|
To enter and remain in the United States as a student on
a non-immigrant visa, you must comply with a variety of laws and regulations mandated by
the U.S. government. A major responsibility of the Office of Global Education is
to advise you on these regulations and assist students in maintaining their legal status
in the United States.
The following information summarizes some of the basic points relating to immigration
requirements for international students, but should not be relied upon as legal advice.
Immigration laws undergo almost constant revision and interpretation, and each case
presents unique circumstances. If you have any questions about your immigration
status, please come to the Office of Global Education for the latest information.
Important Terms and Forms
Passport - This document is issued by the government of your country and is
required to depart and re-enter your country as well as the United States. Your passport
must be valid at all times during your stay in the United States.
U.S. Visa - Stamped in your passport by the U.S. Consulate. It enables you to
enter the U.S. for the time of its validity. Normally, students in the U.S. have
either an F-1 or J-1 visa.
Immigration Status - This refers to your visa category, such as F-1, F-2, J-1, J-2,
B-2, etc.
I-20 Form - When you are admitted to the University, you are sent an I-20 form.
You must present this form to the U.S. Consulate to receive F-1 visa. The
SEVIS Form I-20
consists of three pages
(page 2 contains instructions and page 3 is for signatures). The expiration date in item #5 of the I-20 is the expected date of
completion for your academic program. Each F-1 student must retain his/her
Form I-20 to establish legal status in the U.S.
DS-2019 Form - If you are accepted as an exchange student or come as an exchange
scholar, the Office of Global Education will send you this form. You must present
this form to the U.S. Consulate to receive a J-1 visa. The
DS-2019 form shows the authorized program
participation dates and a description of the exchange program.
I-94 Card - You will be given a
white colored I-94 card either on the plane en route to the U.S. or at
your point of arrival. It is also known as an Arrival/Departure Record.
The I-94 card will be completed by immigration authorities when you
arrive at the airport and will state how long you are authorized to stay
in the U.S. It will also have your admission number.
U.S. Customs and Border Protection (CBP) - The U.S. government agency which
enforces U.S. immigration laws at ports of entry (formerly the INS).
U.S. Citizenship and Immigration Services (USCIS)
- The U.S. government agency that provides support services to visa
students and other noncitizens in the U.S. (formerly the INS).
U.S. Immigration and Customs Enforcement (ICE)
- The U.S. government agency that maintains and monitors the SEVIS system
and enforces immigration regulations.
Employment Authorization Document (EAD) - Small plastic card issued by
the Department of Homeland Security to show authorization for employment. The EAD is also called
Form I-688B.
Passport Verification - The University is required by law to maintain records for
each non-immigrant student at CSU San Marcos. All international students must participate
in passport verification prior to their initial enrollment (this is typically done during
International Student Orientation).
Change of Status (COS) - Under certain circumstances, persons who
enter the U.S. in one visa status are permitted to petition for a change of status when
conditions change.
F-1 Regulations
- Duration of Status
F-1 students are admitted to the U.S. for "duration of status" (D/S), which is
defined as:
-
- The time during which the student is pursuing a full course of
study and making normal progress toward completing a degree; plus the
time the student may be working in authorized "practical training" after
completion of studies; plus a 60 day period to depart the country upon
completion of an academic program or practical training.
The immigration officer at the port of entry (CBP) grants duration of status to F-1 students by entering the notation
"D/S" on both the I-20 Form and I-94 Card.
Full Course of Study
CSU San Marcos defines a full course of study as a minimum of 12 credit units for
undergraduate students, and 9 credit units for graduate students.
The law does not require a student to take all credit units each semester at
CSU San
Marcos. However, campus policy requires undergraduate international students to
enroll for a minimum of 12 credit units at CSU San Marcos each semester,
allowing
concurrent enrollment at another institution for additional credits. Under special
circumstances, and only for academic reasons, continuing undergraduate students may
petition to take a minimum of 9 credit units at CSU San Marcos and additional units at
another institution. An exception to this minimum credit requirement may also be made for
new students who arrive too late to enroll in required courses and must take these courses
at another institution to satisfy the full-time requirement.
