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THE ABC’S OF IMMIGRATION – F-1 STUDENT VISAS, PART 2
Last week we began our discussion of F-1 student visas with the procedures for applying for one.  This week we will continue with the discussion, focusing on program changes and employment issues. 
Changing Academic of Degree Programs 
            Transferring Schools 
When the foreign student transfers from one school to another, a notification procedure must be followed.  The student must obtain a new I-20 from the new school and inform the designated student officer at the first school of their intent to transfer.  After completing the new I-20 the student submits it to the designated student officer at the new school.  This must be within 15 days of beginning class at the new school.  The I-20 must be endorsed by the designated student officer of the new school who must then send a copy to the officer at the first school and to the INS.  This must be done within 30 days of receiving the I-20 from the student.  If the foreign student had employment authorization, it is terminated upon a change of schools. 
            Changing Educational Programs 
If a foreign student changes educational programs within the same institution, a similar process is required.  The student should obtain a new I-20 and within 15 days of beginning the new program, submit it to the school’s designated student officer.  The officer should note on it that the student is changing from one program to another at the same institution, and submit it to the INS within 30 days of receiving it from the student.  If the student had employment authorization, he will not lose it because of a change in program. 
A change in educational program is not a change in major.  Rather, it indicates that the student is pursuing an entirely new degree.  If the student changes major, they will need a new I-20 before leaving the US, as the old one will no longer be accurate for reentry purposes.  However, the INS does not need to be notified of this change. 
            Out of Status Students 
If the student is out of status, that is, has failed to enroll for a full course of study during a term, they must seek reinstatement with the INS before being allowed to continue their studies.  A request for reinstatement must include the following: 
Form I-539 Request to Change or Extend Nonimmigrant Status 
Form I-20 (school’s copy) 
The student’s I-94 
A supporting statement 
Filing fee of 0 for the I-539 
The support statement is the crucial element of this application.  It must outline that the student’s failure to maintain status was because of circumstances beyond his or her control, and that failure to reinstate the student would result in extreme hardship to the student.  The letter must also specify that the student is now, or will, pursue a full course of study, has not been employed without authorization, and is not in removal proceedings.  The reinstatement application is filed with the INS district office having jurisdiction over the school. 
Employment Related Issues 
As a general rule, foreign students are not authorized to work while in the US.  There are, however, some exceptions to this rule. 
On Campus Employment 
Two types of on campus employment are allowed without explicit INS authorization.  These are 
·        On campus employment that will not displace a US resident 
·        On campus employment as part of a scholarship, fellowship, post-doctoral appointment, etc. 
For the first type, the issue will be whether a US worker will be displaced.  Whether this is the case is left by and large to the school.  The standard used is whether the job is one typically filled by students, such as library assistants.  If this is the case, a US worker will not be displaced.  The employer in this situation need not always be the school.  For example, the foreign student can work for a commercial firm that contracts with the school to provide services, such as a bookstore or cafeteria.  While school is in session the student cannot work more than 20 hours per week, although during vacations the student may work full time.  
The second type of preauthorized employment, when it is part of a scholarship, etc., is considered part of the academic program.  While the work must be “on campus,” INS regulations allow work at some off campus locations.  There are two primary situations when this is the case.  First, if the workplace is “educationally related” to the school, it is considered on campus.  Second, a workplace that is “educationally affiliated” with the school is considered on campus.  This covers situations in which the student is conducting research with a professor who has a research grant that does not come from the school.  Again, the student cannot work more than 20 hours a week while school is in session, but can work full time during vacations. 
Beginning June 10, 1998, the INS has allowed students from certain designated countries to work on campus more than 20 hours a week without express INS authorization.  These countries, Indonesia, South Korea, Malaysia, Thailand and the Philippines, were among the hardest hit by the recent Asian financial crisis, and the INS rule recognizes that they may not have the same access to family funds as they did when first coming to study.  The student must prove to the school’s designated student officer that they will suffer extreme economic hardship if not allowed to work more than 20 hours.  The officer will make a note of this on the I-20.  Such students are also allowed to reduce their course load and still maintain their F-1 status 
Work-Study Employment 
The second type of student employment that does not require specific INS authorization is employment in conjunction with a work-study program (also called “curricular practical training”).  Such programs require students to work as part of their academic training.  Other types of employment covered by this rule include work for which the student receives academic credit, and work that is required for graduation, such as an internship, whether of not academic credit is earned.  A student cannot engage in curricular practical training during the first nine months in school, although an exception is made for graduate students.  If a student receives more than one year of curricular practical training, they are not eligible for optional practical training.  
Although INS authorization is not required for curricular practical training, the school does have to notify the INS of such employment.  This is done on Form I-538.  
Off Campus Employment because of Economic Necessity 
For a student to obtain permission to work off campus because of an unforeseen economic necessity, INS permission must be obtained.  Also, the student must meet the following requirements: 
·        There is “a severe economic hardship caused by unforeseen circumstances beyond the student’s control.”  Examples include loss of financial aid or on campus employment without fault on the part of the student, a severe devaluation in the currency of their home country, substantial increases in the cost of tuition or costs of living, medical bills, and an unexpected change in the condition of the student’s source of support. 
·        There must be no suitable and available on campus employment opportunity 
·        The student must have completed a full academic year of study (nine months) 
·        The student must be in good academic standing 
·        The designated student officer must recommend work authorization 
·        The student must obtain employment authorization from the INS 
·        The student can work no more than 20 hours while school is in session 
Optional Practical Training 
Optional practical training is designed to give the foreign student an opportunity to further their education by applying what they have learned in a job.  The job must be related to their field of study, and the student is authorized to work no more than 12 months.  Optional practical training, often referred to as OPT, may be obtained during school or after graduation, but is still limited to 12 months.  Therefore, any OPT time used before graduation will mean it is unavailable after graduation.  It must be completed within 14 months of the student’s completion of the academic program. 
Pre-graduation OPT is available in the following circumstances: 
·        When school is not in session, as long has the student is eligible for the next academic semester and intends to register 
·        When school is in session, so long as the student works less than 20 hours a week 
Post-graduation OPT is available in the following circumstances 
·        When the student has completed the course of study 
·        When the student has completed all classroom requirements for a degree, but has not completed a thesis (or its equivalent) necessary for the degree 
Applying for Optional Practical Training 
The student must submit Form I-538 to the designated student officer along with their I-20.  The officer will evaluate the request and make a recommendation on it.  This recommendation is to be based on two factors, whether the training sought is related to the student’s field of study and whether it is appropriate for their educational level.  Once this decision is made, the school sends the Form I-538 to the INS for notification purposes, and notes on the student’s I-20 that OPT is recommended, as well as the dates it is to occur. 
The student then applies to the INS for an employment authorization document.  The application must include the following: 
·        Form I-765 Application for Employment Authorization 
·        Form I-20, recommending OPT 
·        A copy of the student’s I-94 
·        An executed I-765 signature card 
·        Two green card style photographs 
·        Filing fee of 0 
This application is sent to the INS Service Center.  The Service Center will either send the employment authorization card directly to the student or to the local INS office with jurisdiction over the school.  If the INS does not adjudicate the request within 90 days, the student may go to the local INS office, and, upon presenting the receipt notice from the Service Center, receive an interim employment authorization document that will be valid for 240 days.