Tri-State University - Admission & Financial Aid

Basic Immigration Regulations

The United States Immigration & Naturalization Service (INS) is the government body that handles all issues related to immigration laws and regulations. Upon entering the United States, visa holders are inspected by INS officers and given approval to enter the United States. This approval is usually in the form of a stamp inside the passport. In addition, visa holders agree to follow all rules and regulations pertaining to their visa type.

The information listed here is intended to provide you with basic immigration information. For further information visit the INS website is at www.ins.usdoj.gov

Immigration Documentation
Maintenance of F-1 Student Status
Employment
On-Campus Employment
Curricular Practical Training
Optional Practical Training
Severe Economic Hardship
IIRIRA

Immigration Documentation
Most international students at Tri-State University are in the USA on an F-1 student visa. To be granted F-1 status, one must be admitted into an academic course of study, show evidence of adequate financial support, and agree to follow certain rules and regulations while studying in the USA. This includes having and keeping current all of the following documents:: Passport - This proves your citizenship and verifies your identification and birth date. You should make sure this document is valid for at least six months into the future. To renew your passport while in the USA, contact your embassy or consulate office for forms and fees.; I-94 Card also called (Arrival/Departure Record) - This card is stapled to your passport. It verifies where and when you last entered the USA and indicates how long you are allowed to stay in the USA. Your card should be stamped with "D/S" written over the stamp. The number on your card is the admission number.; Visa - This is the stamp you received when you visited the US Consulate in your home country. This stamp allows you to leave and re-enter the USA. It also notes the dates that the visa is valid and the number of entries allowed. The visa can not be renewed in the USA. You may remain in the USA with an expired visa as long as you maintain status as an F-1 student. If you leave the country with an expired; visa, you will not be allowed to re-enter.; I-20 Form - The I-20 form is a two-part form. The top copy, pages one & two, is given to INS upon entry. The student should always retain the bottom copy, pages three & four. This form gives you permission to be in the USA for a specified length of time and at a specific school. Every F-1 student must have a current I-20 form. Always be aware of the completion date listed on your I-20. An extension of stay must be granted within 30 days before the completion date on the I-20. The University must endorse your I-20 before travel outside the USA.

If you misplace or lose any of these documents, they will need to be replaced immediately. See the Office of International Admission.

Be sure to check all of your immigration documents periodically. Make sure they are current and in a safe, accessible place. If you plan to travel outside the USA, check your documents, and remember to get your I-20 signed at the Office of International Admission.

Maintenance of F-1 Student Status: F-1 students are admitted to the USA for "D/S" or duration of status. Duration of status is defined as the time necessary to complete an educational program and any authorized practical training plus 60 days. Line 5 of the I-20 form shows your expected completion date.
: Upon entry to the USA, F-1 students must read a statement before signing their I-20. This statement is listed on line 11 of the I-20. By signing the I-20 students agree "to comply with the terms and conditions of admission and those of any extension of status as specified on page 2" or to maintain status as an F-1 student visa holder.

To maintain status, you must do the following:

have a passport that is valid at all times, unless exempt from the passport requirement;

attend the school you are authorized to attend. The authorized school is the school listed on your I-20;

enroll for a full course of study (full-time student) -- TSU undergraduate students must be enrolled, for the full semester, for a minimum of 12 credit hours;

show successful "normal" progress toward completion of the authorized degree;

follow all procedures as outlined by the INS with regard to program extension, transfer of schools and change of educational level;

limit employment, both on campus and authorized off campus, to a total of twenty (20) hours per week while school is in session;

refrain from working off-campus without prior authorization from INS; and

disclose any criminal activity.

Exceptions to full course of study requirement follow:

documented medical problem/emergency that would keep you from being able to attend classes for a prolonged period of time;

full-time Curricular Practical Training;

annual vacation;

completion of studies;

absence from the United States - (Planned Academic Leave);

semester of graduation;

improper course placement; and

initial difficulties (only in the first semester);

Reinstatement

An F-1 student who has overstayed his or her authorized period of stay or has otherwise failed to maintain F-1 student status must apply for reinstatement to regain immigration status. Reinstatement applications (I-539) are subject to the approval of the INS district director.

