International Student Offices: What Administrators Should Know

1. International Student Offices: What Administrators Should Know Kris Kaplan, Deputy General Counsel Minnesota State Colleges and Universities CAAO, CSAO and Deans Meeting October 2012

2. International Student Offices • What goes on in there? • Why it is important for administrators to understand their activities. • How administrators can (and must) support their ISOs.

3. Authorization Certification C/Us that wish to enroll international students in F-1, M-1, and J-1 status must apply for authorization; process requires certification that it will, among other things: • Agree to meet all regulatory requirements; • Employ an adequate number of properly trained staff to oversee and administer the program.

4. Get to Know Your DSO • Each campus at which an foreign international student can be enrolled must have a Primary Designated Student Official (PDSO) and may have up to nine DSOs. • President appoints PDSO = campus SEVIS rep; • Regulations require all DSOs to be employees and citizens or LPRs. All DSOs must certify that they are familiar with applicable immigration regs and intend to comply.

5. Student and Exchange Visitor Information System • DSOs are authorized users of SEVIS – the web-based information system for tracking and monitoring schools and international students in F, M, and J visa status • Under Immigration and Customs Enforcement (ICE) in DHS, and considered to be part of the overall border protection strategy

6. International Student Office Roles • Primary liaison and advisor to foreign international students seeking admission or already enrolled; • Main contact with US government departments re: foreign national students: State Department; Department of Homeland Security and others; • Ensure school remains eligible to admit foreign international students and compliant with SEVIS reporting and recordkeeping regulations.

7. Risky Business • Immigration regs cite 18 grounds on which c/u may lose its ability to admit foreign international students, and most relate to activities of International Student Office. • Incorrect advice or reporting determinations may affect student’s current and future ability to live, work or study in the US.

8. F-1 Basics • Most common immigration status for foreign national students; to obtain visa, must show: • Accepted by authorized school; • Sufficient funds to cover costs for at least 12 mos; • System-required health insurance • Intent to return home at end of studies; • Sufficient English proficiency and intends to pursue full course of study. ISO reviews application and if acceptable, issues I-20 Form, which is used to apply for visa.

9. F-1 Basics • Admitted for “duration of status,” i.e.: • Pursuing full course of study • Generally 12 semester credits per term • Not more than 3 per term are online • DSO must authorize reduced load. • Generally, may work only 20 hours per week during regular semester (more during breaks) • On-campus, unless DSO authorizes exception, or • CPT or OPT (following program completion).

10. F-1 and SEVIS • DSOs required to maintain records and report certain information about F-1 students through SEVIS • Some reporting required within 21 days of event, e.g.: fail to maintain status, name or address change, discipline based on criminal conviction; • Some required within 30 days of school’s last registration date, e.g.: fail to enroll

11. M-1 Status • Visa classification issued to students who wish to pursue non-academic course of study (e.g. certificate or vocational program). • School must be authorized to enroll; • Course (including practical training) cannot exceed 12 months; • Qualifications similar to F-1, students must pursue full course of study. Not for language training program.

12. J-1 Status • Short-term students or scholars; • School must be authorized through State Department – participants typically sponsored by governmental entity (US and/or foreign); • Most subject to two-year home country physical presence after course completed (or waiver required) • Education for Global Learning (EGL) – system consortium for sponsoring J-1 students/scholars

13. Risk Management Given the breadth, scope and diversity of its work, ISO needs administrative support to avoid liability. • Ensure that DSOs have sufficient resources and training, e.g.: • Web-based training at: www.ice.gov/exec/training • NAFSA Adviser’s Handbook www.nafsa.org • Minnesota International Educators (MIE) http://mn-mie.com/

14. Risk Management • Do DSOs understand responsibilities to c/u and how to handle potential conflicts with student’s interests? • Do DSOs understand how to access system legal advice from OGC/AGO? • Do DSOs understand potential consequences of acting outside scope of their duties? Do they know when to refer students to immigration attorneys or others?

15. Other Resources • Tips for International Educators handout, Bruce Gawtry, UMN • Law Enforcement FAQs handout, Kris Kaplan, OGC • NAFSA Code of Ethics http://www.nafsa.org/_/File/_/ethical_principles_2009.pdf

16. Current Issues • Re-certification • www.ice.gov/sevis/webinars • Accreditation of ESL Programs • If c/u operates, must just show that program falls under umbrella of programs for which accreditation approved