All requests to take fewer than the minimum number of credit units must be submitted to
the International Student Advisor on a form provided for that purpose. The form can
be obtained from the Office of Global Education.
A student may not drop below a full course of study
during a semester without prior approval from the International Student
Advisor. Failure to obtain approval to drop below a full course of study
will put a student out of status and will require formal reinstatement.
Limitations on Duration of Status
The "completion of studies" date in item #5 on the most recent I-20 Form that
was issued is the date by which USCIS expects you to
complete requirements for the current program. If you are unable to
complete the program of study by that date, you should come to the
Office of Global Education at least 30 days before reaching the I-20
completion date. If you are eligible for an extension of time, the
Office of Global Education will advise you on how to receive an extension and comply with its
requirements.
"Out of Status"/"Reinstatement"
If the date for completion of studies on the I-20 has expired and you have not applied
for an extension of stay, or if you have not maintained a full course of study,or
you have done something else to violate your F-1 status, you may be
"out of status." You should contact the Office of Global Education immediately to
find out about the possibility of reinstating your status with
USCIS.
Travel Abroad and Re-entry
Before you make a trip outside the U.S., you must have page 3 of the
SEVIS Form I-20 form endorsed (signed) by a DSO
(Designated School Officer). The DSO's signature verifies that you are
maintaining a full course of study and are eligible to continue as a
student at CSU San Marcos when you return to the U.S. This signature is
required for all trips outside the U.S., including day trips to Tijuana,
Mexico. Please allow time for the DSO to process the
I-20 before the expected date of departure.
You should also check to be sure that the F-1 visa stamped in your passport has not
expired. It is legal to remain in the U.S. with an expired F-1 visa as long as you
are in status and have a valid I-20, but if you leave the country with an expired F-1 you
will not be able to re-enter the U.S., except for trips of less than 30 days to Mexico and
Canada.
Normally, you can only renew your F-1 through the U.S. Consulate in your home country.
You must provide all the documentation you supplied when you applied for
your original F-1 visa and plan for the appropriate time needed for the
consulate processing.
Employment for F-1 Students
Normally, F-1 students are not permitted to work off-campus. However, there are
situations in which students may be permitted to work, especially after their first year
as students. The following information explains how "employment" is
defined by the U.S. Citizenship and Immigration Services (USCIS) and describes the types of
employment authorization that may be available to F-1 students.
Eligibility and Application Requirements
The requirements for different types of F-1 employment authorization vary. For example, a
basic requirement for all types of student employment is that the student has maintained
F-1 status continuously. Students on an F-1 visa are limited to 20 hours per week of
employment when the school is in session. If you decide to seek employment consult with
the Office of Global Education to ensure proper procedures are followed. The application
process and the waiting time to obtain employment authorization can be quite long.
Therefore it is recommended that the student file an application as early as possible.
Written information which further describes the different types of employment for F-1
students and how to apply for authorization is available from the Office of
Global Education.
On-Campus Employment
Work on campus is permissible for F-1 students in lawful status for up
to 20 hours per week during the academic year and fulltime when school
is not in session. International students should notify the
International Student Advisor when they accept on-campus employment for
assistance with obtaining a Social Security number. The Social Security
number is used for tax purposes.
Off-Campus Employment Based on Economic Necessity
After being in F-1 status for at least one full academic year, an F-1 student may be
eligible to apply for employment based on economic necessity. The requirements for this
category of employment are very strict. Because one of the conditions for entering the
U.S. was that you had sufficient resources to support yourself while a student, you must
be able to prove that an unforeseen change in financial circumstances has arisen since you
acquired F-1 status. If approved, you will receive an Employment Authorization Document
(EAD). Without an EAD, it is illegal to work off campus.
Employment for F-2 Dependents
Immigration regulations prohibit all employment for F-2 dependents (spouses and children
of F-1 students).
