GENERAL
Non-SEVIS forms DS-2019 (or IAP-66) issued prior to January 30, 2003 are no longer valid. All current USC International students' information were entered into SEVIS by August 1, 2003 and all current USC students have a SEVIS I-20.
DEPARTURE
There are two grace periods for departure preparation: a student who has completed a course of study and any authorized practical training following completion of studies has 60 days in order to depart, transfer, or file for change of status. A student who has been authorized to withdraw from classes has 15 days to depart from the US. Students who terminate their course of study without obtaining prior approval are not eligible for any additional grace period.
FULL COURSE OF STUDY
A full course of study is general considered to be twelve (12) units per term for an undergraduate student and eight (8) units for a graduate student. These requirements refer to the fall and spring semesters (the academic year.) Enrollment is not required during the summer session. the only exception to the full time enrollment requirements is during the final semester of study when the total number of units required for degree completion is considered to be full time for SEVIS purposes. A student who drops below a full course of study without the prior approval of OIS will be considered out of status. OIS must also authorize a reduce course load in advance of the "final semester of study" even if fewer courses of study are needed for completion.
DISTANCE EDUCATION CLASSES
No more than one class or three credits per term may be counted toward the full course of study requirement if the class is taken on-line or through distance education, or the distance Education Network (DEN) classes, examinations or other purposes integral to the completion of the course. During the summer term when enrollment is not required, there is no restriction on the number of distance education classes, or Distance Education Network (DEN) classes offered by school of Engineering, which can be taken.
EXTENSION OF STAY
OIS may not grant an extension if the student did not apply for an extension until after the program end date noted on the SEVIS I-20AB. An F-1 or J-1 student who is unable to complete the educational program within the time listed on SEVIS Form I-20AB/DS-2019 and who is ineligible for program extension is considered out of status. If eligible, the student may apply for reinstatement. An F-1 student who is unable to meet the program completion date on the SEVIS Form I-20AB may be granted an extension if the student has continually maintained status and that the delays are caused by compelling academic or medical reasons, such as changes of major of research topics, unexpected research problems, or documented illnesses. Delays caused by academic probation or suspension is not acceptable reasons for program extensions. This is a new addition to the regulations.
TRANSFER
Students must resume classes within five months of transferring out of their current school, or within five months of the program completion date as indicated on the SEVIS Form I-20AB issued by the current school, whichever date is earlier. For transfer students authorized to engage in OPT, the student must be able to resume classes within five months of transferring out of the school that recommended OPT or the date the OPT authorization ends, whichever is earlier. Students ineligible for a transfer may depart the country and return as an initial entry in F-1 status. A student is not otherwise permitted to remain in the US when transferring between schools.
In a transfer from a SEVIS school to another SEVIS school, the final rule introduces the concept of "release date" for transfer procedures. The student first notifies the current school of his or her intent to transfer. The current school updates the student's SEVIS record as a "transfer out" indicating the school the student intends to transfer to and a "release date." The "release date" will be the current semester completion date, or the date of the expected transfer, if different than established academic cycle. The current school retains control of the student's SEVIS record until the release date is reached. The student may cancel the transfer request at any time prior to the release date. After the release date the current school will no longer have access to the SEVIS record, and thus will be unable to cancel the request after the release date. The student is required to contact the transfer in school within 15 days of the program start date.
Beginning study at another educational level or transferring to another school is grounds for automatic termination of OPT.
CURRICULAR PRACTICAL TRAINING (CPT)
A request for authorization for curricular practical training must be made to OIS. A student with F-1 status may begin curricular practical training only after receiving his or her SEVIS I-20AB. . The student will provide the properly completed application form to OIS signed by the academic advisor or internship coordinator stating the student is recommended for curricular practical training. To grant authorization for a student to engage in curricular practical training OIS will update the student's record in SEVIS as being authorized for curricular practical training that is directly related to the student's major area of study. OIS will indicate whether the training is full-time or part-time, the employer and location, and the employment start and end date. Then OIS will print a copy of the student's SEVIS Form I-20AB indicating that curricular practical training has been approved. OIS will sign, date and return the SEVIS Form I-20AB to the student prior to the student's c ommencement of employment.
