U.S. Laws and Regulations

DHS Department of Homeland Security (formerly called U.S. Immigration and Naturalization Service) 

 As of March 1, 2003, there are three Bureaus in the new DHS:

BCIS (Bureau of Citizenship & Immigration Services)

BICE (Bureau of Immigration & Customs & Enforcement)

BCBP (Bureau of Customs & Border Protection)

SEVIS: Student & Exchange Visitor Information System

A recently implemented electronic filing system of DHS for international students.

DSO: Designated School Official

At UNW: The International Student Advisor in the Registrar’s Office (N2134)

Form I-94: Arrival/Departure record

F-1: Visa for student in academic or language program

Visa: Used to enter the United States, and is stamped in the student’s passport

I-20 A-B: Certificate of eligibility for non-immigrant (F-1) student status, pages 1& 3 of the form

I-539:  Application to extend status/change non-immigration status

I-688B: Employment authorization document (EAD)

I-765:  Application for employment authorization

There are four travel documents that are important to you: (1) your valid passport (issued by your home country), (2) your U.S. visa (F-1), (3) your Form I-20 A-B or Form I-20 ID if you have previously been in the U.S. in F-1 status and (4) evidence of financial support.

 NOTE: Citizens of Canada should check with your consulate before attempting to cross the border into the US. They will advise you regarding what documents you need to have in your possession, in addition to the I-20, and they can inform you of any procedures of which you need to be aware. Do contact your consulate and be well prepared.

 NOTE: All F-1s get their I-94 at the port of entry. It is extremely important that you keep it with your passport and VISA.

Your passport, issued by your home country, identifies you as a citizen of that country. For students and their dependents on "F" visas, the passport must be valid for at least six months beyond the time of your authorized stay in the United States. To apply for extension of your passport, contact the nearest Consulate or Embassy in Washington, D.C. to obtain any necessary application forms and information about their requirements. The DSO in the UNW Registrar’s Office (Naz 2^nd floor) can provide you with an official certificate stating that you are a registered student if such a document is necessary to extend your passport. You should request information about renewal and apply well in advance of your expiration date since considerable time is required for some countries. Any time you mail your passport, it should be sent by Registered or Certified Mail. Be sure to have photocopies of the pertinent pages, including the current VISA page.

Your visa, issued by a U.S. Consulate or Embassy in your country, is stamped in your passport noting the period of its validity, the number of entries allowed and the name of the school that sent you Form I-20 A-B to obtain the visa.

Students applying for a visa will need to pay a $200 SEVIS (as of 10/27/08) filing fee before the application will be processed.

Form I-94 is issued to you when you enter the United States. It shows the date and place of entry, your status as an F-1 student and an 11-digit admission number.

This is an EXTREMELY important document, so be sure to keep it with your passport and VISA.

All ports of entry may not handle your arrival in the same manner. However, your I-20 will be stamped and returned to you. The Immigration Officer will enter your arrival information into the electronic SEVIS system.

NOTE: The DSO keeps a copy of all of your documents. Please bring all of your travel documents to this person in the Registrar’s Office (N2134) as soon as you arrive. The university must have copies of your documentation on file ASAP.

 IMPORTANT: You should have your I-94 and your I-20 A-B in your possession at all times except when DHS is processing documents for you. It is highly recommended that you carry a copy of these documents with you at all times. If you should lose them, you should apply for replacement documents. The DSO, in the Registrar’s office, should help you with any immigration matters. 

Duration of Status-D/S

Students on F-1 visas are admitted to the United States for "Duration of Status" (abbreviated D/S) on your documents. To maintain F-1 status you must:

1. Be registered for a full course of study, which at UNW is defined as a minimum of twelve credits per semester.
2. 2.       Keep your passport valid!!!

NOTE: Your passport may be set to expire while you are at UNW. If yours expires while here, and you return home (out-of-USA), with the plan of returning to the USA again, you may need to wait until your passport can be updated before returning to the USA.

1. Make progress toward completing your course of study within the specified time indicated on your form I-20 A-B. An F-1 student is allowed a period of up to sixty days after he/she completes his/her course of study to prepare to leave the U.S. or change his/her visa status.
2. H-1B Cap-Gap Extension: This applies to anyone currently doing OPT work who has applied for H-1B status and needs to be extended to the employment start date of October 1 (the first day of the following fiscal year). The student must not have violated the terms or conditions of his or her F-1 status. Cap-Gap Extensions are terminated if the H-1B petition is rejected, denied, or revoked. Anyone with questions regarding this option should check with their DSO (in the Registrar’s Office, Naz 2^nd floor).

