Immigration Basics

Immigration Basics: FAQ for Academic Advisors advising International Students

By Chris Bargerstock, Michigan State University; Kasey McCarthy, Gemological Institute of America

May 22, 2012

ISSS offices may use this template for creating their own institutional FAQ on immigration basics to share with academic advisers who often need to be aware of certain unique advising needs of international students. Tailor the FAQ to your institution and share with those on campus who may meet with international students in an advising capacity. The FAQ could also be tailored to share with admissions office professionals if they have need of basic immigration information.

Above all it should be remembered that academic advisors should send international students to their international adviser if there is any question about any changes in their academic program or full time status to confirm that these changes will not violate their status.

• What are the common student visa types for International Students?

• Do all international students have to follow the same rules?

• What is full-time enrollment for International Students?

• What if an international student changes major or degree level - does the student need to do anything?

• Does a student need to enroll full-time in the summer?

• Can international students take online courses?

• Can international students pursue online degree programs?

• Can students ever register below full-time?

• Can students enroll concurrently at more than one institution?

• Can students transfer to another institution?

• Can F-1 and J-1 students work on-campus?

• Can F-1 and J-1 students work off-campus?

What Are the Common Student Visa Types for International Students?

Schools are authorized by The Department of Homeland Security (DHS) to issue an immigration document through the Student and Exchange Visitor Information System (SEVIS) that is used by foreign nationals to apply for a student visa to study in the United States. A school can also be authorized by the Department of State to use SEVIS to invite exchange visitors to come to their institution in the U. S. to study, teach, or perform research.

F-1 student

F-1 is the most common immigration status for degree seeking international students. Prospective F-1 students will receive a Form I-20 (Certificate of Eligibility) document from the school, which they will generally use to apply for an F-1 visa at a US consulate or embassy. F-1 students are then admitted to the United States in F-1 status to study and must attend school full time except for their vacation break.

J-1 student

The J-1 student category is also used by international students. J-1 students will receive a Form DS-2019 (Certificate of Eligibility) document from either the school they are planning to attend or from the program sponsor, which they will use to apply for the J-1 visa. The J-1 exchange visitor category is regulated by the U.S. Department of State (USDOS). J-1 students are in the United States to study and can be degree or non-degree seeking and must attend school full time in their program except for their vacation break.

M-1 student

An M-1 student is in the US for vocational or non-academic study for a specific period of time. Like F-1 students, M-1 students will also receive a Form I-20 (Certificate of Eligibility) document from the school, which they will use to apply for an M-1 visa at US consulate or embassy. They must study full time except if the school is closed for a specific holiday period.

Do All International Students Have to Follow the Same Rules?

Know the student's immigration status. Students in the U.S. may have a variety of statuses.

Some may be here for another reason besides studying, but are allowed to attend classes in their current status. In these cases, study does not maintain their immigration status and is considered "incidental to status" (e.g., H-1B, H-4, J-2, E's, etc.). Unlimited study (part or full time) or not studying at all would be acceptable for these students.

Some types of immigration statuses do not allow studying, so in order to begin studying the future student would have to to leave and reenter in a student status or change their status within the United States. Examples of statuses that do not allow study are B tourists and business visitors, and F-2 dependents of F-1 students. Students in categories that do not allow study who would be considered in violation of their immigration status if they begin study before their status is changed.

Many dependent statuses (given to individuals who are accompanying the principal nonimmigrant) are limited by age— most dependent children "age out" at 21 (e.g. J-2, H-4, etc.), and can no longer enjoy derivative status based on their parents' status. So this may affect college-aged students; they will be in one status through age 20, and then need to change to another status that might have different requirements, before they turn 21.

The following is a chart that lists visa types and if those in that status are eligible to study. Remember to refer students to your international student services office if they have any questions!

SEVP Handout: Nonimmigrants: Who Can Study? (500kb )

Know your institutional policies. Does your institution restrict study for those in certain statuses? You must know your own institutional policies before you can advise some students.

What is Full-time Enrollment for International Students?

International students in F-1, M-1 or J-1 status are required to enroll in a full course of study during the academic year, as a condition of maintaining their immigration status. Although most often equated with what the school considers "full-time" enrollment for other purposes, the

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