International Student Advising A Primer for Campus Staff

International Student Advising A Primer for Campus Staff Berkeley International Office

Outcomes To understand international students’ reporting and compliance responsibilities To see the connection between federal regulations and BIO forms To understand the role of academic units and BIO in helping students maintain status

Today’s Agenda Who are international students? How does BIO serve international students Intro to F-1 Regulations International Student Advising Scenarios

WHO ARE BERKELEY’S INTERNATIONAL STUDENTS?

Students with International Student Visa Status F-1 Students (Department of Homeland Securtiy) J-1 Students (Department of State) Primary objective: full-time study Intent to return home Sponsored by UCB based on admission to a degree program Required to show at least one year of funding No restrictions on funding sources Sponsored by UCB based on degree/exchange program Required to show funding for length of program 51% or more of funding must come from external source (not personal or family funding) Example: Fulbright, Home government scholarship, Berkeley

Sample F-1 I-20 Sample J-1 DS-2019

International Students on Non. Student Visas H-4 – dependents of H 1 -B – workers engaged in incidental study E-2 – dependents of E 2 investors A-2 - dependents of embassy officials J-2 – dependents of J-1 Exchange Visitors TD – dependents of TN NAFTA Treaty workers L 2 – dependents of L 1 intracompany transfers Not authorized for full-time study: F-2 - dependents of F-1 B 1/B 2 tourists

Total International Student Growth

BERKELEY INTERNATIONAL OFFICE SERVICES FOR INTERNATIONAL STUDENTS

BIO Services for All International Students Fall and Spring Orientations & Check Ins Group Advising: Fall 2009 workshops: Intro to Culture Shock; Money Matters; Scholastic Bear; Surviving Graduate School; My American Work Experience; Finding an Internship; Travel & Re-entry; and The Well-Rounded Bear. Personal Advising (Drop Ins & Appointments) Academic & personal adjustment, financial aid, visa related matters

BIO Services for F-1 & J-1 Students BIO’s responsibilities Provide F-1 & J-1 immigration & visa related advice and guidance Comply with federal reporting & monitoring requirements through the Student & Exchange Visitor Information System (SEVIS) Issue F-1 I-20 s and J-1 DS-2019 s

Code of Federal Regulations Title 8 of CFR deals with “Aliens & Nationality” Section 214 addresses Nonimmigrant classes Some regulations are vague, some black & white DHS Designated School Officials (DSO) must: Establish best practices Be consistent in application Keep documentation

SEVIS DSO: Designated School Official

INTERNATIONAL STUDENT ADVISING PRIMER

Maintaining Status Register Full Time Every Semester Reduced Course Load Authorization Keep I-20 valid Follow Employment Rules

Registration & Full Time Enrollment Student’s Responsibility Register each semester At least 1 unit No blocks Fees paid or deferred payment Enroll full time each semester Report any changes in address within 10 days of moving BIO’s Responsibility 214. 3(g)(2)(iii) Within 30 days of the beginning of each semester report the following in SEVIS: 214. 3(g)(2)(iii)(A) Whether the student has enrolled at the school, dropped below a full course of study without prior authorization by the DSO, or failed to enroll; 214. 3(g)(2)(iii)(B) The current address of each enrolled student; and 214. 3(g)(2)(iii)(C) The start date of the student's next session, term, semester, trimester, or quarter.

RCL Form 214. 2(f)(6)(iii) Reduced course load The designated school official may allow an F-1 student to engage in less than a full course of study as provided in this paragraph (f)(6)(iii). 214. 2(f)(6)(iii)(A) – Academic Difficulties: Initial difficulty with English language or reading requirements, unfamiliarity with U. S. teaching methods, improper Course Placement *1 reduced Course Load per degree level 214. 2(f)(6)(iii)(B) – Medical Conditions: 12 months in total, based on recommendation of M. D. , D. O. , or licensed clinical psychologist

Program Extension 214. 2(f)(7)(i) General An F-1 student who is currently maintaining status and making normal progress toward completing his or her educational objective, but who is unable to complete his or her course of study by the program end date on the Form I-20, must apply prior to the program end date for a program extension pursuant to paragraph (f)(7)(iii) of this section. 214. 2(f)(7)(iii) Program extension for students in lawful status An F-1 student who is unable to meet the program completion date on the Form I 20 may be granted an extension by the DSO if the DSO certifies that the student has continually maintained status and that the delays are caused by compelling academic or medical reasons, such as changes of major or research topics, unexpected research problems, or documented illnesses. Must apply before program end date on I-20 for an extension Student must currently be in status Delays are caused by compelling academic or medical reasons

Extension New program completion date Also used for Grad students who change their educational level 214. 2(f)(7)(iii) outlines acceptable reasons for program extensions