Extension of Stay Requests

If a student must remain in an educational program beyond the date originally estimated for completion of the program he/she must comply with all DHS procedures for program extension. Application must be made to the DSO. This application must be made to the DSO in a 30-day period before the program completion date originally estimated. 

To transfer eligibility/maintain status, you must:

1. Inform the DSO at the school you are currently attending of your intention to transfer;
2. Follow the instructions of the DSO because there are several options for entering your information into SEVIS.

An F-1 student returning to the United States from a temporary absence to attend the school that the student was previously authorized to attend must present a properly endorsed page 3 of Form I-20A-B.

 

NOTE: Therefore, prior to leaving campus, you should bring your documents to the International Student Advisor in the Registrar’s Office to be sure all is in order for your re-entry. We highly recommend that your DSO, here at UNW, sign and date your I-20, prior to leaving campus, This will insure that your I-20 will remain valid for 1 year from the most recent signature and date.

Government rules change periodically so the International Student Advisor should be contacted before application for employment is considered.

An F-1 student may be employed on campus up to 20 hours per week while classes are in session, and up to 40 hours per week during vacation periods. Under no circumstances can an F-1 student be employed for more than these numbers of hours.

Process for International Student Employment on campus:

1. Get a job (check the Student Employment tab on the UNW website)
2. Get a Social Security Card (ask Student Employment or the International Student Advisor about the process; C-GRACE staff and mentors can also assist you)
3. Start work!

The Immigration Act of 1990 and 1991 Revision permits F-1 students to work off-campus on a part-time basis while school is in session and full time during holidays or school vacations in one of three categories: (1) optional practical training, (2) curricular training, and (3) economic hardship.

NOTE: All 3 circumstances require application first with the DSO. In order to qualify for employment, the student must also:

1. 1.       Have been in F-1 status for at least one full academic year, and
2. 2.       Be in good academic standing.

For information regarding off-campus employment, contact the DSO (Registrar’s Office, Nazareth Hall 2^nd Floor).

The spouse or children of the F-1 student may enter the U.S. on an F-2 visa provided they have evidence of adequate financial support. A person on an F-2 visa may not be employed under any circumstances.

The DHS regulations permit F-1 students enrolled in post-secondary educational programs to participate in Curricular Practical Training, which is an integral part of the curriculum, and in Optional Practical Training. Eligible students may obtain authorization for Curricular Practical Training from their Designated School Official (DSO), but must apply to the DHS for employment authorization for Optional Practical Training. Employment for Optional Practical Training must relate directly to the student's major area of study and is limited to one year in duration.

NOTE:

• CPT is available only while student is of F-1 status and before completion of educational objective.
• Standard Optional Practical Training can be applied for up to 90 days prior to the program end date and up to 60 days after the program end date, provided that it is filed within 30 days of the date the DSO enters the OPT recommendation into SEVIS.

If you wish to open a bank account or will be employed either on or off campus, you must have a social security number. Application for a social security number must be made to the Social Security Administration in Minneapolis. You must take your passport, I-20 and I-94.

ALL international students on F-1 visas are required to file a 1040NR tax return at the end of the calendar year if you have earned any income while in the U.S. during the previous year. You will receive a W-2 tax statement in January with the totals you will need to report on your tax return. Depending on the tax treaty between the U.S. and your resident country, taxes may be withheld from your payroll checks. International students are exempt from Social Security and Medicare taxes. 

If you are hired for employment at UNW, there are several documents that you will need to file with the payroll office. You will need to have a social security card, passport with your F-1 visa, and a copy of your I-20. Come to the payroll office with these documents. At that time it will be determined if you have exemption from federal and state withholding taxes based on the treaty between your resident country and the U.S. If you are exempt, you will be asked to fill out form 8233 (claiming the exemption) and sign a letter stating that you are exempt. These are needed for us to file with the Internal Revenue Service. If you earn more than the minimum that the treaty allows or are not eligible for exemption, you will need to fill out a W-4 form and will be subject to federal and state tax withholding from your payroll check. Form 8233 and the Letter of Exemption need to be re-filed every calendar year that you work here. So you will be asked each January to come and fill out new forms for the next year. Please call the student payroll office at ext. 3381 if you have any questions.

NOTE: It is very important that you inform the DSO in the Registrar’s Office each time you change your address within 10 days, even if only for a short time such as summer vacation. YOU have a responsibility to the DSO and DHS to have a current address for all international students who are approved to attend the University. We must know how to reach you at all times. The DSO will enter your address changes into the SEVIS system.

As a foreign student, you are subject to US laws except those pertaining to immigration, voting rights and citizenship; you are also protected by American laws.

Should you come into conflict with U.S. law, the first person to contact is the DSO in the Registrar’s Office or the Director of Cultural Development  G105. He/She will let you know whom to contact next, either a lawyer or another responsible person.