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Faculty guide for advising international students TABLE OF CONTENTS
The most important element to grasp with regard to SEVIS is that schools have very little discretion in administering student and exchange visitor programs. Working in a government database sets real-time parameters that do not allow for spontaneous or changing behavior, much less any negotiation on deadlines. It is essential that faculty and staff working with international students keep this in mind when the OISS requests information for routine and exceptional matters. Now more than ever, the role of advocate for international students at all levels is vital. The OISS works to fulfill that role in many ways. Your support and interest in working with international students is a meaningful contribution to the promotion and advancement of international education at NYU. Background We hope faculty will find this guide useful when advising international students about their academic careers. Although international students enjoy some of the same rights and benefits as their American peers, some of these are superceded by federal regulations. It is imperative that faculty be familiar with the content of this guide to ensure that international students remain in compliance with the law especially in this restrictive environment of increased monitoring. Office for International Students and Scholars Advice on immigration includes general information on students' rights and responsibilities as well as assistance with procedures required for school transfer, extensions of stay, work permission, and practical training experiences. OISS advisors serve as representatives and advocates for international students in dealings with U.S. and foreign government agencies, other campus offices and departments, and the community. Students are required to maintain close ties with the OISS throughout their stay at NYU as SEVIS regulations have placed institutions' “designated school officials” – OISS staff – squarely in the middle of the academic advising process, as outlined below. Contact us. Immigration Overview International Students' Rights and Responsibilities in the United States Immigration laws regulate many aspects of international students' lives, including entry to the United States, the conditions under which they may remain in this country and re-enter after traveling abroad, and eligibility for immigration benefits such as employment or change of status. The U.S. government expects students and scholars to comply with immigration regulations, and failure to do so may result in severe sanctions, including deportation and bar from return to the U.S. for several years. Students must stay in communication with the OISS to ensure that they fully understand and comply with federal regulations. To maintain F-1 or J-1 status in the United States, international students must: • report to the OISS with passport, NYU issued I-20 or DS-2019 , and form I-94 upon first arrival at NYU to verify their presence and ensure that these documents have been properly processed. • register for and complete a full-time course load each semester. Any and all exceptions to this, whether for academic, medical or personal reasons, must be documented and approved by the OISS prior to finalizing registration and within one week of the beginning of classes for academic reasons. • obtain written authorization from the OISS or the DHS as required before engaging in any employment on or off campus. • keep their passports valid at all times. • notify the OISS immediately of a lost or stolen I-20, DS-2019, or passport. • report to the registrar's office any change of address within ten days of the move. • file a federal income tax form for every year present in the United States. This includes students with no income and F-2 and J-2 dependents. The annual deadline to file is April 15. • contact the OISS before transferring schools, taking a leave of absence, changing academic programs, traveling outside the U.S., or extending the academic program.  Top Full-Time Study • a student new to the U.S. who is taking courses in English as a Second Language. NYU students enroll in the American Language Institute of the School of Continuing and Professional Studies. (Prior OISS authorization is required.) • a new student who was improperly placed in an advanced level course. (Prior OISS authorization is required.) • a student who is in the final semester prior to program completion and needs less than a full-time course load to finish the academic program on time. (Prior OISS authorization is required.) • a graduate student who is working the equivalent of full-time enrollment on a final project, thesis, or dissertation. (The school or department must give the student full-time equivalency in SIS.) • a graduate or teaching assistant whose course load is supplemented by the work of the assistantship. (The school or department must give the student full-time equivalency in SIS.) Except when admitted to a program commencing in May, June, or July, F-1 and J-1 students are not required to enroll during the summer. To determine the student's eligibility for the full-time enrollment exception, the student must complete the part-time enrollment form, available here. Academic Probation Personal and Medical Leaves of Absence Students requiring a leave of absence or permission to take less than a full course load for medical reasons are eligible to stay in the United States, subject to conditions set forth by the DHS in accordance with information provided by a physician. The federal government will not allow a medical leave of absence to exceed an aggregate of twelve months. An international student on a full or partial medical leave, whether on physical or psychological grounds, must notify and receive the approval of the OISS to remain in the U.S. OISS involvement is also required to facilitate the student's resumption of study following a medical leave of absence. Students taking a leave for psychological reasons must be evaluated by Counseling and Behavioral Health Services