Immigration Compliance at CUA

Responsibilities of an Institution Enrolling Students in the F-1 Visa Category

B.  Assuring Performance of Designated School Official Tasks

By federal law, the DSO is required to:

1. Create and maintain informational materials for F-1 students.  This material ideally should be available online as well as in paper format.  The material should include current information on the requirements for maintaining status.  See Section 4.5 of the National Association of Foreign Student Advisors (NAFSA) Advisor's Manual (see Resources) and any applicable updates to that section. 
   

2. Maintain records on each individual for whom a Form I-20 was issued. As SEVIS is put into place (proposed date Jan. 30, 2003) this will be done electronically.
   

3. Send pre-arrival information to foreign students that have been accepted by the university.  This information should include at a minimum information on how to obtain the student visa, notice to report to the DSO upon arrival on campus, the various rules governing employment and enrollment, and the penalties for not following same.
   

4. Meet with each foreign student upon his or her arrival to make sure immigration documents have been properly processed and to check on the student's health insurance.  Create a system to ensure that each student attends such a meeting.
   

5. Approve drop below a full course of study  the SEVIS system before the student drops the class or classes.
   

6. Receive and review proof of financial responsibility.  The DSO must evaluate the evidence presented on financial responsibility.  The student must establish the ability to cover the first year's costs with the potential for renewed support in subsequent years. Since the CIS  can request copies of the financial documents,  all documentation on finances should be kept in the student’s file in the Office of International Student and Scholar Services Office.  For example, if the award comes from a government or sponsoring agency, a signed copy of the award letter should be kept in the file.The funds should be guaranteed for at least the first year of study, and adequate funding should be available for the remaining years of the program.  If funds from outside the U.S. will be used, the DSO should determine if restrictions exist on the transfer of dollars from the issuing country.  Also, for funds outside the U.S., copies of bank statements and an affidavit of support for four years, notarized at the bank, should be required from parents.  The DSO should make a reasonable estimate of all expenses.  Estimates of the costs of schooling should be reviewed by the DSO each year.³
   

7. Determine if the student has the necessary English language skills.  This can be done by requiring the student to take a standardized English proficiency test in their home country and having the results sent to the institution the student seeks to attend.  Full English language proficiency is not necessary if classes will be taught in the native language, or the institution offers the student English language training in conjunction with the academic course.  Note that the necessity of English language training may extend the date for completion, and increase overall costs for the foreign student.⁴  Note also that a foreign student may have an excellent ability to speak and understand the language, but poor writing skills, or excellent writing skills but lack the speaking skills.  One skill may compensate for lack of the other.
   

8. Issue Form I-20s, the Certificate of Eligibility for Nonimmigrant (F1) Student Status (and keep copies of same) once the DSO is satisfied the student's English skills are adequate, financial resources have been documented, and the official responsible for admission has accepted the student for a full course of study.  In practical terms, this means the DSO must coordinate with the academic unit for each student.  Note that in all instances a written application for admission must have been received.
   

9. Advise students of their responsibility to obtain a social security number if they are working and draft a letter for students to assist them in obtaining same, or invite the social security administration to be present at orientation to obtain applications from students and issue cards.
   

10. Advise students of health insurance requirements and verify that insurance coverage is adequate or that funds exist to obtain the coverage.  Note that although the J regulations require health insurance coverage for J students, the F regulations do not.  However, CUA imposes a requirement of health insurance coverage for all foreign students.⁵
    

11. Advise students of their tax filing obligations.  Students with no income must file IRS Form 8843, and those students with income use either Form 1040NR or Form 1040NREZ, depending on their circumstances.  The DSO is not responsible for providing advice on how to fill out the forms.  The Payroll Office holds tax workshops every year.
    

12. If a student loses important INS documents, help the student obtain new copies.
    

13. Sponsor workshops on employment regulations governing F-1's.  Workshops per se are not required by the regulations, but employment information must be communicated to the students, and this can be done in conjunction with Career Services.
    

14. Answer questions that might arise with respect to the student's dependents, or direct the student to someone who can answer same.Full time study is prohibited for F-2 spouses and limited to elementary and secondary for F-2 children.
    

