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, including changes mandated by the new Student and Exchange Visitor Information System.

Changing Academic or Degree Programs

          Transferring Schools

Students may transfer to a new school up to 60 days after completing a course of study at another institution. Because SEVIS allows a student's records to be available to only one school at a time, the student will be issued the new I-20 only when the date specified for their transfer occurs. After this date, the initial school will no longer have access to the student’s SEVIS records, so the student must be sure of their desire for a transfer.

          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, either through failure to enroll for a full course of study during a term, unauthorized employment, or for any other reason, they must seek reinstatement with the INS before being allowed to continue their studies. This request must be made within five months of falling out of status. Also, unless the status violation relates to taking less than a full course load when the Designated School Official could have authorized it, the student must show that the need for reinstatement was the result of circumstances beyond their control. 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.

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. That a student is obtaining curricular practical training must be noted in SEVIS.

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 apply to the designated student officer, who 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, DSO notes the recommendation in SEVIS, and sends the I-12 to the INS along an application for work authorization.

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.