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SEVIS Sticky Wickets: Leaves & SEVIS Sticky Wickets: Leaves & Transfers Transfers

Office of Minority and International StudentsOffice of Minority and International Students

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Why isn’t this easier??Why isn’t this easier?? Regulatory interpretationRegulatory interpretation Agency policy and procedural implementationAgency policy and procedural implementation Lack of coordination/collaboration between Lack of coordination/collaboration between

agenciesagencies Lack of clarity as to regulatory ownershipLack of clarity as to regulatory ownership Levels of authority, OR, What is an FAQ Levels of authority, OR, What is an FAQ

anyway??anyway??

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Problem areas to discussProblem areas to discuss

Among many…..Among many….. F-1 leaves of absence in SEVISF-1 leaves of absence in SEVIS SEVIS transfersSEVIS transfers SEVIS record terminationsSEVIS record terminations

Transfer ProcessTransfer Process

Transfer Out

School A DSO updates student’s SEVIS recordfor transfer out:• Release date• New School

Transfer In

School B DSO processes transfer-in record in SEVIS:• New program info• New I-20• SEVIS registration

Student informsSchool A DSO ofplans to transfer

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8 C.F.R. § 214.2(f)(8)8 C.F.R. § 214.2(f)(8)(8)(8) School transfer eligibility. School transfer eligibility. (i) A student who is (i) A student who is maintaining status may transfer to another Service approved school by maintaining status may transfer to another Service approved school by following the notification procedure prescribed in paragraph (f)(8)(ii) of following the notification procedure prescribed in paragraph (f)(8)(ii) of this section. However, an F-1 student is not permitted to remain in the this section. However, an F-1 student is not permitted to remain in the United States when transferring between schools or programs unless the United States when transferring between schools or programs unless the student will begin classes at the transfer school or program within 5 student will begin classes at the transfer school or program within 5 months of transferring out of the current school or within 5 months of the months of transferring out of the current school or within 5 months of the program completion date on his or her current Form I-20, whichever is program completion date on his or her current Form I-20, whichever is earlier. In the case of an F-1 student authorized to engage in post-earlier. In the case of an F-1 student authorized to engage in post-completion optional practical training (OPT), the student must be able completion optional practical training (OPT), the student must be able resume classes within 5 months of transferring out of the school that resume classes within 5 months of transferring out of the school that recommended OPT or the date the OPT authorization ends, whichever is recommended OPT or the date the OPT authorization ends, whichever is earlier. An F-1 student who was not pursuing a full course of study at the earlier. An F-1 student who was not pursuing a full course of study at the school he or she was last authorized to attend is ineligible for school school he or she was last authorized to attend is ineligible for school transfer and must apply for reinstatement under the provisions of transfer and must apply for reinstatement under the provisions of paragraph (f)(16) of this section, or, in the alternative, may depart the paragraph (f)(16) of this section, or, in the alternative, may depart the country and return as an initial entry in a new F-1 nonimmigrant status.country and return as an initial entry in a new F-1 nonimmigrant status.

What do the Regulations Say?What do the Regulations Say?

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Transfer BasicsTransfer Basics Eligibility for TransferEligibility for Transfer

Student must be maintaining F-1 statusStudent must be maintaining F-1 status Student must have been admitted to new programStudent must have been admitted to new program New Program must begin within 5 months of the end date on I-20 or New Program must begin within 5 months of the end date on I-20 or

approved OPT periodapproved OPT period Transfer out SchoolTransfer out School

Student notifies DSO of intention to transferStudent notifies DSO of intention to transfer Student and DSO set date of release for transfer based onStudent and DSO set date of release for transfer based on

Academic needsAcademic needs Travel plansTravel plans Employment plansEmployment plans Projected start date of new programProjected start date of new program

