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.

Proclamation of Sept. 24, 2017 pursuant to Section 2(e) of EO 13780 (restricting entry to nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia: See the NAFSA page for a complete summary of the indefinite entry bar. 

81 Fed. Reg. 13040, Final Rule, March 11, 2016  Improving and Expanding Training Opportunities for F–1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F–1 Students

The final rule allows F-1 Stem students to extend their OPT period to 24 months. Oversight by employers is required, including formal training programs, and allowing extensions only for degrees from accredited schools. 

The rule also includes "Cap-Gap" relief for any F-1 student who has filed a timely H-1B petition and request for change of status. The final rule will go into effect on May 10, 2016. For more on CAP-GAP see USCIS web page. See also NAFSA page on the new final rule. The current 17-month STEM OPT rule remains effective through May 9, 2016, and will continue to govern the STEM OPT extensions that were approved prior to May 10, 2016 and for which a 7-month extension has not been requested.

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]).

 Resources

Ford Murray Free Guide: How to Admit Foreign Students Into your School*

Very clearly written guide that explains all the terms for newcomers to the process. 

Resource Guide: Supporting Undocumented Youth, U.S. Dept. of Education, October 20, 2015

Provides information to assist educational institutions in supporting undocumented students at the secondary and postsecondary education levels.

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.

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.

 NAFSA Regulatory Information Page

 

 

updated 9-26-17   mlo