OPTIONAL PRACTICAL TRAINING (OPT)
12 months of OPT are available to students with in F-1 status at each higher degree (bachelors, masters, Ph.D.) In making a recommendation for optional practical training under SEVIS, OIS will update the student's record in SEVIS as having been recommended for optional practical training. The DSO will indicate in SEVIS whether the employment is to be full-time or part-time, and note in SEVIS the requested start and end date of employment. OIS will then print a new SEVIS Form I-20AB, and sign and date the forms to indicate that optional practical training has been recommended.
We will mail the student's application to the California Service Center CIS for an Employment Authorization Document, their supporting copies and the Form I-765, with fee (a check for $175.00 payable to DHS) and the SEVIS Form I-20AB indicating that optional practical training has been recommended by OIS. A student seeking optional practical training may not begin working until he or she has been issued an Employment Authorization Document (EAD) card by the California Service Center.
F-2 VISA
At the time they seek admission, the eligible spouse and minor children of an F-1 student may be admitted in F-2 status if they present an original SEVIS Form I-20AB issued in the name of each F-2 dependent by the school enrolling the F-1 student.
F-2 dependents are permitted to attend elementary, middle and high school on a full-time basis. F-2's are also permitted to engage in part-time post-secondary study that is "avocational or recreational in nature that is if a student engages in study to pursue a hobby or if the study is that of an occasional, casual, or recreational nature, such study may be considered as avocational or recreational." This means that the F-2 spouse of an F1 student may not engage in full time study. An F-2 spouse or F-2 child desiring to engage in full time study must apply for and obtain a change of nonimmigrant classification to F-1 prior to beginning as a full time student. F-2 cannot attend college as a degree seeking student.
REINSTATEMENT
BCIS may consider reinstatement of a student who has not been out of status for more than five months at the time of filing for reinstatement. In other words, if the student fails to become aware of the status violation after five months, he or she is generally ineligible for reinstatement. However, a student may demonstrate "exceptional circumstances" for seeking reinstatement after five months and that the request was filed as "promptly as possible under these exceptional circumstances." In addition, the student must also be pursuing a full course of study, have not engaged in unauthorized employment and cannot be deportable on any grounds.
In order to be reinstated, the student must prove that the violation of status resulted from circumstances beyond his control, such as "serious injury or illness, closure of the institution, or a natural disaster, but does not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for reinstatement."
REPORTING
OIS must update SEVIS prior to the student's reducing his or her course load with the date and reason for the authorization, as well as the start date of the next semester. OIS must also notify SEVIS within 21 days of the resumption of the full course load. Schools must report to SEVIS within 21 days of their occurrence the following events:
*a student's failure to maintain status or complete a course of study
*a change in a student or dependent's name or address
*a student who has graduated early or before the completion date on SEVIS Form I-20
*a disciplinary action against the student as a result of a conviction for a crime; and any other notification request made by SEVIS with respect to current student status.
Registration information for each semester is reported "no later than 30 days after the deadline for registering for classes. Such reporting includes: whether an enrolled student dropped below a full course of study without prior authorization; and start date of the school's next term or session; whether a student has enrolled at the school, or failed to enroll; and the current address of each enrolled student.
HOW DOES SEVIS AFFECT THE USC INTERNATIONAL STUDENTS AND OIS?
This is where your responsibility directly comes into play. International students may not drop below the minimum units required (12 units for undergraduates, 8 units for Masters, 6 units for RAs, TAs and Ph.D.s) without having submitted a Less Than Minimum Unit Form to our office. This document must be signed by your academic adviser and approved by our office. Students who drop below minimum units without both academic and OIS approval are considered to be in violation of full-time study requirements as required by federal regulations. This is something that should be avoided as it will create major problems for international students.
Please be aware that no more than one class or three credits per term may be counted toward the full course of study requirement if the class is taken online or through distance Education and does not require the students' physical attendance for classes, examinations or other purposes integral to the completion of the course.
If you are unsure of any of these rules or regulations and would like to discuss them with an immigration advisor or counselor, please call (213)740-2666 to make an appointment.
