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SEVIS IMMIGRATION REGULATIONS: A SUMMARY
The Immigration and Naturalization Service publishes a final
rule in the Federal Register on December 11, 2002, which created
several changes to the F regulations under which international
student and their dependents were admitted to the United States.
Starting January 1, 2003, the following rules apply to those
in F-1 and F-2 status:
ENTRY AND EXIT FROM THE UNITED STATES
Students may enter the United States up to 30 days before
the start date on the I-20.
Students who withdraw from school with approval from International
Student Services have a 15-day grace period to leave the U.S.
before they fall out of status.
If International Student Services does not authorize the withdrawal,
the student has no grace period to leave the U.S. and is immediately
out of status.
DISTANCE EDUCATION
Students may take one class (3 credits) of distance learning
per term and count it toward a full course of study if that
class does not require physical attendance for classes, exams
or other purposes on the campus where it is offered.
At this time, no more than 3 credit hours of the full-time
course load should be a distance education class (web, TV,
other distance learning courses).
CONCURRENT ENROLLMENT
Students who are also enrolled at a second university in addition
to WVU Tech must provide International Student Services with
copies of their class schedules from both schools to verify
combined full-time enrollment each term. International Student
Services must receive the class schedules no later than one
week after WVU Tech´s semester has begun.
REDUCED COURSE LOAD
Students may reduce their course load below full time for
2 reasons: academic or medical. In both cases, they must first
obtain authorization from International Student Services before
they drop any classes or before they enroll part-time. A student
who does not get authorization before reducing the course load
falls out of status. Be certain that you have been approved
by the Office of International Students to be part time by
FILING AN ACADEMIC STATUS FORM TO REQUEST REDUCED CREDITS(OR,
IF APPROPRIATE, A CONFIRMATION OF FEWER THAN 12 CREDITS FORM)
EACH AND EVERY SEMESTER THAT YOU REGISTER FOR OR DROP BELOW
12 CREDITS.
Academic reasons include initial difficulty with English or
reading requirements, unfamiliarity with American teaching
methods, or improper course level placement. Students may use
this reason to drop below full time only once per degree level.
Such students must resume a full course load the next term.
Students may take a reduced course load in their final term
if only one or two classes are needed to complete the degree,
but students may not continue to be enrolled only for administrative
purposes if all degree requirements are met. Students in this
situation must still have the signed forms on file in the Office
of International Students.
Student who fall ill may be authorized by International Student
Services to reduce their course load or to take no classes
up to 12 months total per academic level. Such students must
provide International Student Services with a letter from a
licensed Medical Doctor, Doctor of Osteopathy, or a licensed
Clinical Psychologist before dropping courses. International
Student Services must re-authorize reduced course loads for
illness before each term begins with new documentation from
the medical provider.
To avoid falling out of status, students must notify International
Student Services at the beginning of the term in which they
return to class fulltime after taking a reduced course load.
EXTENSIONS
Students must apply for an extension of form I-20 prior to
current I-20´s program end date. No extension may be granted
if students do not request one prior to the current I-20´s
program end date. Students who fail to make a timely request
for extension will fall out of status.
TRANSFER
Upon completion of a degree program, students may remain in
the United States for up to 5 months maximum when transferring
to a new degree program. The 5-month period begins on the completion
date of the first degree program.
Students who have fallen out of status are ineligible for
transfer; they must either apply for reinstatement from INS
or depart and re-enter the U.S. with an initial entry I-20
for a new program.
Students wishing to transfer must notify International Student
Services of the date they wish to transfer and the name of
the new school. They must notify International Student Services
before the end of the current semester.
