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What Campus Administrators Should Know About International Students and Scholars Presented by : Leigh Cole, Esq . What You Should Know. Definitions Alien Illegal Alien U.S. Citizen Naturalization. Definitions, cont. Nonimmigrant Immigrant Immigration Status.

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slide1

What Campus Administrators Should Know About International Students and Scholars

Presented by:

Leigh Cole, Esq.

what you should know
What You Should Know

Definitions

Alien

Illegal Alien

U.S. Citizen

Naturalization

definitions cont
Definitions, cont.

Nonimmigrant

Immigrant

Immigration Status

definitions cont1
Definitions, cont.

Immigration Status

Visa

SEVIS

government agencies
Government Agencies

U.S. Department of Homeland Security

USCIS

CBP

Border Patrol

ICE

SEVP (SEVIS)

agencies cont
Agencies, cont.

U.S. Department of State (State Department)

purposes
Purposes

Protect U.S. workers

Domestic Security

Protect international workers, students and scholars in the United States

types of immigration
Types of Immigration

Family-based

Employment-based

International Students and Scholars

employment based
Employment-Based

Employer sponsorship required in most cases

Petition to USCIS required in most cases

employment based1
Employment-Based

H-1B Specialty Occupation Workers

Colleges & Universities exempt from Cap

Position require at least a bachelor’s degree or equivalent specific vocational preparation

employment based2
Employment-Based

TN under NAFTA

Citizens of Canada and Mexico

Professions listed in NAFTA

employment based3
Employment-Based

O-1 Extraordinary Ability

High standard

Risen to the top of the field

permanent residency
Permanent Residency

Green Card

(cards aren’t green)

Live and work in the United States indefinitely

permanent residency1
Permanent Residency

Labor certification usually required

Test of the labor market

Special Recruitment Labor Certification for College & University Teachers

permanent residency2
Permanent Residency

Exceptions to Labor Certification:

Outstanding Researchers/Professors

Extraordinary Ability

National Interest

students scholars
Students & Scholars

Institution is approved as sponsor

F-1 international students (full time)

J-1 students and scholars

M-1 vocational schools

students scholars cont
Students & Scholars, cont.

F-1 status requires a full course of study

J-1 status can be for a variety of activities including employment

slide18

Categories for J-1 sponsorship:

Trainee Specialist

Intern Student

Short Term Scholar Professor

Summer Work Travel Teacher

Research Scholar Au Pair

Camp Counselor

students scholars cont1
Students & Scholars, cont.

Institution or sponsor issues immigration documentation direct to the student or scholar

I-20 for F-1 International Students

DS-2019 for J-1 Exchange Visitors

students scholars cont2
Students & Scholars, cont.

Staff on campus are responsible for legal compliance

F-1: Designated School Official (DSO)

J-1: Responsible Officer (RO)

students scholars cont3
Students & Scholars, cont.

DSOs and ROs generally work in the International Office on campus

Many don’t have ready access to legal support

NAFSA: Association of International Educators

students scholars cont4
Students & Scholars, cont.

Delegated authority from Department of Homeland Security to monitor international students & scholars

DSOs and ROs interact regularly with government representatives (DHS, ICE, SEVP, SEVIS, CBP, State Department)

students scholars cont5
Students & Scholars, cont.

SEVIS database

Activate and monitor immigration status

Produce I-20s and DS-2019s

Terminate immigration status

international students
International Students

Project Campus Sentinel

ICE program to develop relationships with DSOs

In-person campus visits

Encouraging DSOs to communicate with ICE officers regarding campus activities

international students1
International Students

F-1 status

Full course of study required

On campus employment allowed

- 20 hours per week during academic terms

- full time during breaks

Off campus work must be authorized by DSO

international students2
International Students

Curricular Practical Training (CPT) employment

“Integral” to a program of study

Optional Practical Training (OPS) employment

During the degree or post-completion, for up to 12 months

STEM extension of 17 months - E-Verify employers only

international students3
International Students

Individuals in other status categories may study

Example: Dependents of professionals

Other students may or may not be counted in the campus international student population

j 1 exchange visitors
J-1 Exchange Visitors

212(e) Two Year Home Residency Requirement

Government Funding

Skills List for home country

All foreign medical graduates in training

dream act
DREAM ACT

Federal law doesn’t prohibit enrolling students with no lawful status

Some states have laws

Graduates don’t have work authorization

slide30
DACA

Deferred Action for Childhood Arrivals (DACA)

Started in June 2012

Must be under age 31 as of June 15, 2012

daca cont
DACA cont.

DACA eligibility:

Under age 31

Arrived in the U.S. before age 16

Continuous residence in U.S.

In school, graduated, GED or veteran

No serious criminal record

daca cont1
DACA cont.

CACA benefits:

Lawful presence and work authorization

Renewable every 2 years indefinitely

campus services
Campus Services

Best Practices

What to do in-house?

Students & Scholars

Employment-based

campus services1
Campus Services

Integration

Students & Scholars:

International Registrar

Dean Admissions

campus services2
Campus Services

Integration

Employment-based:

Human Resources and I-9

Recruiting

protocols
Protocols

Campus protocols for government visits

FERPA

Response to audits and compliance checks

H-1B

I-9

protocols1
Protocols

National Origin Discrimination

Adopt policies

Apply them consistently

slide39

Thank you!

Leigh Cole