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Requirements for F-1 Language Students

SEVIS Resource (SR) 2003-e The Impact of F SEVIS Regulations on Language School Operations Version: April 3, 2003

Requirements for Language School Students with F-1 Status

As an international student, you have an obligation to comply with the immigration laws and regulations of the United States. It is illegal to violate U.S. federal immigration laws and regulations for any reason whatsoever. Being a student with F-1 status, you are responsible for learning, understanding, and complying with the U.S. laws and regulations that apply to you. If you fail to do so, you could be deported from the United States and barred from returning for an extended period of time, thereby jeopardizing your academic career. It is extremely important that you read and fully understand the following information.

Requirement to Arrive and Depart the U.S. within Appropriate Timeframes

U.S. federal regulations [8CFR214.2(f)(5)(i)] stipulate that students may enter the United States no earlier than 30 days before the report date on the Form I-20. An F-1 student who has completed his or her academic program will be allowed a 60-day period to prepare for departure from the United States. An F-1 student who has been authorized to withdraw from classes prior to completing his or her academic program is allowed a 15-day period to prepare for departure. Students who withdraw without the prior approval of the international student advisor must depart the U.S. immediately [8CFR214.2(f)(5)(iv)].

Requirement to Report Address Changes

U.S. federal regulations [8CFR214.2(f)(17)] require you to report any address change within 10 days of the address change directly to the international student advisor. This includes address changes of any of your dependents as well. If you are subject to the U.S. Government’s Special Registration Procedures, you must also report address changes within 10 days to the government, per the government’s instructions (see: http://www.immigration.gov).

Requirement to Obtain Prior Authorization from the School to Drop Below a Full Course of Study

U.S. federal regulations [8CFR214.2(f)(6)] require you to pursue a full course of study. You are allowed to deviate from this full course of study only with PRIOR authorization of the international student advisor, and only under very limited circumstances.

Requirement to Report Departure Date and Reason

For a variety of reasons, students may leave school early or unexpectedly. Some of these reasons include early graduation, leave of absence, suspension, or expulsion. U.S. federal regulations [8CFR214.3(g)(3)] require you to inform the international student advisor if you plan to leave the school earlier than the program end date listed on your Form I-20, and your reason for doing so.

Requirement to Request Extension Prior to Program Completion

You must pay close attention to the program completion date indicated on your I-20. Your F-1 status will end on the program completion date unless extended by the international student advisor. In order to qualify for a program extension, you are required by U.S. federal regulations [8CFR214.2(f)(7)(iii)] to make request before your program completion date; program extensions can be requested at any time during your academic program.

Requirement to Adhere to Transfer Procedures

For immigration purposes, transfer simply means that a student is leaving one school’s “I-20 program” for another school’s “I-20 program”. This can happen, for example, when a student completes his or her academic program at a language school and then goes on to an undergraduate or graduate program at a U.S.-based community college, college or university. Students who wish to transfer must be in contact with two schools: the current school and the new “transfer” school. Both of these schools must be authorized to enroll international students by the U.S. Immigration and Naturalization Service. To transfer, regulations [8CFR214.2(f)(8)(ii)(C)] require that you:

• Apply for admission and be admitted to the new “transfer” school;
• Inform your current school as soon as possible after admission and, no later than the last day of your academic program;
• Inform the new transfer school of the expected transfer date (usually the last day of your academic program); and,
• Complete the process at the transfer school no later than 15 days after the first class day at the school.

Careful attention to the last date of the academic program at the current school and the first day of classes at the transfer school is very important; failure to complete the transfer process in the prescribed timeframe [8CFR214.2(f)(8)(i)] will cause you to violate your immigration status.

Dependent Requirements

F-1 students are eligible to bring dependents (spouses and children under the age of 21) into the U.S. in F-2 status. F-2 dependents may not enroll in a full course of study, but may enroll part-time in courses that are avocational or recreational in nature [8CFR214.2(f)(15)(ii)]. F-2 dependent children are allowed to attend elementary and secondary school on a full-time basis. F-2 dependents who are currently enrolled full-time must submit a change of status to F-1 on or before March 11, 2003. F-2 dependents are not permitted to work [8CFR214.2(f)(15)(i)].

School Reporting Requirements

U.S. federal regulations [8CFR214.3(g)(3)(ii)] require the international student advisor to report through SEVIS within 21 days of occurrence the following events:

• A student who has failed to maintain status or complete his or her degreeprogram,
• A change of the student or dependent’s legal name or U.S. address,
• Any student who has graduated early or prior to the program end date listed on SEVIS Form I-20,
• Any disciplinary action taken by the school against the student as a result of the student being convicted of a crime; and,
• Any other notification request made by SEVIS with regard to the current status of the student.

In addition, federal regulations [8CFR214.3(g)(3)(iii)] stipulate that every term and no later than 30 days after the deadline for registering for classes, all schools must report through SEVIS the following information:

• Whether the student has enrolled at the school, dropped below a full course of study without prior authorization of the DSO, or failed to enroll;
• The current address of each enrolled student; and,
• The start date of the student’s next session, term or semester.