International students who fail to maintain lawful nonimmigrant
status are ineligible for any immigration benefits
such as employment or change of status.
Students who violate the terms of their nonimmigrant
status are not allowed to work - including assistantships.
It may be possible to enroll for less than
full-time under certain circumstances (e.g., a medical
illness that prevents fulltime studying or a student’s
final semester when all other course requirements
have been met). Students and/or their advisers should
consult with an OIS adviser to discuss any variation
of full-time enrollment, employment over 20 hours
per week, violation of nonimmigrant status, etc.,
including possible consequences and plans of action.
International Students in F-1 or
J-1 student status must satisfy these requirements
to remain in lawful status:
F-1 Students
·
Have a valid Form I-20 at all times; a valid passport at least
six months into the future at all times
·
Maintain continuous full-time (as defined by the graduate school)
enrollment during the Fall and Spring Semesters
·
Makes normal academic progress
·
Limit on-campus employment (including teaching and research
assistantships) to 20 hours per week while school
is in session
·
Required to purchase and maintain University student health
and medical insurance plan
J-1 Students
·
Have a valid Form DS-2019 at all times
·
Maintain continuous full-time (as defined by the graduate school)
enrollment during the Fall and Spring Semesters
·
Makes normal academic progress
·
Limit on or off campus employment (including teaching and research
assistantships) to 20 hours per week while school
is in session
·
Unlike F-1 students, J-1 students must obtain employment authorization
in advance and in writing from their Program Sponsor. If North Carolina State University issued the
student’s DS-2019 then NC State University is the
program sponsor
·
Required to purchase and maintain University student health
and medical insurance plan for self and dependents;
if other J-1Program Sponsor student must purchase
and maintain medical health insurance for self and
any dependents which meet the J-1 federal requirements
for the Exchange Visitor and dependents: $50,000 minimum
per accident or illness; $500 maximum deductible per
illness, $10,000 provision for medical evacuation;
$7,500 maximum repatriation coverage
Exceptions to Full-Time Enrollment:
A letter from the academic adviser to OIS may qualify a student
to be considered in full-time status for immigration
purposes if the adviser certifies one of the following:
·
The student is experiencing English language difficulties or
is unfamiliar with American teaching methods and/or
reading requirements and a lesser course load is indicated
for the first semester of enrollment only,
·
The student has been improperly placed at a particular course
level by the academic adviser and a lesser course
load is needed during the first semester or year of
study,
·
A student who has a medical condition and is consequently advised
to take a reduced course load by a health care professional
should speak to an OIS adviser before dropping any
courses. If the medical condition warrants a reduced
course load then the OIS will issue a letter stating
the student will be considered full-time for the purpose
of maintaining lawful nonimmigrant status.
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Leave of Absence:
An international student may be eligible to interrupt his/her
program of study if certain procedures are followed.
Undergraduate Student:
An international undergraduate student may only interrupt his/her
program by withdrawing from the University.
- The
student requests a withdrawal from the Counseling
Center and consults and secures a signature from
an OIS adviser.
- The
student will be advised as to the immigration ramifications
of a withdrawal.
Graduate Student:
An international graduate student in good academic standing
who must interrupt his/her
graduate program for valid reasons may request a leave of absence
from graduate study for a definite period of time,
normally not to exceed one year.
Once the Graduate School receives the student’s
request for a leave of absence from the department,
OIS is notified of this recommendation.
- An OIS
adviser will advise the student as to how this leave
of absence may affect his/her nonimmigrant status.
- OIS
will notify the Graduate School that the student
that the student has contacted the OIS and been
counseled regarding the legal consequences of taking
a leave of absence in his/her visa status.
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Program Extension:
F-1 Students
An F-1 student is admitted to the United States for Duration
of Status (D/S) which is defined as the time during
which a student is pursuing a full-course of study
and making progress towards completion, or while engaging
in authorized practical training (plus 60 days to
depart the US). A student is who is unable to complete his/her
program of study by the date of completion listed
in item #5 on the Form I-20 must apply for a program
extension. The
student must apply for this extension within 30-day
period before the completion date on the Form I-20
or he/she will fall out of lawful F-1 status.