prior to commencing a leave and will be required to obtain permission from UCS before returning to enroll at NYU. The Academic Department and the OISS Only OISS officials are authorized to issue, sign, and update immigration documents for international students . Sometimes students confuse their academic advisor with their OISS advisor. Please do not complete any government form for any international student. Should you be uncertain about what is being asked of you, contact the OISS directly. If an international student suddenly stops attending classes or drops out, it is critical that the department notify the OISS immediately. The OISS will follow up to ensure the student is safe and is aware of the immigration regulations governing international students. Employment Most forms of off-campus employment for F-1 students are recommended by the OISS and authorized by DHS. The processing time of these applications by DHS is approximately two-three months. It can – and often does – take more or less time depending on the backlog at DHS. For NYU sponsored J-1 students, off-campus employment is authorized by the OISS. Generally, international students must be in the U.S. for one academic year before they are eligible to work off campus. Most F-1 and J-1 students have the opportunity to pursue "practical training" or "academic training," off-campus professional employment in their field of study available during and following studies at NYU. Students may apply and interview for employment without having work permission in hand but may not commence performing services prior to receiving written authorization. Students who work without authorization face serious repercussions, and employers are subject to DHS sanctions and fines. Taxes Social Security Card Financial Aid It is important to place international students' requests for aid in the context of their immigration status. That is, to obtain F-1 or J-1 student status, individuals had to prove to NYU, the U.S. consulate, and DHS that they had sufficient funds for the duration of their academic programs. Students are not permitted to take a reduced course load for financial reasons; to do so results in the loss of student status and eligibility for such benefits as employment, extension of stay, and transfer of schools; ultimately endangering a student's ability to remain in the U.S. Health Insurance Dependents Disciplinary Concerns and Criminal Violations In the event of any contact with the criminal justice system, a student should seek legal counsel before entering a guilty plea. Because it is important that a student's immigration status be taken into account in any criminal proceeding, the OISS should be notified immediately. There are severe consequences under current immigration law for criminal convictions that may not appear to be serious to an American. These include crimes that fall under the broad category of “moral turpitude” as well as crimes involving narcotics or marijuana. A student could be removed from the U.S. or denied re-entry to the United States if convicted of certain crimes. The university is required to report to the Department of Homeland Security any NYU sanction resulting from the conviction of a crime. Such an occurrence would render a student out of status. Public Benefits Cooperation between state social service agencies and DHS makes it possible for the DHS and the United States Department of State to identify nonimmigrants who accept public benefits. International students who have accepted such aid may be denied visas at consulates abroad or may be denied re-entry to the United States. Frequently, social service agencies, hospitals, or public housing administrators unwittingly encourage international students to apply for public benefits because they are unaware of the regulations governing nonimmigrant status or they do not know the immigration status of the individuals they are advising. Further, although the U.S. citizen children of nonimmigrants may be eligible for public benefits, by accepting those funds the children's parents acknowledge their inability to support their dependents and thus risk being judged to have violated the conditions of their F-1 or J-1 status. OISS Programs, Services, and Publications The OISS publishes a newsletter for the NYU community, and a number of specialty brochures dealing with employment, personal adjustment, and community resources. Dateline OISS is an electronic newsletter sent out to all international students with an active NYU e-mail account. Programs, services, and more information is available in our website. A monthly events calendar OISS advisors are available daily to answer questions, process applications, and assist students in negotiating university and community systems. Advisors work closely with school representatives, the University Counseling Service, and central administration officials to ensure that students get needed help. The OISS coordinates emergency services in personal, political, and economic crises. Anticipating Intercultural Challenges
If you are concerned about a student's academic or cultural adaptation, do not hesitate to contact the school's student affairs office or the OISS for guidance in how to help the student, and if warranted, to refer the student to either office. Closing Equally important, as hosts to international visitors, NYU faculty and staff must assist newcomers in making their cultural adjustment to the United States, whether they are from a country as similar in culture as Canada or as different as China. The OISS assists students in making this adjustment by coordinating information programs, by providing a forum for students to discuss their experiences and ideas, by advocating for their special needs and concerns, and by helping them develop a support system while they are in New York. Working together, faculty, staff and students create and maintain an environment in which international students can thrive. Appendix A: Glossary of Immigration Terms Department of Homeland Security (DHS): The U.S. government department responsible for most areas of national