F-1 & J-1 Regulations

ATTENTION ALL F-1 & J-1 INTERNATIONAL STUDENTS, SPOUSES, AND CHILDREN

The U.S. Citizenship and Immigration Services (USCIS) (formerly INS/BCIS) and the U.S. Department of State have issued NEW regulations for all F-1, F-2, J-1 and J-2 visa holders. A summary of these new regulations is provided here for your convenience. If you have any questions, please do not hesitate to contact the Immigration Services Office. For additional information you can also check the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State web sites.

Important Note: The Immigration Services Office is here to assist you, but it remains YOUR responsibility to maintain your lawful F-1 or J-1 status in the United States.

Contents

Change of Address

REPORT a change of address to the University WITHIN 10 DAYS of the change. (The University will report the change to the U.S. government.) During web-enrollment periods, addresses will be reported and confirmed by the students through the on-line enrollment process with special email instructions from the ISO. At all other times of the year, the following procedures must be followed to report address changes:

For students who are moving from one room in an on-campus Residence Hall to another room in an on-campus Residence Hall:

  • Notify the IMMIGRATION SERVICES OFFICE of the change WITHIN 10 DAYS by completing the “ISO Change of Address Form,” which can be found here or in the Immigration Services Office (121 Main Building).

For students who are moving TO an off-campus location, and for students who are moving FROM an off-campus location TO an on-campus Residence Hall:

AND

  • Notify the IMMIGRATION SERVICES OFFICE of the Change WITHIN 10 DAYS by completing the “ISO Change of Address Form,” which can be found here or in the Immigration Services Office (121 Main Building).

Reduction of Course Load Below Full-time Status

  • All F-1 students MUST be enrolled for full course of study (12 credit hours for undergraduates and normally 9 credit hours for graduate students).
  • Graduate students who have completed all required course work (but are doing thesis or dissertation) MUST register for a minimum of one 1 credit hour to maintain their full-time student status. Graduate students not enrolled for a minimum of one credit hour are out of legal immigration status in the U.S.
  • All international students MUST first contact our office PRIOR to dropping courses which will place them on less than full-time status. Failure to do so will result in the loss of your lawful immigration status in the U.S.
  • The Request to Drop Below Full-time Studies form can be online

Program Extensions for F-1s and J-1s

  • An F-1 student or J-1 exchange visitor who is maintaining status and making progress toward completing his or her educational objective, but is unable to complete his or her studies by the expiration date on the Form I-20/DS-2019 can now apply for the extension any time prior to the expiration date on Form I-20 or DS-2019. However, because the extensions must now be done electronically, the ISO now requires all ND students to apply for a program extension AT LEAST 1 MONTH BEFORE the Form I-20/DS-2019 expires. Failure to request a program extension at least 1 month before your current program end date on your I-20/DS-2019 could result in serious immigration problems for you.
  • An extension CANNOT be granted after the expiration date on the I-20/DS-2019.
  • The Request for an F-1 Program Extension
  • The Request for a J-1 Program Extension

Transfer Eligibility Requirements

  • A transfer student must be able to begin classes within 5 months of transferring out of the current school or within 5 months of the program completion date on his or her I-20, whichever comes first.
  • The electronic “Transfer Out” request in SEVIS must occur within the 60 day grace period of completing studies at the first institution, so the student MUST request a transfer out during this period.
  • F-1 transfer students should work closely with the Foreign Student/Immigration Offices at both schools to ensure that you maintain your status.
  • J-1 transfer students should also work carefully with each of the sponsoring agencies to ensure that the transfer is done in a timely manner.

F-1 On-Campus Employment

In general, F-1 students can work on-campus without any special permission from the ISO for no more than 20 hours/week while school is in session, and 40 hours/week during vacation periods. New rules regarding on-campus employment are as follows:

  • On-campus employment may begin no sooner than 30 days prior to the start of classes for students admitted for initial entry.
  • In the case of a transfer student, employment can occur only at the school that has jurisdiction over his/her SEVIS (I-20/DS-2019) record.

J-1 On-Campus Employment

J-1 students MUST receive PRIOR WRITTEN permission before working on-campus. Failure to receive prior written permission is a serious violation of the J-1 status. This rule has not changed.

Optional Practical Training (OPT) for F-1 Students

New rules regarding OPT include the following:

  • All F-1 students MUST now apply for post-completion OPT BEFORE their program completion/graduation date.
  • A 12 month period of OPT is now available for each degree level pursued in the U.S. (For example: If you apply for 12 months of OPT after your bachelor’s degree, you can now apply for another 12 months after your master’s degree.)
  • Students engaged in post-completion OPT are required to report any address changes or disruptions in employment to the Immigration Services office.

Grace Periods for Remaining in the U.S.

The “grace period” refers to the amount of time you are lawfully permitted to remain in the U.S. after completing your program of study.

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Any F-1 or J-1 student who withdraws from the university or drops out of classes without obtaining PRIOR approval from the Immigration Services Office will lose all rights to a grace period, will be out of status, and will need to depart the U.S. immediately. Therefore, it is VITAL to contact our office and receive our approval PRIOR to dropping any courses at the Registrar’s Office or ceasing to attend classes. This is the responsibility of the F-1 and J-1 student. The form to request a withdrawal or separation from the university for immigration purposes can be found here

Dependents (F-2s and J-2s)

It is important for dependents to remember that your legal status in the United States is based on the F-1/J-1’s legal status in the United States. Therefore, all dependents will be out of status if their spouse/parent is out of status while in the US.

General Information

  • F-2 and J-2 spouses and children are now issued an individual SEVIS Form I-20 or DS-2019, which will need to be signed within the past 12 months for travel and reentry purposes.
  • All F-2 dependents are still strictly prohibited from engaging in any type of employment in the U.S.

Study Eligibility
Government regulations also limit the eligibility for F-2 spouses and dependents to attend school in the US:

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For J-2s interested in studying in the U.S., there is still some uncertainty about your eligibility to continue studying. There was an omission in the J regulations which may allow you to study on a J-2 basis beyond March 11, 2003. We are still waiting for clarifications from the State Department, and we recommend you speak to the Immigration Advisors at the school where you intend to study for their interpretation.
PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO MAINTAIN YOUR LAWFUL F-1 OR J-1 STATUS IN THE U.S.A.