DSO releases student to new school in RTI setting release dateDSO releases student to new school in RTI setting release date DSO advises student to report to new program within 15 days of the start DSO advises student to report to new program within 15 days of the start

date on the I-20date on the I-20

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Transfer In SchoolTransfer In School In SEVIS RTI go to transfer in list on or after date of In SEVIS RTI go to transfer in list on or after date of

releaserelease Select studentSelect student Select the Create I-20 option, complete info and submitSelect the Create I-20 option, complete info and submit Print I-20 with “transfer pending” noted in section 3Print I-20 with “transfer pending” noted in section 3 Send to student or hold for check inSend to student or hold for check in Student must report to new school in 15 daysStudent must report to new school in 15 days Register student in SEVIS no later than 30 days following Register student in SEVIS no later than 30 days following

program start dateprogram start date Note in remarks section, Transfer complete and dateNote in remarks section, Transfer complete and date New I-20 will note “continued attendance” on section 3 New I-20 will note “continued attendance” on section 3

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Transfer StickinessTransfer Stickiness

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The student may travelThe student may travel Must use I-20 of school that holds active or initial record Must use I-20 of school that holds active or initial record

for re entry to the US or visa application if necessaryfor re entry to the US or visa application if necessary If prior to transfer release date, transfer out school I-20If prior to transfer release date, transfer out school I-20 If after transfer release date, transfer in school I-20If after transfer release date, transfer in school I-20

Student may use F-1 visa from transfer out school through Student may use F-1 visa from transfer out school through its date of validityits date of validity

Student must check in with transfer in school within 15 Student must check in with transfer in school within 15 daysdays

Transfer students are not restricted to entry within 30 days Transfer students are not restricted to entry within 30 days of program start dateof program start date

Transfers and TravelTransfers and Travel

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BeforeBefore the release date, DSO in transfer out school the release date, DSO in transfer out school can cancel transfer, then submit a new transfer can cancel transfer, then submit a new transfer request to the correct school in SEVISrequest to the correct school in SEVIS

AfterAfter the release date, SEVIS allows transfer in the release date, SEVIS allows transfer in school to transfer the record for a student while it is school to transfer the record for a student while it is in in InitialInitial status, provided the start date at the new status, provided the start date at the new school is within 30 days of the student’s initial school is within 30 days of the student’s initial admission. Note the transfer error in the remarks. admission. Note the transfer error in the remarks. Indicate an immediate transfer release date. Indicate an immediate transfer release date.

Transfer to the Wrong SchoolTransfer to the Wrong School

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Students on OPT remain eligible to transfer Students on OPT remain eligible to transfer through end of 60 day grace periodthrough end of 60 day grace period

Note: OPT ends on the date of release. If student Note: OPT ends on the date of release. If student wants to work through summer, set a late date of wants to work through summer, set a late date of releaserelease

Transfers and OPTTransfers and OPT

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On campusOn campus Students can work on campus that controls SEVIS recordStudents can work on campus that controls SEVIS record

Work can begin at transfer in school after the date of releaseWork can begin at transfer in school after the date of release

Off CampusOff Campus Transfer student can count time spent studying at the Transfer student can count time spent studying at the

transfer-out school to count towards any regulatory transfer-out school to count towards any regulatory requirement to be in status for a full academic year.requirement to be in status for a full academic year.

Transfers and Employment EligibilityTransfers and Employment Eligibility

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Does a student have to complete their previous Does a student have to complete their previous program before transferring?program before transferring?

No, student must be in *lawful status* at time No, student must be in *lawful status* at time of transfer, does not need to complete. of transfer, does not need to complete. Transfer out should take place prior to withdrawal Transfer out should take place prior to withdrawal

or leave of absenceor leave of absence

Transfers and Program CompletionTransfers and Program Completion

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Transfers of new Initial SEVIS Transfers of new Initial SEVIS recordsrecords

Transfer of an initial record is ok, but only if new Transfer of an initial record is ok, but only if new program will begin within 30 days of the initial date program will begin within 30 days of the initial date of admission to the U.S.of admission to the U.S.

Options if new program starts after the 30-day Options if new program starts after the 30-day window?window? Remain at the original school and enroll for one term, orRemain at the original school and enroll for one term, or Withdraw from original school, leave and return with new Withdraw from original school, leave and return with new

initial I-20 from new schoolinitial I-20 from new school

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What if I issued a student an initial entry I-20 but then find What if I issued a student an initial entry I-20 but then find him/her on my transfer in list?him/her on my transfer in list?

If student has not left the US, DSO can issue a new I-20 If student has not left the US, DSO can issue a new I-20 through the transfer process and cancel the initial entry I-20.through the transfer process and cancel the initial entry I-20.

