The Catholic University of America

Summary of Federal Laws

Compliance Partners

Director of International Student and Scholar Services

Related Policies

Categories of Employment

International Student Employment

Students

Miscellaneous Laws

The Immigration and Nationality Act of 1952 (as amended)

8 U.S.C. § 1101 et seq.; 8 U.S.C. §1372 ; 8 CFR § 214

For immigration matters related to employment, see the Immigration and Nationality Act (as amended) in the section of this summary on Employment and Equal Employment Opportunity.

SEVP Draft Policy Guidance on Bridge Programs and
Conditional Admittance:
Issued May 2013.

Institutions may no longer issue Form I-20s certifying a student’s admission to a regular degree program if the student is first required to participate in an ESL or combination of ESL and preparatory academic coursework prior to being fully admitted to a regular degree program. 

IRS Clarifies Temporary ITIN application for Foreign Students
Effective October 2, 2012, the IRS will allow individuals studying in the United States under the Student Exchange Visitors Program (SEVP) to get ITINs under a streamlined procedure. SEVP participants already provide documentation to the Department of Homeland Security under the requirements of that program, and will need a letter from their educational institution verifying their status.

 

Iran Nuclear Threat Reducation Bill and Syrian Human Rights Act of 2012 (HR 1905)

Section 501 (a).—The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who is a citizen of Iran that the Secretary of State determines seeks to enter the United States to participate in coursework at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to prepare the alien for a career in the energy sector of Iran or in nuclear science or nuclear engineering or a related field in Iran.

Employment Authorization for Libyan F-1 Non-Immigrant Students, Notice of Suspension of Applicability of Certain Requirements; 76 Fed. Reg. 33970 (June 10, 2011).
The Notice suspends the requirement that limits on- and off-campus employment of such students to 20 hours per week; and also suspends the requirements that students seeking authorization of off-campus employment must have been in F-1 status for one full academic year and demonstrate that the employment will not interfere with the student’s ability to carry a full course of study. Undergraduate students granted employment authorization under the terms of the Notice will be deemed to be engaged in a full course of study for the duration of their employment if they remain registered for a minimum of six semester/quarter hours of instruction per academic term; graduate students must remain registered for a minimum of three semester/quarter hours. The Notice is effective June 10 and will remain in effect until December 31st. 

Extending Periods of Optional Practical Training by 17 months (from 12 months to 29 months) for F-1 Nonimmigrants: Dept. of Homeland Security: Interim Final Rule issued 4/2/08

This rule applies to F-1 students who have completed a science, technology, engineering or math degree and accept employment with employers enrolled in the E-Verify employment verification program.

Final Rule: Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports of-Entry From Within the Western Hemisphere; 73 Fed. Reg. 18384, April 3, 2008.

Effective June 1, 2009, this rule finalizes the second phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for U.S. citizens and certain nonimmigrant aliens enteringthe United States. This final rule details the documents U.S. citizens1 and nonimmigrant citizens of Canada,Bermuda, and Mexico will be required to present when entering the United States from within the Western Hemisphere. See the Dept. of State Western Hemisphere Travel Initiative page for a short summary of current and future necessary documentation. For current rules on travel for international students see the Travel Page of International Student and Scholar Services.

Cases of Interest

In the Matter of Batdorj Dagvadorj v. Lois DeFleur, SUNY Binghamton, et al., Feb. 25, 2010, Supreme Court, Appellate Division, State of New York

Plaintiff, a student here on an F-1 visa, who ignored his student advisor and went to work at a different branch campus, was unsuccessful in arguing that work at a branch campus counted as *on campus* employment for purpose of the regulations. See quote below.

A nonimmigrant student participating in this program can seek employment "on-campus" without prior approval of the school's DSO (see 8 CFR 214.2 [f] [9] [i]), but that employment must be performed on the school's campus or at an off-campus location that is "educationally affiliated with the school" (8 CFR 214.2 [f] [9] [i]). Apart from an exception not relevant here (see 8 CFR 214.2 [f] [9] [ii] [C]), a student who seeks employment that is not considered "on-campus" employment, may only do so if the position involves "[c]urricular practical training" that is "an integral part of an established curriculum" and has been authorized by the school's DSO (8 CFR 214.2 [f] [10] [i]).

Equal Access Education v. Merten, U.S. District Court, Eastern District of Virginia,

Feb. 24, 2004 order and opinion. This case was a challenge brought to the Sept. 5, 2002 Attorney General Memorandum stating that illegal and undocumented aliens should not be admitted into Virginia Public Colleges and Universities. The memo urged reporting to the federal government the presence of illegal aliens on campus. Plaintiffs claimed that various of Virginia's post-secondary educational institutions violate the Constitution's Supremacy, Commerce, and Due Process clauses by denying admission to illegal aliens or to persons they believe to have an "illegal," "unlawful," or "undocumented" immigration status. The Court found no violation as long as the defendants use federal immigration standards to identify which applicants are illegal aliens.

Helpful Resources:

Publication 515

Withholding of Tax on Nonresident Aliens Foreign Entities

See pages 20-25 for relevant information on students and taxes.

CUA International Student and Scholar Services resource page on the Real ID Act of 2005 and Drivers Licenses: Includes the law, proposed rule, and presentations on the law.

Text of letter issued by ICE on May 9th, 2008: Affirms that DHS does not require school to determine student status, or report to DHS if they know student is out of status.

Social Security Numbers and Foreign Nationals: A resource page from The Catholic University of America International Student and Scholar Services Office

Social Security Numbers have become a key element many aspects of life in the U.S. Recent developments restrict the availability of Social Security Numbers for foreign nationals. This page provides resource documents for understanding the role of SSNs in various parts of U.S. business/society.

GAO (General Accounting Office) Report on Performance of Foreign Student Exchange and Visitor Information System(SEVIS)

NAFSA Regulatory Information Page

 

updated 3/14/13 CCR

updated 5.27.13 to SEVP Policy Guidance