EMPLOYMENT-OPTIONAL PRACTICAL TRAINING
Students on F-1 Optional Practical Training following completion
of their degree programs have certain new legal responsibilities
and restrictions. Because these students still hold F-1 status,
they must still be reported to SEVIS by the school whose visa
sponsorship they are on. Therefore, WVU Tech students on F-1 OPT must now (by law)
report to the International Student Services when they terminate
practical training by taking any of the following actions:
transferring to another school for a new
degree program (you will need to notify us
requesting INS to rescind your OPT authorization (you will
need written proof that INS rescinded it)
changing to another nonimmigrant (or immigrant) status before
the ending date of your OPT
authorization (you will need to send us documentation of the change)
leaving the U.S. for anything other than a brief vacation before the ending
date of your OPT authorization
Students may get 12 more months of Optional Practical Training
(OPT) at each higher degree level.
REINSTATEMENT
F-1 students who fall out of status with the INS and wish
to apply to the INS for reinstatement of status are now facing
stricter regulations than in the past. New regulations now
RESTRICT REINSTATEMENT APPLICATIONS TO F-1 STUDENTS WHO:
Have not been out of status for more than 5 months at the
time of filing (or demonstrate that the failure to file
within 5 months was due to exceptional circumstances)
Do not have a record of repeated or willful violations of
INS regulations and are currently pursuing a full course
of study (or intend to do so in the next available semester)
have not engaged in unauthorized employment and can establish
that the violation of status resulted from circumstances
beyond the student´s control which may include injury, illness,
closure
of school, natural disaster, and so on.
Establish that the violation of status resulted from a reduced
credit load that COULD have been approved by the international
student office IF THE STUDENT HAD REQUESTED AND RECEIVED
APPROVAL PRIOR TO REGISTERING FOR A REDUCED COURSE LOAD F-1 students who believe they may be out of status should
contact the Office of International Students IMMEDIATELY and
arrange to meet with their international student adviser to
discuss their situation.
If the student has been employed without authorization, no
reinstatement is possible.
NAME/ADDRESS REPORTING
Student must notify International Student Services and INS
of new name/address within 10 days after the change. International
Student Services must then update SEVIS within 21 days.
You must still submit all changes of address to the INS as
well. However, by completing and submitting Form AR-11or AR-11
SR (Special Registration) to International Student Services,
you meet both requirements. Forms AR-11 and AR-11 SR may be
downloaded from the following government site, http://www.immigration.gov/graphics/index.htm.
Students must provide their physical home address as well
as their mailing address (if different from the physical address).
F-2 DEPENDENTS
As of January 1, 2003, schools must now track and record data
on all F-2 and J-2 visa holders who are on the school´s visa
sponsorship. F-2 and J-2 visa holders whose F-1 or J-1 primary
visa holder is on a WVU Tech I-20 or WVU DS-2019 (formerly
IAP-66) MUST CHECK IN AND PROVIDE PASSPORT INFORMATION AT THE
OFFICE OF INTERNATIONAL STUDENTS.
F-2 spouses may not engage in full-time study. F-2´s may participate
only in study that is a vocational or recreational; that is,
study undertaken for a hobby or study that is "occasional,
casual, or recreational in nature."
F-2 children may only engage in full-time study in grades
K-12.
SCHOOL REPORTING
International Student Services must report to INS within 21
days of the occurrence:
Students who fail to maintain status or complete program
by program date
Students´ dependents´ name and/or address change
Students graduating prior to I-20 end date
Disciplinary action taken against students convicted of a crime
Any other request made by SEVIS or INS
International Student Services must report to INS within 30
days after registration:
If students are enrolled
If students have dropped below full course of study without
Foreign Student Advisor authorization
I f students have failed to enroll
Current address of all enrolled students
Start date of student´s next term
LINK TO THE NEW F-1 REGULATIONS
F-1 students who wish to read the source document may access
the actual F-1 regulations that went into effect on 1/1/2003
by going to:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2002/02-31184.htm
PLEASE NOTE: The actual regulations begin on page 76270 everything
up to that point is commentary by the INS in which it responds
to comments submitted by the public following INS´s publication
of F-1 proposed regulations earlier in the year. The commentary
can be helpful in understanding the actual regulations, but
should not be mistaken FOR the regulations themselves.
International Student
Services WVU Tech.
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