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Basic Immigration Information

This presentation provides essential immigration information to help non-international student advisors better understand the challenges and regulations affecting F-1 and J-1 international students. It covers important immigration documents, terms, and agencies involved in immigration processes. It also discusses the F-1 and J-1 visa information, including work authorization opportunities and off-campus employment options.

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Basic Immigration Information

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  1. for Non-International Student Advisors Presented by the International Student Center Basic Immigration Information

  2. Purpose • Help campus community become more aware of the challenges and regulations governing F-1 and J-1 international students. • Provide basic information and resources that will help the campus community better serve the international student population.

  3. Agencies Involved with Immigration • Department of Homeland Security (DHS) • USCIS: U.S. Citizenship and Immigration Services is responsible for most application and petition processing. • ICE: Bureau of Immigration and Custom Enforcement is responsible for immigration investigations, detention, removal, intelligence and SEVIS. • CBP: Bureau of Custom and Border Protection is responsible for immigration inspections at U.S. ports of entry, for Border Patrol and Customs Services. • Department of State (DOS) manages U.S. embassies and consulates abroad and administers J-1 Exchange Visitor Program. • Department of Labor (DOL) interprets and administers statutes related to U.S. workers, and employment of aliens.

  4. Important Immigration Documents you should know.

  5. Immigration Documents Form I-20

  6. Immigration Documents Form DS-2019

  7. Immigration Documents Form I-94

  8. Immigration Documents Visa page

  9. Important Terms/Documents • Passport is the document issued for travel by ones home country. • Non-Immigrant can be defined as an alien who wishes to be admitted to the United States for a limited, temporary purpose, and who plans to depart the United States after completing that purpose • DSO (Designated School Official) refers to persons at an institution with the authority to communicate with DHS or DOS on immigration matters. • D/S stands for “duration of status” which means the nonimmigrant is allowed to be in the U.S. as long as they are maintaining their status.

  10. Terms continued.. • Status refers the actual activity for which the non-immigrant has been allowed to enter the U.S. Maintaining ones status requires students to be pursuing a full course of study each Fall and Spring semester, making normal progress towards the completion of their studies, keeping their immigration documents (I-20 and passport) valid and refraining from unauthorized work or other prohibited activities. • Grace period is the period of time following a student’s completion of studies that may be used to "prepare for departure" from the United States or "to transfer“ to another SEVIS approved institution. This time frame can vary depending on the student’s visa-type and situation (did the student complete the program, withdraw, or get dismissed?) • SEVIS Student and Exchange Visitor Information System is the database used to produce I-20s and DS-2019s. This database is accessible on campus only by authorized DSOs who use it to report data and events on international students such as: student identification information, enrollment, address, work authorization, benefits requested, etc.

  11. How does an international student get to K-State?

  12. F-1 Visa Information

  13. F-1 Students • Must pursue a full course of study each semester/term to achieve a specific educational or professional objective • Must carry health insurance (KBOR mandate) • Eligible to work up to 20 hours/week on campus while classes are in session, unlimited during breaks. Work permit from ISC required.

  14. F-1 Students • Additional work authorization opportunities: • Curricular Practical Training (CPT) • Optional Practical Training (OPT) • Have a 60-day grace period after successfully completing the program. • F-2 dependents are not eligible to work or study while in the U.S.

  15. Off-Campus Employment:Curricular Practical Training • F-1 students who have completed one academic year are eligible. • Employment must be in the student’s field of study. • Designed for students participating in curricular-related employment, such as internships or a practicum. This work experience must be deemed an integral part of the student’s course of study. Therefore, CPT must be completed before graduation. • Authorization is employer specific; must have a job offer to apply. • Apply for CPT at the ISC

  16. Off-Campus Employment:Optional Practical Training • F-1 students who have completed at least one academic year are eligible. • Employment must be commensurate with field of study and level of education. • Maximum amount of time authorized for standard OPT is 12 months per education level. • Two Types of OPT: • Pre-Completion • Part-time while classes are in session; • Part-time or full-time during your annual vacation; • Full-time after completion of all coursework for a degree requiring a thesis or dissertation. • Post-Completion • Full-time after graduation; • ISC makes recommendation for OPT; but approval is made by USCIS (this can take 3-4 months) • Current fee for OPT is $340

  17. J-1 Visa information

  18. J-1 Students • The purpose of the J-1 program is to "to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges." • There are different categories within the J-1 Exchange Visitor Program: Research Scholar, Professor, Short-term Scholar, Degree-seeking student and Non-Degree seeking student. We will only discuss the student categories in this presentation. • Must be in a full course of study. • Must carry health insurance. (Department of State mandate)

  19. J-1 Students • Eligible to work up to 20 hours/week on campus while classes are in session, unlimited during breaks. • Must have permission from the program sponsor which may or may not be K-State. • Work permit from ISC required. • Additional work experience • Academic Training (AT) • Have a 30-day grace period after successfully completing the program. • May be subject to 212(e), a two year home residency requirement. • J-2 dependents can apply for work authorization from USCIS and can also study full/part-time.

  20. Off-Campus Employment:Academic Training • Employment must be within field of study. • Authorization is employer specific; must have a job offer to apply. • Can be used in the following contexts: • Part-time while classes are in session; • Part-time or full-time during your annual vacation; • Full-time after graduation; • Full-time after completion of all coursework for a degree requiring a thesis or dissertation. • Generally, students are eligible for 18 months of AT or the length of their program, whichever is less. Ph.D. students are eligible for an additional 18 months upon graduation. • Authorization given by ISC

  21. General Information for both F-1 and J-1 visa holders

  22. Exchange Students • Exchange students are not admitted into a degree program. They usually come for 1 or 2 semesters. • If they are an F-1, they are only eligible for OPT if they are enrolled for and complete a full academic year. • If they are a J-1, they may be eligible for some Academic Training even if they only spent one semester in the U.S.

