.pdf
NAFSA's compiled version of the INS, December 11, 2002, final SEVIS implementation rule is now available. This compilation shows how the INS final rule alters the current regulations at 8 CFR 214.2(f) and 214.3.
It is the responsibility of each international student to maintain his or her status. International students must meet certain obligations in order to maintain status.
The student must:
1. Keep passport and I-20 valid at all times. (Do not let it expire).
2. Maintain minimum12 credit hours per academic semester (Fall and Spring).
3. Attend both sessions, I and II, in Fall and Spring semesters.
4. Do not skip academic semesters without authorization from DSO (Summer semester
is optional)5. Maintain academic progress according to College policies.
6. Keep informed DSO in advance of any change of major, degree or if an I-20 extension is
needed.7. Refrain from off-campus employment without authorization. (Up to 20 hours a week for
CPT)8. Keep informed the DSO and INS of any changes in address within 10 days from moving
date.9. Manage wisely time to finish course of study within end date of Form I-20. Extension of
stay may be approved under certain conditions.
Important: Please make timely payments of educational expenses at the Business Office. Be sure to contact the Business Office if you will be experiencing any delay in your payments to arrange an installment payment plan.
Registration of Certain Nonimmigrant Aliens from Designated Countries
The Department of Justice requires nonimmigrant aliens
who meet all certain criteria to appear before an immigration officer for registration
in the National Security Entry-Exit Registration System (NSEERS). Please
visit the INS website for details about Special Registration at
http://www.ins.gov/graphics/lawenfor/specialreg/index.htm#where.
Reporting changes of address to INS within 10 days
Effective as of September 11, 2002.
All non-U.S. citizens (aliens) who are required to be registered are also required to keep the INS informed of their current address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, INS may need to contact you to provide other issued documents or return original copies of evidence you submitted. It is also mandatory for any alien who has been designated as a “special registrant” under 8 CFR § 264.1(f)(as amended by 67 Federal Register 52585 (August 12, 2002) to inform the INS whenever he or she has a change of address, employment or school.
In the past, INS required every alien in the United States to report his or her address annually, in January. INS eliminated this requirement in 1980 and no longer requires annual reporting. However, the INS still requires reporting of any address change within 10 days of the change.
Where Can I Find The Law?
The
Immigration and Nationality Act (INA) is a law that governs immigration in
the United States. For the part of the law concerning reporting of your address
and for the penalties if you do not comply, please see
INA § 265 and
266. The specific requirements for reporting your change of address are
federal regulations found in
8 CFR Part 265 and at 67 Federal Register 52584, 52592 (to be codified at 8
CFR § 264.1(f)(6)(concerning designated special registrants)).
Who Must
Comply?
All aliens in the United States who are required to be registered under the law
(INA
§ 262 and
261) must keep INS informed of their changes of address. The only aliens
exempt from this requirement are diplomats (visa
status A), official government representatives to an international
organization (visa status G), and certain nonimmigrants who do not possess a
visa and who are in the U.S. for fewer than 30 days (INA
§ 263).
How Do I
Report?
All aliens changing their address must file
Form AR-11 with the
INS address listed on the form. That address is:
Immigration and Naturalization Service
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services, only:
Immigration and Naturalization Service
Change of Address
1084-I South Laurel Road
London, KY 40744
The INS has created an additional procedure and recommends additional notifications for those aliens who are also applicants for benefits. An applicant for naturalization may comply with the law by filing a Form AR-11 AND telephoning the National Customer Service Center to advise that office of the change of address. Applicants and petitioners for any other benefits should file a Form AR-11 AND notify in writing the local office processing their case of any change of address. Please see Change of Address (found under Contacting Us) on your local office About Us page.
You may choose the method of mailing your Form AR-11. Using certified, registered or receipt mail is not currently an INS requirement. However, it is advisable to send the AR-11 with a Return Receipt or some other method (see "Adding Extra Services") that will give you documentation that you did indeed mail the form to the INS, in case there should ever be a question.
What Should I Include?
For the
Form AR-11: Complete the information requested on the form, including
present address, last address (most recent only), alien or registration
number, country of citizenship, date of birth, and your signature.
You do not need to include temporary addresses as long as you maintain your present address as your permanent residence and continue to receive mail there.
When sending us a change of address, you do not need to include numerous last addresses; only the most recent last address is needed.
Be sure to also indicate in the appropriate block on the AR-11 your current employment and school, where applicable.
Additional Information
The address reporting requirement should not be confused with renewal or
replacement of lawful permanent resident cards (Form I-551) or replacement of
other evidence of alien registration, such as the Form I-94, Arrival-Departure Record;
I-186, Nonresident Mexican Border Crossing Card; I-688, Temporary Resident Card;
or, I-766, Employment Authorization Document.
Penalties for Failure to Comply
A willful failure to give written notice to INS of a change of address within 10
days of the change is a misdemeanor crime. If convicted, the alien (or parent or
legal guardian of an alien under age 14 who is required to give notice) can be
fined up to $200 or imprisoned up to 30 days, or both. The alien may also be
subject to removal from the United States. (INA
§ 266(b)). Compliance with the requirement to notify INS of any address
changes is also a condition of an alien’s stay in the United States. Failure to
comply could also jeopardize the alien’s ability to obtain a future visa or
other immigration benefit.
Please come see the International Admissions Department or visit the INS website for more information about reporting on changes of address at: http://www.ins.gov/graphics/howdoi/address.htm