J-1 Students
A J-1 student is admitted to the United States for Duration
of Status (D/S) which is defined as the time during
which a student is pursuing a full-course of study
and making progress towards completion, or while on
authorized academic training (plus 30 days to depart
the US). A student is who is unable to complete his/her
program of study by the date of completion listed
in item #3 on the Form DS-2019 must apply for an extension
at least two to four months before the student’s permission
to stay expires.
The student needs to contact the J-1 Responsible
Officer about an extension of stay and ask for forms
and instructions on how to proceed.
If the student’s DS-2019 was issued by North
Carolina State University, the J-1 Responsible officer
would be one of the advisers in the OIS. The student must apply for an extension prior
to the completion date on the Form DS-2019 or he/she
will fall out of lawful J-1 status.
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Change in Level of Study:
When an international student progresses from one level of
study to another or changes curriculum, it is necessary
that the USCIS be notified for F-1 students and the
Exchange Visitor Program, Department of State, for
J-1 students. This process occurs when a student changes
curriculum, or moves from a Bachelor's to Master's,
from a Master's to a Doctorate or from a Doctorate
back to a Master's degree at the same institution.
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Employment
Employment is defined by the USCIS as any activity or
service performed by an individual where some type
of benefit or payment is awarded. This can be monetary
compensation or other non-cash benefits (tuition,
meals or room and board, a grade or course credit,
or promises of future employment, etc). If the position
is one for which an individual would normally be paid,
it is considered to be employment whether wages are
earned or not.
Volunteering:
Volunteering for an activity should be restricted to doing
something for the sheer personal satisfaction of it,
should not displace US workers, can result in no other
benefits, and cannot delay an international student's
academic program. Individuals cannot work "as
a volunteer" for a period and then be paid later
(when, for example, they obtain employment eligibility
or authorization or when funding "comes through.") Liability issues also arise when individuals
"volunteer" in laboratories or on campus
and supervisors should ensure that insurance and liability
issues are addressed.
F-1 Students
(On-campus):
F-1 students in lawful status who have been issued a Form I-20
by OIS and are enrolled full-time at NC State University
may work up to twenty hours per week on campus (physically
on the NC State campus, including Centennial campus
and the CVM campus) while school is in session if
they are paid through University Payroll.
They do not need specific written employment
authorization from OIS or USCIS. Full-time enrollment is required during the
Fall and Spring semesters.
F-1 students are considered to be working 20
hours a week on campus if they hold a half-time teaching/research
assistantship. Additional
appointments, supplemental pay, or additional pay
for hours worked beyond the 20 hour per week maximum
will violate the student's nonimmigrant status; the
employment will have to be terminated immediately
(with a loss of tuition remission and health insurance
if the student is a TA or RA) and the student may
have to leave the US. On-campus employment may be full-time during holidays and annual
summer vacations if the student is not registered
for courses during the summer but is pre-enrolled
or intends to enroll for the Fall. Employment is limited to NC State hiring units
(e.g., they get a paycheck through NC State University
Payroll), but may also include employers who are located
on campus and which primarily exist to provide direct
services to students (e.g., dining establishments,
copy center, etc.)
USCIS defines some
types of off-campus employment as "extended on-campus
employment."
In the case of off-campus locations, the educational
affiliation must be associated with the school’s established
curriculum and/or related to contractually funded
projects at the post graduate level (documentation
required). The employment must be an integral part of the student’s educational
program (for example, working at a facility in RTP
in order to collect the data necessary for a thesis).
For this type of employment, the F-1 student must
obtain written employment authorization from OIS
before engaging in employment. A special form regarding
extended on-campus employment is available at OIS
for advisers to complete.