J-1 Regulations
Overview
The J-1 Exchange Visitor Program is sponsored by the United States
State Department. The purpose of the program is to give students and scholars the
opportunity to study or work in the United States, thereby experiencing American culture
first-hand. Generally speaking, the program is not intended for self-supporting
students who wish to come to the United States to earn a degree, nor for scholars
interested in permanent academic positions.
CSU San Marcos is a designated sponsor of the Exchange Visitor Program.
This means that students and scholars wishing to come to CSU San Marcos for the
purposes designated by the program can receive a DS-2019
from the Office of Global Education, which will enable them to apply for a J-1 visa
at a U.S. Consulate.
There are a number of restrictions that apply to the J-1 visa that you
should be aware of before applying. These include:
- Home Country Physical Presence Requirement
Some Exchange Visitors are subject to the "Two-Year Home Country Physical Presence
Requirement." The requirement is intended to ensure that, after completing the
specific objective of the exchange program, the Exchange Visitor will spend at least two
years in the home country before coming back to the U.S. for a long-term stay. This
restriction most often applies to scholars who may be on the "skills list" of
their home country and to J-1 visitors who are sponsored by either the U.S. or their home
government.
- Three Year Time Limit and Twelve Month Bar
The total stay in the United States for Exchange visitors in the Professor or Research
Scholar categories is limited to three years. Extensions beyond that time are
virtually impossible to obtain. A Scholar who has been in the U.S. on a J-1 program
is also required to complete a year of stay outside the U.S. before qualifying for a new
DS-2019. However, scholars may be eligible to re-enter the U.S. in less than 12
months if they qualify as a short-term (less than six months) visitor.
- J-1 Health Insurance Requirement
The U.S. government requires that all J-1 Exchange Visitors and accompanying dependents be
covered by adequate health and accident insurance while in this country. Failure to carry
adequate insurance may lead to termination of your exchange visitor status.
CSU San
Marcos will not accept an exchange visitor without verification of adequate insurance.
CSU San Marcos offers a policy that complies
with all U.S. government requirements. Information regarding the health
insurance policy can be found in the Office of Global Education.
J-1 StudentsDuration of Status/Extension of Stay
J-1 students are granted a Duration of Status (D/S) which allows them to stay in the U.S.
until the date shown in item #3 of the DS-2019 Form. If an extension of stay is required,
the student must contact the J-1 Responsible Officer at least two months before the
expiration.
Short Trips Out of the United States
To enter the U.S. in J-1 status, an exchange visitor is required to have the DS-2019 endorsed by the J-1 "Responsible Officer" (Dr.
Peter Zwick) or the "Alternate Responsible Officer (Danielle McMartin) confirming either enrollment or affiliation with
CSU San Marcos and the
continuing availability of financial support. In addition, J-1 holders need a valid visa
stamp to reenter the U.S. If the visa stamp has expired, you will be required to apply for
a new visa at a U.S. Consulate abroad.
Employment
As a J-1 Exchange Visitor, the student may be eligible for a variety of work
opportunities in the United States, but employment without proper authorization is a
serious violation of the immigration status. Employment is defined as any type of
work performed or services provided in exchange for money, tuition, fees, books, supplies,
room, or for any other benefit. The J-1 student must obtain approval in writing before
commencing any type of employment in the U.S. Before approval, the Responsible Officer is
obligated to evaluate the proposed employment in the context of the program and the
student's personal circumstances, and then decide whether it would be appropriate or not
to recommend employment.
J-1 "Student Employment" is limited to 20 hours per week except during holidays
and annual vacation. The J-1 Responsible Officer can approve Student Employment for up to
one year at a time. Examples of this type of employment include on-campus assistantships,
other on-campus jobs, and off-campus jobs which are necessary because of serious, urgent
and unforeseen economic circumstances.
Work Permission for J-2 Dependents
J-2 dependents may apply to the Immigration and Naturalization Service for
authorization to work. The dependents may not work to support the principal.
|
