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Practicing exclusively on Immigration and Naturalization legal matters for businesses, individuals, and families, throughout the US and the world.
Summary of New F-1 Regulations on Student Visas and SEVIS Effective January 1, 2003
On December 11, 2002, the then-INS published a final rule titled "Retention and Reporting of Information for F, J, and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS) (4.5MB .PDF file)." The rule took effect on January 1, 2003. Although widely noted as the rule implementing SEVIS, this Federal Register entry also made a number of changes in how students maintain and reinstate status, how and when they can obtain practical training authorization, and a number of other issues.
Optional Practical Training - 214.2(f)(10)
F-1 students now become eligible for a new one-year period of post completion optional practical training ("OPT") when a student changes to a higher educational level. Under the new rules, a student could receive one year of OPT upon completing a Bachelors, then get an additional one year OPT for Masters, and then, if the student newly enrolls in a Doctoral program, the F-1 can get a third year of post completion OPT once the Ph.D. is completed.
Request for Practical Training - 214.2(f)(10)(ii)(C)
The new rule specifies that post completion OPT must be requested prior to the completion of the course requirements or prior to the completion of the course of study. For students requesting summer vacation OPT after the first year of study, the application to the BCIS (after school approval of the student?s request for OPT) may be made up to 90 days prior to the completion of the first academic year.
OPT Procedures under SEVIS - 214.2(f)(10)(ii)(E); 214.2(f)(12)
The new rule establishes that, despite the electronic SEVIS records, and the school?s obligation to verify work and home addresses during OPT as well as dates of OPT in the Department of Homeland Security?s SEVIS records, an EAD card still must be requested and obtained before OPT can commence.
A student in OPT remains in F-1 status and therefore the school is required to update in SEVIS any name, address or employment changes during OPT. The term "employment changes" should not be construed to mean that the student must first get permission from the school or INS prior to changing OPT jobs or employers
Dependents - 214.2(f)(15)(ii)
The new rule states that F-2 dependents may not be enrolled full-time in a degree granting course of post-secondary study. F-2 dependents may be enrolled in elementary and secondary school or any avocational or recreational studies. There is no grandfathering of current F-2s enrolled in college, and all such F-2s must apply for a change of status to F-1 by March 11, 2003.
Name and Address Registration - 214.2(f)(17)
The address change registration required by INA 265 (8 CFR 265.1) is satisfied by SEVIS notification within 10 days (even though the school is not required to update SEVIS data until 21 days after the change), but address changes for students registered under Special Registration (NSEERS) still must be filed separately on the Special AR-11, in addition to SEVIS.
SEVIS F-1 Obligations - 214.3(g)
The school must report the following within 21 days: failure to maintain F-1 status or complete educational program, change in address or name, graduation early or prior to program end date on SEVIS I-20, disciplinary action taken by school. Each semester and no later than 30 days after the deadline for class registration, schools must report the following: whether the F-1 student has enrolled, identification of any F-1 student who has dropped below a full course of study without authorization, the current address of the F-1 student.
Education Privacy - 214.1(h)
The new rule implements 641(c)(2) of IIRIRA waiving FERPA (Family Educational Rights and Privacy Act) for purposes of the school information that is required to be collected under 214.3(g).
Admission Procedures - 214.2(f)(1); 214.2(f)(5)(i)
F-1 students in possession of a valid I-20 Certificate of Eligibility may still utilize such document to be admitted to the U.S. prior to August 1, 2003, as long as the I-20 form was issued prior to January 30, 2003. All F-1 students must be entered into SEVIS (Student and Exchange Visitor Information System) and issued SEVIS I-20s no later than August 1, 2003. Students may be admitted under the new rule no more than 30 days prior to the start of classes. Formerly, the student could be admitted 60 days prior to the start date.
Reinstatement of Status - 214.2(f)(16)
The new rule changes the legal standards for applications for reinstatement of student status. Now, the student must apply for reinstatement not more than 5 months after being out of status. Or, if the application is outside of the 5-month limit, the student must establish that failure to timely file was the result of exceptional circumstances. To have a reinstatement approved, the student must show either that the violation of status resulted from circumstances beyond the student's control or that the violation relates to a reduction in the student's course load that would have been within a Designated School Official's power to authorize and that failure to approve reinstatement would result in extreme hardship to the student.