To apply for reinstatement, visit the Office of International Admission for the forms and exact procedure.

Traveling Outside the United States

Whenever F-1 students wish to leave the United States temporarily and return to continue studies at the institution in which they were enrolled, they must secure the necessary documents to permit entry to another country and re-entry to the USA.

F-1 students who wish to visit temporarily their country of citizenship or permanent residence will generally will be allowed to enter that country if they hold a valid passport or other travel document issued by that country.

Re-entry into the USA

For absences of less than five (5) months, F-1 students should have the following:

non-expired passport or travel document;

non-expired F-1 student visa; and

endorsed I-20 or a new I-20 to re-enter the US. The I-20 must be endorsed or signed by the International Admission Office before leaving the United States.

It is also recommended that students carry a transcript or a letter of good standing from the International Admission Office. Please allow the Office of International Admission two to three days to prepare your letter.

Remember all documentation will be checked upon re-entry to the United States.

Entry into Canada

F-1 students wishing to visit Canada for less than 30 days may require a Canadian visitor visa. Applications forms for a Canadian tourist visa and a list of countries requiring a visa are available in the Office of International Admission. When traveling to Canada, an F-1 student should carry the following:

non-expired passport or travel document;

non-expired F-1 student visa;

I-20 endorsed or signed by the International Admission Office;

I-94 card;

evidence of return transportation arrangements; and

sufficient funds for the period of stay in Canada.

Employment

Employment is defined as any work performed or services provided in exchange for money, tuition, room and board, or other benefit compensation.

Be sure to ask the office of International Admission for all forms and proper procedures before applying for any employment. DO NOT rely on the advice of other students.

There are four types of authorized work for F-1 students:

on-campus employment;

curricular practical training (co-op or internship);

optional practical training (usually after graduation); and

employment based on unforeseen severe economic hardship.

Other off-campus work is NOT authorized. Some international students choose to work off-campus at area businesses without proper authorization. (Proper authorization appears on the back of your I-20 or a card issued by INS.) This type of work is ILLEGAL and could get you into serious trouble. Please consider this very carefully before you work illegally.

On-Campus Employment: There is NO need for special INS authorization for on-campus employment. F-1 students may work on-campus up to 20 hours per week while school is in session and up to 40 hours per week during vacation periods. To be eligible, the student must be enrolled full-time and be in good academic standing.
: On-campus jobs are available in the cafeteria, library, computer labs, and University offices. Students should inquire in each individual office for information on current positions available. Students are paid by payroll check every two weeks. This income is subject to United States tax withholding. Students must have a United States Social Security card. If you are hired for an on-campus position, please contact the Office of International Admission for information about applying for a Social Security card.

Curricular Practical Training: Curricular practical training (CPT) is defined by INS as a training program that is an integral part of an established curriculum. This training must be made available to all students in that major, listed in the course catalog with the assigned number of credits, and result in the student receiving academic course credit. CPT may be authorized for either full-time (over 20 hours per week) or part-time (concurrent with full course of study).; At Tri-State University, CPT is in the form of internships and cooperative education (co-op). The University's Career Services and individual academic departments set their own procedure for approval of co-op and internships. Students are advised to check with their academic advisors and Career Services BEFORE seeking off-campus employment as a co-op or internship student. It may take many weeks to find a job. Please discuss your interest in internship or co-op with your academic advisor and Career Services one semester before you plan to participate in an internship or co-op.

Remember that final approval of all credit-granting employment rests with the academic departments.

To be eligible for this type of practical training, the F-1 student must do the following:

have maintained lawful F-1 status;

have been enrolled as a full-time student for at least one academic year (nine months); and

receive approval for the training through his or her academic advisor and/or Career Services.

Complete the following steps to apply for CPT

register for the internship or co-op;

make an appointment with the Office of International Admission;

complete the I-538; and

bring your passport, I-94, and all I-20 forms to your appointment.