15. Process program extensions.  The DSO must verify eligibility for this and notify the CIS vis SEVIS  of the new expected completion date prior to the expiration of the current I-20.    To be eligible for a program extension, the student must have maintained status and have met with a delay in completion due to compelling academic or medical reasons, such as a change in major, or a documented illness.  Academic probation or suspension are not acceptable reasons.  The DSO must determine if there has been a break or suspension in status, and if the student is ineligible for the extension.  If the student has been placed on academic probation, the DSO must assess the student's overall progress.   Records should be kept on the program extensions. A DSO may grant a program extension only by updating SEVIS and issuing a new Form I-20 reflecting the current program end date. A DSO may grant an extension any time prior to the program end date listed on the original I-20.
    

16. Process school transfers.  The student initiates the transfer process by applying and being accepted to a new academic program and informing the current school of intention to transfer. The current school releases the student's SEVIS record to the new school. In order to maintain status, the student must enroll at the new school in within five months of the release date.  Within 10 days of the start date of the new academic program,  the F-1 student must report to the DSO at the new school. Failure to do so means the student is out of status. ⁶
    
    

17. Review and process reinstatement petitions on behalf of students who failed to maintain status.  Reinstatement is initiated by the DSO submitting a request for reinstatement in SEVIS. The DSO must print an I-20 that the student will submit along with Form I-539, the Application to Extend Time of Temporary Stay, requesting reinstatement. Accompanying documentation must show that the violation of status resulted from circumstances beyond the student's control or that failure to receive the extension would result in extreme hardship; that the student is currently pursuing or intending to pursue a full course of study at the school which issued the Form I-20; the student has not engaged in unauthorized employment; and is not deportable on any ground other than overstaying or failing to maintain status. Reinstatement applications must be filed within five months of falling out of status.  
    
    Ideally, the application for reinstatement will consist of Form I-539, a letter from the student explaining the circumstances, documentation on continued availability of funding, Form I-20 and a letter from the DSO supporting the reinstatement, and appropriate filing fee.  The student should keep a copy of the entire application for reinstatement.⁷
    

18. Notify CIS of any change in educational level at the same school.  The DSO must update SEVIS to reflect the new level of study and  issue a new Form I-20.
    

19. Track changes in program of study by all F-1 students. The DSO is  required by regulation to update SEVIS to accurately reflect the student's course of study.
    

20. Assist in filing with CIS for authorization for  off-campus employment in cases of severe economic hardship.  The DSO will have to recommend employment in SEVIS and provide student with appropriate I-20 which the student uses to apply for work authorization. The request must note that employment opportunities on campus are either unavailable or insufficient to meet the student's needs.  Current time delays in processing these employment applications make this a process of limited utility for someone who needs immediate economic assistance.
    

21. Keep current on the regulations related to student employment issued from time to time. 
    

22. Help students obtain permission (Form I-538) to work off campus for a recognized international organization. International internship employment authorization applications are to be filed with Service Centers. ⁸ 
    

23. Authorize and make recommendations for curricular practical training.  An F-1 student who has been lawfully enrolled on a full-time basis for at least nine consecutive months is eligible for practical training.  Employment authorization for practical training may be granted for practical training in a position that is directly related to the student's area of study and is an integral part of the established curriculum.   The DSO is responsible for making this determination based upon recommendation from the student's academic advisor.  A request for authorization for curricular practical training must be made to the DSO. Upon approving the request, the DSO must authorize CPT in SEVIS annotating the period of validity and the authorized employer.   Note that students who have received one year or more of full-time curricular practical training are ineligible for post-completion practical training.  Exceptions to the nine-month in-status requirement are provided for students enrolled in graduate studies that require immediate participation in curricular practical training. ⁹
    

24. Make recommendations for optional practical training.  An F-1 student may apply to the INS for authorization for temporary employment for practical training directly related to the student's major area of study.  Temporary employment for practical training may be authorized during the student's vacation and at other times when school is not in session and the student will be returning; while school is in session but not for more than 20 hours per week; after completion of all course requirements (excluding thesis); and within a 14-month period after completion of the course of study.  School transfers void authorization for practical training employment.  The request for optional practical training is made to the DSO. With the endorsement of the academic advisor, the DSO must certify in SEVIS that the proposed employment is directly related to the student's major and commensurate with their educational level. The DSO will print a new I-20 and give it to the student for use in applying for employment through CIS. The maximum time that can be granted is a total of  12 months per each educational level.  Commencement of studies at the next higher level invalidates OPT for the prior, e.g. a student who progresses to the PhD. level can no longer be employed under the terms of the OPT associated with his masters program. Employment cannot be accepted until the student has been issued an Employment Authorization Document (EAD) by the CIS.  The student also needs to complete From I-765, with the required fee, and have the DSO's recommendation for optional practical training on Form I-20 ID.  A photocopy of Form I-94 will also be needed, and possibly a copy of Form I-538.  This requirement varies by region. Under the  rule, application for OPT has to be made prior to completion of course requirements or course of study. ¹⁰
    