If the student has traveled outside the US and made an entry If the student has traveled outside the US and made an entry using the initial entry I-20, that is fine, though the eligibility using the initial entry I-20, that is fine, though the eligibility clock for benefits like OPT will be re-set, and the previous F-1 clock for benefits like OPT will be re-set, and the previous F-1 visa might be needed (school noted on visa has to match visa might be needed (school noted on visa has to match sponsoring institution, unless it is a transfer)sponsoring institution, unless it is a transfer)

Transfers vs. Initial entryTransfers vs. Initial entry

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Can a student study at a third school over the Can a student study at a third school over the summer term without transfer?summer term without transfer?

Yes, under the provision of concurrent Yes, under the provision of concurrent enrollment or summer vacationenrollment or summer vacation

Transfers and Study at other SchoolsTransfers and Study at other Schools

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What if student decides not to transfer and stay What if student decides not to transfer and stay at current school after release date?at current school after release date?

Do not use Transfer out Correction, Call Do not use Transfer out Correction, Call SEVIS help desk to reactivate recordSEVIS help desk to reactivate record Data fix will cancel release date and return record Data fix will cancel release date and return record

to transfer out schoolto transfer out school If after program end date, help desk can set a new If after program end date, help desk can set a new

program end dateprogram end date

Transfers and *A change of mind*Transfers and *A change of mind*

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The student can:The student can: apply to USCIS for reinstatement at the current school and apply to USCIS for reinstatement at the current school and

wait for reinstatement approval prior to transferring (Can’t wait for reinstatement approval prior to transferring (Can’t transfer while reinstatement pending). The student has to be transfer while reinstatement pending). The student has to be eligible to continue at the current school though.eligible to continue at the current school though.

request that his/her terminated record be transferred to the request that his/her terminated record be transferred to the transfer in schooltransfer in school

get an initial attendance Form I-20 from the new school, travel get an initial attendance Form I-20 from the new school, travel outside US and return as initial entry under new F-1 recordoutside US and return as initial entry under new F-1 record

Transfers and Terminated SEVIS RecordsTransfers and Terminated SEVIS Records

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LeavesLeaves Types of leaves (anything over five months’ absence):Types of leaves (anything over five months’ absence):

Non-standard vacation term (eg: winter term)Non-standard vacation term (eg: winter term) Personal leavePersonal leave Sick leave Sick leave Foreign study abroad termForeign study abroad term Academic suspensionAcademic suspension

Can overlap with reduced course load allowancesCan overlap with reduced course load allowances

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First – clarify “leave”First – clarify “leave” Temporary absences (five-month rule): 8 CFR (f)(4):Temporary absences (five-month rule): 8 CFR (f)(4):

An F–1 student returning to the United States from a An F–1 student returning to the United States from a temporary absence of five months or less (not subject temporary absence of five months or less (not subject to 5-month rule if on an approved study abroad to 5-month rule if on an approved study abroad program) may be readmitted for attendance at a program) may be readmitted for attendance at a Service-approved educational institution, if the Service-approved educational institution, if the student presents:student presents: A current SEVIS Form I–20 properly endorsed by the DSOA current SEVIS Form I–20 properly endorsed by the DSO A new SEVIS Form I–20 if there **has** been a A new SEVIS Form I–20 if there **has** been a

substantive change in the information on the student's most substantive change in the information on the student's most recent Form I–20 informationrecent Form I–20 information

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Annual VacationAnnual Vacation Annual vacation (8 CFR (f)(5)(iii)“…if the student is Annual vacation (8 CFR (f)(5)(iii)“…if the student is

eligible and intends to register for the next term…. if eligible and intends to register for the next term…. if the student has completed the equivalent of an the student has completed the equivalent of an academic year prior to taking the vacation. ”. )academic year prior to taking the vacation. ”. )

Issues:Issues: Vacation term that exceeds five months (eg: between Vacation term that exceeds five months (eg: between

program transfers)program transfers) Non-standard vacation term patternsNon-standard vacation term patterns Graduate vs. undergraduate applicationsGraduate vs. undergraduate applications Study at another U.S. school over a vacationStudy at another U.S. school over a vacation

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Personal LeavePersonal Leave Student needs some time off – no medical reasons, no Student needs some time off – no medical reasons, no

vacation eligibilityvacation eligibility No way to maintain the SEVIS record, and the F-1 No way to maintain the SEVIS record, and the F-1

status, in this casestatus, in this case Or, not?Or, not? Explore alternate options with an immigration Explore alternate options with an immigration

advisor in OMIS…there are a few exceptions to the advisor in OMIS…there are a few exceptions to the rule! rule!