There is no fee for CPT applications. Approval for CPT is an endorsement (signature) on the back of your I-20 that indicates the company and dates of employment. Authorization is given for one semester at a time. CPT is only legal during the dates listed on the I-20. Students must reapply for each session of co-op or internship.

Students authorized for one year or more of full-time curricular training lose eligibility for Optional Practical Training.

As long as your CPT is under 52 weeks or 2,080 hours, you will be eligible for Optional Practical Training after graduation. It is your responsibility to keep track of actual hours worked during an internship or co-op.

Optional Practical Training: Optional practical training (OPT) is off-campus employment directly related to an F-1 student’s field of study which has been authorized by INS. Students authorized for OPT receive an Employment Authorization Document (EAD) which shows the approved dates of authorized employment.

OPT for undergraduate F-1 students falls into three categories:

full-time (40 hours per week) during the summer;

part-time (20 hours per week) while school is in session; and

full time (40 hours per week), after graduation.

OPT may be granted for a MAXIMUM of 12 months, provided the student did not engage in over 12 months of CPT during his or her course of study.

To be eligible for this type of practical training, the F-1 student must apply no later than 60 days after completion of all studies, and he or she must have done the following:

maintained lawful F-1 status;

been enrolled as a full-time student for at least one academic year (nine months);

graduated for post-completion practical training; and

not engaged in 12 months or more of curricular practical training.

To apply for OPT, the student must do as follows:

Attend an OPT informational session. Sessions are offered once per semester during the first six weeks of the term;

Make an appointment with the office of International Admission;

Complete an I-538 and an I-765;

Submit two immigration photographs (side view);

Submit copies of his or her passport and I-94;

Submit copies of the endorsed I-20; and

Submit a check or money order made out to INS for $100.

Applications for OPT are subject to the approval of INS.

Since applications may take up to 90 days for processing by the INS, it is suggested that you apply 90 days before the intended employment. During the processing time, students may not leave the USA or engage in unauthorized employment.

After receiving the EAD card or approval for OPT, the student is responsible for finding a major-related job. Career Services maintains contacts with many employers. Students should register with Career Services and submit a resume.

Students are also responsible for maintaining legal F-1 student status while employed.

Severe Economic Hardship
Severe economic hardship is defined as an unforeseen financial circumstance that makes it difficult for you to continue to pay for schooling. Examples of severe economic hardship include the death of your sponsor, bankruptcy or other economic crisis.

To be eligible to apply the student must meet the following requirements:

have maintained F-1 status for one academic year (nine months); and

have been in good academic standing (no academic probation or dismissal).

Make an appointment at the Office of International Admission. There is a fee of $100 to apply, and students must have supporting documentation that verifies the economic hardship. Applications are subject to INS approval. Processing takes from 90 to 120 days.

IIRIRA: Illegal Immigration Reform and Immigrant Responsibility Act of 1996: On September 30, 1996, IIRIRA became USA law. In 1998, the INS put in place regulations to enforce most of its provisions. It is important to note that the bill has no effect on those individuals who maintain legal status in the USA.

The two most important provisions of the new law affecting international students are listed below:

1. Aliens Unlawfully Present – IIRIRA section 301 (b)/ INA 212 (a0(9) The term unlawfully present is defined as an alien present in the USA after the expiration of the period of authorized stay. Effective April 1, 1997, there will be severe penalties for "visa overstays," (persons who have violated legal status or remained in the US after expiration of their authorized time and thus, are unlawfully present.) The penalties may include bar from re-entry to the USA for three years for any person who has been illegally in the USA for 6-12 months. And a bar from re-entry to the USA for ten years for any person who has been illegally in the USA for more than 12 months.

2. Elimination of Consulate Shopping for Visa Overstays – IIRIRA section 632/INA 222 (g) As of October 1, 1996, the visa stamp in the passport of any persons who have violated their legal status or stayed in the United States beyond their authorized stay will be considered void (canceled), even if the dates on the visa stamp remain valid. Persons who have overstayed will need to apply for a new visa before they can re-enter the US in the country of their citizenship. An application for a visa in any other country (Canada or Mexico, for example) or in a country of permanent residence is not permitted.