  23. Enrollment Requirements • Full-course of study is defined as: • Undergraduates must be in a minimum of 12 credit hours each semester. • Graduate students must be in a minimum of 9 credit hours. • Exception: students with Graduate Research/Teaching assistantships working at least 16 hours/week are allowed to be in only 6 credit hours each semester. • English Language students must be in a minimum of 18 credit hours each semester. NOTE: Only one class, 3 credit hours, of distance education can count towards the full-course of study requirement.

  24. Exceptions to Enrollment Requirements • There are a few exceptions to the full-course of study requirement; however an international student must meet with an advisor in the ISC to gain approval BEFORE they drop below a full-course of study. • Examples include: • Final term or semester of a program of study • Medical Conditions • Academic Difficulties: • If the student was improperly placed in a course level. • Unfamiliarity with American Teaching Methods, difficulty with English Language or reading requirements

  25. Changes in the Program of Study • F-1 students are permitted to change their major field of study or level of education. This type of change requires admission into another major or level of education and then the ISC issues a new I-20. • J-1 students must remain in the major field of study and within the category objective stated on the DS-2019. They may change levels of education as long as it is within the same objective. This, too, requires admission into another degree level and then the ISC issues a new DS-2019.

  26. Travel • Students and Exchange Visitors should always have their documents properly endorsed prior to traveling outside the U.S. Travel signatures are good for one year, however, the ISC recommends this be done every 6 months. • I-20 should be endorsed by DSO on the 3rd page • DS-2019 should be endorsed within the travel validation section. • Passport should be valid at least six months in the future from the date of entry. • Visa stamp must be valid to enter the U.S. There are few exceptions to this rule, students should check with the ISC. • If traveling inside the U.S., an updated signature is not required, though we do encourage students to carry all their original documents while traveling within the U.S.

  27. Other Common Visa Types A-1, A-2: ambassador, diplomat, other foreign govt. officials B-1/B-2: visitor for business, visitor for pleasure (not allowed to study) E-1, E-2: treaty trader, treaty investor (allowed to study) F-3: border commuter students H-1B, H-4: temporary worker, temporary worker’s dependent (allowed to study) L-1, L-2: intra-company transferee, dependent (allowed to study) M-1, M-2: vocational student, vocational student’s dependent WB, WT: visa waiver for business, visa waiver for travel

  28. Other Helpful Information for Working with International Students

  29. Social Security Numbers • Social Security number are only issued to international students that can provide proof of employment. • Documentation needed to apply: • A letter from the employer that includes the following information. • Offer of employment • Date employment is to begin, which must be within 30 days of application for an SSN. • Passport, I-94, and I-20/DS-2019 • Letter from the ISC stating they are enrolled in a full course of study and that they are eligible to work. • Student must be in the U.S. at least 10 days before they can apply for an SSN.

  30. Kansas Driver’s License • Obtained at the Department of Motor Vehicles • Closed on Mondays. • Other days, must be there before 4:00 pm. • Will probably need a written test • Bring passport and I-94 card • I-20/DS-2019 • Proof of Kansas Address: utility bills, lease, etc. • Additional documentation may be required • Handbooks/Booklets are available at the ISC.

  31. Cross-Cultural Tips • Slow Down-Even when English is the common language in a cross cultural situation, this does not mean you should speak at normal speed. Slow down, speak clearly and ensure your pronunciation is intelligible. • Separate Questions-Try not to ask double questions such as, "Do you want to carry on or shall we stop here?" In a cross cultural situation only the first or second question may have been comprehended. Let your listener answer one question at a time. • Avoid Negative Questions-Many cross cultural communication misunderstandings have been caused by the use of negative questions and answers. In English we answer 'yes' if the answer is affirmative and 'no' if it is negative. In other cultures a 'yes' or 'no' may only be indicating whether the questioner is right or wrong. For example, the response to "Are you not coming?" may be 'yes', meaning 'Yes, I am not coming.'

  32. Cross-Cultural Tips • Be Supportive- Effective cross cultural communication is in essence about being comfortable. Giving encouragement to those with weak English gives them confidence, support and a trust in you. • Check Meanings- Never assume the other party has understood. Be an active listener. Summarize what has been said in order to verify it. • Avoid Slang- Even the most well educated international student will not have a complete knowledge of slang, idioms and sayings. The danger is that the words will be understood but the meaning missed. • Watch the humor- In many cultures business is taken very seriously. Professionalism and protocol are constantly observed. Further humor or jokes are usually not universally understood.

  33. Cross-Cultural Tips • Take Turns-Cross-cultural communication is enhanced through taking turns to talk, making a point and then listening to the response. • Write it Down-If you are unsure whether something has been understood write it down and check. • Maintain Etiquette- Many cultures have certain etiquette when communicating. It is always a good idea to undertake some cross-cultural awareness training or at least do some research on the target culture. -Adapted from advice by Neil Payne. Managing Director of Kwintessential (http://www.kwintessential.co.uk/)

  34. For More Information Contact… International Student Center Staff • Sara Thurston-González, Director • Maria Beebe, Assistant Director • Karl Anderson, International Student Advisor • Stacey Bailey, International Student Advisor • Donna Davis, Sr. International Student Advisor 785-532-6448 intlstucenter@ksu.edu www.ksu.edu/intlstucenter

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