Grace Periods - 214.2(f)(5)(iv)
Students who have completed their course of study and any authorized practical training have a 60-day grace period after expiration of F-1 status. The 60 days run from the end date of the completion of the course of study or the end date of any authorized practical training, whichever is later. F-1 students who obtain authorization from their school to withdraw from school receive a 15-day grace period. Under the new rules, grace periods explicitly do not apply in any other circumstance.
Reduced Course Load - 214.2(f)(6)(iii)
The new rule establishes that a reduced course load is only acceptable to maintain F-1 status if it is subject to prior approval by the school and includes at least six semester or quarter hours, or half the clock hours required for a full course of study. A reduced course load for less than half time is only acceptable for defined medical reasons (214.2(f)(6)(iii)(B)) or for the final term of study if the school determines that fewer courses are needed to complete the course of study (214.2(f)(6)(iii)(C)).
Program Completion Date - 214.2(f)(7)(ii)
The new rule eliminates the ability of schools to allow a grace period of up to one year to the program completion date.
Program Extension - 214.2(f)(7)(iii)
The new rule requires that program extension must be requested by the student prior to the end date on the I-20. Any student who is unable to complete the educational program before the end date on the I-20, and does not request a program extension prior to the end date on the I-20, is out of status.
On Campus Employment - 214.2(f)(9)(i)
The new rule establishes that F-1 students may not work on-campus more than 30 days prior to the actual start date of classes, for those F-1s making their first F-1 entry to the U.S. Under the new rule, transferring F-1s cannot work on-campus until the receiving school has SEVIS jurisdiction over the student?s SEVIS records.
Wage and Labor Attestation Program - 214.2(f)(9)(ii)
The final rule confirms that the wage and labor attestation pilot program is now defunct by removing references to it in the regulations.
Q. Who is Allowed to Study in the United States?
A. A nonimmigrant is someone admitted to the U.S. temporarily for a specific purpose. People who are coming to the United States to pursue full-time academic or vocational studies are usually admitted in one of two nonimmigrant categories. The F-1 category includes academic students in colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, and in language training. The M-1 category includes vocational students.
Q. How Do I Apply?
A. How Do I Apply if I am Outside of the United States? You first must apply to study at a USCIS-approved school in the United States. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should give you USCIS Form I-20 A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). If you require a visa, then you should take the USCIS Form I-20 to the nearest U.S. consulate to obtain a student visa. Only bring the USCIS Form I-20 from the school you plan on attending for visa processing at the U.S. consulate. You must also prove to the consulate that you have the financial resources required for your education and stay in the United States.
When you arrive in the United States, you should receive a Form I-94 (Arrival-Departure Record) that will include your admission number to the United States. An Immigration inspector will write this admission number on your USCIS Form I-20 A-B/ ID. The Immigration Inspector will then send pages one and two of this form, known as I-20 A-B, to your school as a record of your legal admission to the United States. You are expected to keep pages three and four, known as the I-20 ID. This document is your proof that you are allowed to study in the United States as an F-1 student. You should see your designated school official (DSO) if you need a replacement copy of your I-20 ID. You should also keep safe your Form I-94, because it proves that you legally entered the United States.
Q. How Can I Change My Nonimmigrant Status to Become a Student If I Am Already in the United States?
A. You first must apply to study at a USCIS-approved school in the United States*. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should send you USCIS Form I-20 A-B/IID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). You must submit this form and a USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) to the USCIS. You must also prove that you have the financial resources required for your education and stay in the United States.
*Please be aware that if you have been admitted as a B-1 (Temporary Visitor for Business) or B-2 (Temporary Visitor for Pleasure) visa holder, you may not begin your program studies until your application for these studies is approved.
Q. I came in with a student visa and have been studying here in the U.S. How can I apply for work authorization?
A. You should discuss employment with the Designated School Official (usually the foreign student advisor) at your school. | 
