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© 2014, Fakhoury Global Immigration
February 5, 2014
FAKHOURY GLOBAL IMMIGRATION
F-1 Student Visa
© 2014, Fakhoury Global Immigration
Disclaimer_______________________________________________________
The materials contained in this PowerPoint do not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
About Us_______________________________________________________• Founded in 1997, global staff of
over 60 attorneys, paralegals and immigration consultants;
• Premier- AV Rated Immigration law Firm;
• Leaders in providing Global Immigration Services for over 100 countries;
• Multi-national presence with offices and partners across the globe;
• ISO 9001-2008 certified.
Lean Processes
and Technology
Outstanding Value Proposition
Exceptional Legal
Expertise
© 2014, Fakhoury Global Immigration
Overview_______________________________________________________
• F-1 Basic Concepts and Criteria• F-1 Visa Application Procedure• Admission at Port of Entry• Transfer Requirements and Procedures• Reduction in Course Load• F-1 Employment • Maintaining Status• Reinstatement
© 2014, Fakhoury Global Immigration
F-1 Basic Concepts and Criteria _______________________________________________________
• Student Exchange Visitor Program (SEVP)
• Student Exchange Visitor Information System (SEVIS)
• Criteria Needed for F-1 Student to Qualify
• F-2 for Family Members
• F-3 for Canadian and Mexican Commuter Students
© 2014, Fakhoury Global Immigration
F-1 Visa Application Procedure_______________________________________________________
• Apply and be Accepted into a SEVP-Certified School
• Obtain Form I-20 (Certificate of Eligibility for Nonimmigrant F-1 Student Status) from School
• Pay the SEVIS Form I-901 Fee
• File On-Line Nonimmigrant Visa Application Form DS-160
• Appear for visa interview at U.S. Embassy
© 2014, Fakhoury Global Immigration
Admission at Port of Entry _______________________________________________________
• Student needs to travel to a U.S. port of entry, and be inspected by a U.S. Customs and Border Protection (CBP) officer
• Form I-515A
• Admitted for Duration of Status (D/S)
• Student must report to the DSO within 30 days
• 60 day grace period
© 2014, Fakhoury Global Immigration
F-1 Student Transfers_______________________________________________________
© 2014, Fakhoury Global Immigration
• Transfer Requirements:-Must be accepted into program;-Must pursue full course or study;-Must show financial ability to attend transfer school;-Must begin class at transfer school within five months.
• Transfer Procedure:-Student is accepted into program at transfer school;-Student notifies current school of wish to transfer;-Student obtains Form I-20 from new school;-Must report to DSO within 15 days of start date;-Transfer is complete when DSO notifies SEVIS.
Reduction in Course Load _______________________________________________________
© 2014, Fakhoury Global Immigration
• Reduced Course Load
-Permitted with approval from DSO
-May only reduce one time (Some exceptions)
-May only reduce by one half of a full course load
F-1 Employment_______________________________________________________
© 2014, Fakhoury Global Immigration
• On-Campus employment
• Off-campus employment due to severe economic hardship
• Curricular Practical Training (CPT)
• Optional Practical Training (OPT)
• STEM
F-1 Maintenance of Status (Important Tips)_______________________________________________________
© 2014, Fakhoury Global Immigration
• Maintain full-course of study
• Do not exceed 20 hours per week of on-campus employment
• Do not engage in any unauthorized off-campus employment
• Report change of name, address, employer, employer address, etc. within ten days to DSO, so that SEVIS record is updated and Form I-20 contains current information
• Request a program extension with DSO in a timely manner
Curing a Status Violation for an F-1 Student_______________________________________________________
© 2014, Fakhoury Global Immigration
A student who has failed to maintain F-1 status and wishes to continue studying at (or transfer to) a university must regain valid status through one of two ways:
• Submit an application to the USCIS to request Re-instatement; or
• Depart the U.S. and be re-admitted into the U.S. with a valid F-1 visa.
Requirements for Reinstatement_______________________________________________________
© 2014, Fakhoury Global Immigration
• Student has not been out of status for more than 5 months• Student does not have a record of prior violations• Student is pursing a full course of study • Student has not engaged in unauthorized employment• Student is not deportable on any ground • Student establishes to the satisfaction of the USCIS that:
(1) the violation of status resulted from circumstances beyond the student’s control; or (2) The violation relates
to a reduction in the student’s course load that would have been within a DSO’s power to authorize; and failure to approve reinstatement would result in extreme hardship to the student.
Depart U.S. and Re-enter with an F-1 Visa_______________________________________________________
© 2014, Fakhoury Global Immigration
• DSO to create a new record in SEVIS and generate a new Form I-20 for the student
• F-1 student will need to pay the SEVIS fee again and file the Form I-901 with ICE
• F-1 student will need to apply for a new F-1 visa stamp, if student does not have a valid F-1 visa
• Entering a new I-20 into SEVIS after a status violation is viewed as a new entry. As a result, F-1 students would be bound by restrictions placed on new first year students. (Example: Having to wait one “full academic year” before being eligible for practical training)
© 2014, Fakhoury Global Immigration
3290 West Big Beaver Road, Suite 510, Troy, MI 48084Phone: 248-643-4900 Fax: 248-643-4907
[email protected]@employmentimmigration.com
www.employmentimmigration.com
THANK YOU!