On Campus Employment 214. 2(f)(9)(i) On-campus employment. Oncampus employment must either be performed on the school's premises, (including on-location commercial firms which provide services for students on campus, such as the school bookstore or cafeteria), or at an off-campus location which is educationally affiliated with the school…. Employment authorized under this paragraph must not exceed 20 hours a week while school is in session…. An F-1 student may, however, work on campus full-time when school is not in session or during the annual vacation…. an F-1 student may not engage in on-campus employment after completing a course of study, except employment for practical training as authorized under paragraph (f)(10) of this section. …Upon initial entry to begin a new course of study, an F-1 student may not begin on-campus employment more than 30 days prior to the actual start of classes. *J-1 students require written employment authorization in advance Performed on school’s premises or off-campus educational affiliated location 20 hours per week during school Full time when school isn’t in session Ineligible after completing program Cannot begin employment more than 30 days before school begins

Practical Training (OPT & CPT) 214. 2(f)(10) Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. …. A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. … An eligible student may request employment authorization for practical training in a position that is directly related to his or her major area of study…. Must be in F-1 status for one academic year Up to 12 months of training per consecutive degree level Training must be directly related to field of study For J-1 students, practical training is “Academic Training”

OPT 214. 2(f)(11)(i) Student responsibilities. – A student must initiate the OPT application process by requesting a recommendation for OPT from his or her DSO. Student can access BIO’s OPT online tutorial for step-by -step instructions

OPT – Student’s Section 214. 2(f)(11)(i)(D) Start of employment. A student may not request a start date that is more than 60 days after the student's program end date. 214. 2(f)(11)(ii)(A) Prior to making a recommendation, the DSO must ensure that the student is eligible for the given type and period of OPT & that the student is aware of his or her responsibilities for maintaining status while on OPT. .

OPT Request – Academic Recommendation 214. 2(f)(11)(i)(B)(2) the student must properly file his or her Form I-765 up to 90 days prior to his or her program end-date and no later than 60 days after his or her program end-date. 214. 2(f)(10)(ii)(A)(3) After completion of the course of study, or, for a student in a bachelor's, master's, or doctoral degree program, after completion of all course requirements for the degree (excluding thesis or equivalent).

OPT Reporting 214. 2(f)(10)(ii)(E) Periods of unemployment during post-completion OPT. During postcompletion OPT, F-1 status is dependent upon employment. Students may not accrue an aggregate of more than 90 days of unemployment during any postcompletion OPT carried out under the initial post-completion OPT authorization. 214. 2(f)(12)(ii)(A) Within 10 days of the change, the student must report to the student's DSO a change of legal name, residential or mailing address, employer name, employer address, and/or loss of employment.

ADVISING SCENARIOS

Full Time Enrollment UG Stumbling Block - An undergrad student in his first semester is having a hard time adjusting to the academic rigor at UC Berkeley and the difference in classroom culture. He wants to withdraw from school and remain in the US until next semester. Dilemma – International students must be full time every semester or be authorized for a reduced course load.

Full Time Enrollment UG Solution Reduced Course Load Obtain authorization based on academic difficulty Complete the semester and transfer out to another institution to do some remedial work or earn units that are transferable. Withdraw: Must leave the US within 15 days of withdrawing Talk to his College advisor about readmission Request an I-20 from BIO apply for a new visa stamp and re-enter the US.

Withdrawal Grad Stumbling Block – A Ph. D student who has advanced to candidacy and is within normative time needs to leave the US for one year to do research on her dissertation. Dilemma - The student doesn’t have funding from her department to cover the cost of tuition and fees for the year she is gone. If she is not registered, she will lose her visa status.

Withdrawal Grad - Solution Apply for In Absentia Registration: Student will enroll in 12 units Tuition & fees reduced; NRT covered by normative time fellowship Student could apply for a health insurance waiver BIO will register student in SEVIS Students maintains time in status towards OPT Withdraw from school to avoid fees: Student must leave the US within 15 days of withdrawal Request a new I-20 from BIO after readmission Eligible for OPT and CPT after 2 semesters of full time enrollment

Withdrawal UG Stumbling Block – An undergraduate student has only one semester left and wants to save money by taking his final courses through UC Berkeley Extension or a community college. Dilemma – Student will not be eligible for OPT if his I-20 is not at the degree-granting institution in the semester that he graduates. UC Berkeley Extension is considered a different institution by DHS.

Withdrawal UG - Solutions Is the student interested in working after graduation? If not, the student request BIO to transfer his I-20 and abandon his opportunity for OPT. If the student wants OPT, he could complete his coursework in the summer, or apply for a reduced course load to take less units in the fall semester.

OPT Scenario Stumbling Block – An F-1 student recently graduated and secured a one year post-doc with her department to begin on her OPT start date – January 1, 2010. Due to budget cuts, the position was unexpectedly eliminated. The department still wants to hire her but will not have funding until March 15, 2010. Dilemma - Immigration regulations prohibit F-1 students from being unemployed for more than 90 days of their 12 month OPT. Regulations require students to report their employment and any changes in employment to BIO.

OPT Solution F-1 students can satisfy the employment requirement by engaging in a practical experience related to their field of study for 20 hours per week on average. Pay is not required. The student must report their employment on BIO’s employment reporting website. The student can look for a new job

QUESTIONS?