25. Counsel students on the ramifications of their choices.  For example, students who accumulate 12 months of full-time curricular practical training will not be eligible for optional practical training.  This "counseling function" is one of the most important responsibilities of a DSO, and requires a thorough familiarity with the law, which can probably only be gained by working with someone who has the experience.  Fortunately, NAFSA has training sessions and a listserv which are all available to foreign student officers.
    

Records to be kept on all  F-1 students while such students are attending the school or until the school notifies the CIS that the student is no longer pursuing a full course of study:¹

•  name
•  date and place of birth
•  country of citizenship
•  physical address in the U.S. (no P.O. box)
•  academic status (full- or part-time)
•  date of commencement of studies
•  degree program and field of study
•  whether student certified for practical training, and beginning and end dates of same
•  termination date and reason, if known
•  admission documents
•  the number of credits completed each semester, including current semester (may be maintained by the Registrar)
•  photocopy of the student's I-20 identification
• the non-immigration classification of the alien and the date the visa was issued or classification changed or extended or the date on which a change to such classification was approved by the Attorney General
• any disciplinary action taken by the institution against the alien as a result of his or her conviction for a crime or, in the case of a participant in a designated exchange visitor program, any change in the alien's participation as a result of the alien's being convicted of a crime.²

For more see NAFSA Resource 2003-a. 

¹ 8 C.F.R. § 214.3(g)(1).
² See § 641 of IIRIRA § 641.
³ 22 C.F.R. § 41.61(b)(ii).
⁴ 22 C.F.R. § 41.61(b)(iii).
⁵ At CUA, a mechanism is in place in the  Cardinal Student System to assess insurance against all foreign students unless the need for coverage has been waived.  Waivers can be requested from the student health administrator by providing proof of equal or better coverage (translated into English and in U.S. dollar amounts).
⁶ 8 C.F.R. § 214.2(f)(8)(ii) (C)

(C) SEVIS school to SEVIS school. To transfer from a SEVIS school to a SEVIS school the student must first notify his or her current school of the intent to transfer and must indicate the school to which he or she intends to transfer. Upon notification by the student, the current school will update the student's record in SEVIS as a "transfer out" and indicate the school to which the student intends to transfer, and a release date. The release date will be the current semester or session completion date, or the date of expected transfer if earlier than the established academic cycle. The current school will retain control over the student's record in SEVIS until the student completes the current term or reaches the release date. At the request of the student, the DSO of the current school may cancel the transfer request at any time prior to the release date. As of the release date specified by the current DSO, the transfer school will be granted full access to the student's SEVIS record and then becomes responsible for that student. The current school conveys authority and responsibility over that student to the transfer school, and will no longer have full SEVIS access to that student's record. As such, a transfer request may not be cancelled by the current DSO after the release date has been reached. After the release date, the transfer DSO must complete the transfer of the student's record in SEVIS and may issue a SEVIS Form I-20. The student is then required to contact the DSO at the transfer school within 15 days of the program start date listed on the SEVIS Form I-20. Upon notification that the student is enrolled in classes, the DSO of the transfer school must update SEVIS to reflect the student's registration and current address, thereby acknowledging that the student has completed the transfer process. In the remarks section of the student's SEVIS Form I-20, the DSO must note that the transfer has been completed, including the date, and return the form to the student. The transfer is effected when the transfer school notifies SEVIS that the student has enrolled in classes in accordance with the 30 days required by § 214.3(g)(3)(iii).

⁷ 8C.F.R. § 214.2(16).

⁸ See the NAFSA Basic F-1 Procedures for Beginners (under Resources) for a list of recognized organizations, or see 19 C.F.R. § 148.87. The list includes the World Health Organization, African Development Bank, the Organization of American States, and many others, and rule at f (9)(iii)l
⁹ 8 C.F.R. § 214.2(f)(10).
¹⁰ 8 C.F.R. § 214.2(f)(10) and (11). The NAFSA Adviser's Manual notes that the regulatory requirement for the student to appear before the INS is no longer followed.