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Medical LeaveMedical Leave 8 CFR (f)(6)(iii)(B): aka Medical RCL (Reduced Course 8 CFR (f)(6)(iii)(B): aka Medical RCL (Reduced Course

Load), however it can be authorized for no course loadLoad), however it can be authorized for no course load 12 months’ maximum, renewable each term or semester, per 12 months’ maximum, renewable each term or semester, per

“particular” program level“particular” program level Documentation from a doctor (MD or Osteopath) or clinical Documentation from a doctor (MD or Osteopath) or clinical

psychologist is requiredpsychologist is required the DSO must the DSO must

update SEVIS prior to the student reducing his or her course load. update SEVIS prior to the student reducing his or her course load. update SEVIS with the date, reason for authorization, and the start date update SEVIS with the date, reason for authorization, and the start date

of the next term or session. of the next term or session. notify SEVIS within 21 days of the student's commencement of a full notify SEVIS within 21 days of the student's commencement of a full

course of study – OR -course of study – OR - Re-verify the documentation supporting the medical leave for the next Re-verify the documentation supporting the medical leave for the next

termterm

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Academic study-abroadAcademic study-abroad Final F-1 rule (2003): Final F-1 rule (2003):

a study-abroad term counts toward the required “one full a study-abroad term counts toward the required “one full academic year” of lawful enrollment required for practical academic year” of lawful enrollment required for practical training eligibility 8 CFR 214.2(f)(10). No time limit training eligibility 8 CFR 214.2(f)(10). No time limit given.given.

This implies that a DSO may, or even must, leave the SEVIS This implies that a DSO may, or even must, leave the SEVIS record active if the student is on a valid study abroad term…record active if the student is on a valid study abroad term…

……but, isn’t the five month rule is still in play…??? No. See but, isn’t the five month rule is still in play…??? No. See OMIS for more details. OMIS for more details.

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Academic leaves of absenceAcademic leaves of absence Generally, and academic leave would have to coincide with an Generally, and academic leave would have to coincide with an

allowed vacation termallowed vacation term Liaison call from 8/07 addresses this, and how to process in Liaison call from 8/07 addresses this, and how to process in

SEVIS (authorized early withdrawal) *even* if student is still SEVIS (authorized early withdrawal) *even* if student is still considered active at the schoolconsidered active at the school

Notes though:Notes though: Future SEVIS releases may allow these students to be maintained in Future SEVIS releases may allow these students to be maintained in

SEVIS with active recordsSEVIS with active records If the student ends up returning to school within the five month limit, a If the student ends up returning to school within the five month limit, a

request for a data fix to the SEVIS helpdesk can be made. A flag request for a data fix to the SEVIS helpdesk can be made. A flag removal request will also be generated.removal request will also be generated.

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Unauthorized leaves, and Unauthorized leaves, and reinstatementsreinstatements

Generally, this will require either a reinstatement application, Generally, this will require either a reinstatement application, or travel out of the U.S. / probably a new F-1 visa applicationor travel out of the U.S. / probably a new F-1 visa application

Reinstatement is approvable only if a set of circumstances are Reinstatement is approvable only if a set of circumstances are met, and the student can show that:met, and the student can show that: The reason the violation occurred was beyond the student’s The reason the violation occurred was beyond the student’s

control ANDcontrol AND The RCL or leave was approvable by the DSO at the time The RCL or leave was approvable by the DSO at the time

it happened ANDit happened AND Denial of the reinstatement would result in “extreme” Denial of the reinstatement would result in “extreme”

hardship to the studenthardship to the student Travel may often be the best optionTravel may often be the best option We MUST consider carefully the ethics of *how* we advise We MUST consider carefully the ethics of *how* we advise

on “unauthorized” leaves…on “unauthorized” leaves…

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Questions?Questions?

Contact the Office of Minority and Contact the Office of Minority and International Students International Students