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F1 - Students with I-20
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The international student advisors in the Office of Graduate Programs are prepared to answer questions about foreign student status in the United States and to offer genuine interpretations of the U.S. government regulations. However, it is ultimately the responsibility of the student to abide by the laws that relate specifically to "nonimmigrant" aliens in the U.S. Failure to do this may subject the international student to deportation. The Department of Homeland Security's Immigration and Customs Enforcement (ICE) is responsible for enforcing U.S. immigration regulations. Maintaining Student StatusIn order to be in compliance with USCIS regulations a student must:
Travel and Re-entry to the United StatesTo enter the United States, continuing students need the following documents:
Travel to Contiguous Territory
(i.e., Canada ,
Mexico , or Adjacent
Islands other
than Cuba) When traveling to contiguous territory, international students do not typically give up their I-94 cards. Thus, to re-enter the U.S. from contiguous territory, the student must present a valid passport with a U.S. visa, a valid I-94, and I-20 as well as financial documents. Re-entry for many students with an expired visa is possible as long as the trip has been less than 30 days and the student was in status in the U.S. when entering the contiguous territory. This process is known as automatic visa revalidation. However, students from certain countries (Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, and "state sponsors of terrorism") are not eligible, and will need to renew their entry visas before returning to the U.S. Important: Applying for a U.S. visa in Canada or Mexico
- new rules Travel outside the US
while on Optional Practical Training (OPT) Graduated students on OPT should carry proof of employment or a continuing effort to obtain employment. Even if you have your EAD and SEVIS I-20 form endorsed for travel, you are allowed to enter the U.S. only if you also have a valid F-1 entry visa. So, if your entry visa expires, you must renew it before returning to the U.S. (with the exception of Canada and Mexico under automatic visa revalidation). Otherwise, you will be denied re-entry in F-1 status, and that would cause you to lose your Optional Practical Training employment privileges. EmploymentF-1 students are eligible for on-campus employment throughout their studies provided they have obtained the written authorization of the international student advisor. Off-campus employment is available only after they have been in F-1 status for a full academic year (or 9 consecutive months). All students must have a Social Security Card to work on or off-campus. Click here for more information about obtaining a Social Security Number. On-Campus Employment We advise students that although there is an on-campus employment privilege, these opportunities are limited and international students may not rely on on-campus employment to determine financial resources for the year. USCIS authorization is not required for on-campus employment, but school policy requires that students obtain a letter from the international student advisor prior to engaging in any on-campus employment. Please note that first semester employment is rarely permitted. To obtain on-campus employment permission, the F-1 student should submit the On-Campus Employment Authorization Request Form to the Office of Graduate Programs with copies of the most recent I-94 card and I-20 form. Off-Campus Employment: Optional Practical Training F-1 students are eligible for off-campus employment, called Optional Practical Training (OPT), after being in F-1 status for a full academic year (nine months). Students should file for OPT approximately 90 days before the start date of their proposed employment. It may take the USCIS this long (or longer!) to approve your OPT request and send you your work authorization. To apply for OPT, follow the instructions here. The work authorization is issued in the form of an EAD (Employment Authorization Document) that will be mailed to the address indicated on the OPT application, the I-765. F-1 students are eligible for a total of 12 months of OPT and a job offer is not required in order to apply for work permission. Note: You may only begin employment after receiving the EAD and only for the dates listed. Once you receive your employment authorization, you must:
Travel outside the US while on Optional Practical TrainingStudents who have already graduated should not travel outside the U.S. before receiving your Employment Authorization Document (EAD). Doing so may mean that you abandon your petition and lose the employment benefit for F-1 students. Also, remember that current regulations permit you to be readmitted in student status only if you are returning "after a temporary absence" and "to resume employment." Even if you have your EAD and an I-20 form endorsed for travel, you are allowed to enter the U.S. only if you also have a valid F-1 entry visa. So, if your entry visa expires, you must renew it before returning to the U.S. Otherwise, you will be denied re-entry in F-1 status, and that would cause you to lose all your employment privileges.
Revised September 12, 2005 (MD) |
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