security, including all areas related to foreign visitors in the U.S. Under its jurisdiction are three bureaus that handle the work previously done by the U.S. Immigration and Naturalization Service (INS). Foreign students come into contact with DHS at the ports of entry to the United States, through the SEVIS database, and when applying for nonimmigrant benefits, e.g., employment authorization. Department of State (DOS): This department responsible for visa issuance worldwide through U.S. consulates and embassies. A bureau within the U.S. Department of State administers the Exchange Visitor Program and thereby regulates the stay of all individuals in J-1 status D/S: An abbreviation used by DHS for "Duration of Status." F-1 and J-1 students are admitted to the United States for as long as they are full-time students complying with all pertinent regulations. It is not indefinite, however; the period of time reflected on the I-20 in section five or the DS-2019 in section three determines the maximum length of the individual's stay and remains conditional upon the pursuit of full-time study. DS-2019: The government-controlled document the OISS issues to individuals applying for J-1 visas abroad or a change of status or transfer to J-1 student, if they are already in the U.S. The DS-2019 has a unique identification number on it, which connects to the student or scholar's record in the SEVIS database. The DS-2019 serves as a primary record of a student's immigration-related actions, such as extensions and transfers. A student should keep all DS-2019s ever issued to compile a comprehensive history of J-1 status. Employment Authorization Document (EAD): The laminated card issued by the DHS as proof of valid employment authorization for F-1 students and J-2 dependents. The EAD indicates the begin and end dates of employment and the type of work permission authorized. F-1: Most international students at NYU are under this immigration classification, which means they have been admitted to the U.S. for the purpose of full-time study, have demonstrated financial resources for the entire academic program, and have a permanent residence abroad which they have no intention of abandoning. F-2: The dependent spouse and unmarried minor children of an F-1 student have this immigration classification. F-2 dependents are not permitted to work in the United States under any circumstances. F-2 dependents are also prohibited from full-time study at the post-secondary level. I-20: Formally known as the I-20 AB, this DHS document is issued by the OISS for individuals abroad to obtain an F-1 visa or to apply for or to maintain F-1 status if they are already in the U.S. The I-20 contains a unique identification number, which is for the student's record in the SEVIS database. The I-20 serves as a primary record of a student's immigration-related actions, such as program extensions and transfers. A student should keep all I-20s ever issued to compile a comprehensive history of F-1 status. I-94: The small white card also known as the arrival/departure record. It is issued to the student at the port of entry by a DHS officer and removed from the passport when the student leaves the U.S. It is a very important document that verifies a nonimmigrant's legal entry to the U.S., including the date of arrival, the classification of the individual, and the time allowed to remain in the United States. It is the I-94 and not the visa stamp that controls how long someone may remain in the U.S. legally. Immigration and Customs Enforcement (ICE): The bureau within the Department of Homeland Security responsible for the SEVIS database, and intelligence and investigations related to nonimmigrants in the U.S. INS: The United States Immigration and Naturalization Service was responsible for enforcing the regulations that apply to non-citizens within the United States. These duties now fall under the Department of Homeland Security. J-1: There are many J-1 "categories," one of which is student. Fewer than 10% of the international students at NYU are in J-1 status, which is reserved for individuals who participate in an academic exchange between NYU and a university abroad or who are funded by an international organization, the U.S. or a foreign government, or a private agency in support of international education. Some J-1 students are subject to a two-year home return requirement following completion of the academic program as a condition of the funding they received or based on the skills that are in demand in the home country. J-2: The dependent spouse and unmarried minor children of a J-1 exchange visitor have this immigration classification. A J-2 dependent may apply for work permission with the DHS. It is expected in the near future that J-2s will be prohibited from full-time study at the post-secondary level. Status: Upon entry to the United States, all individuals are classified based on the documents and reasons they present at the port of entry. Most international students at NYU are in F-1 status. Individuals who do not comply with the regulations governing a given classification are "out of status" and therefore ineligible for certain "benefits" such as employment. United States Citizenship and Immigration Services (USCIS): The bureau within the Department of Homeland Security responsible for adjudication of applications for benefits filed by nonimmigrants. Visa: The stamp in a passport serves as an application to enter a given country, in this case the U.S. Visa stamps can only be obtained overseas at U.S. consulates and embassies. The visa does not indicate how long someone can remain in the U.S. Appendix B: Becoming an International Student F-1 and J-1 visa applicants are required to pay a SEVIS fee. Evidence of payment is required by the U.S. consulate or embassy in order to apply for the visa. Using the I-20 or DS-2019, the passport, NYU letter of acceptance, and financial documentation, the student applies for the F-1 or J-1 visa at the nearest U.S. Consulate or Embassy. An in-person application with an interview lasting no more than three minutes is required. The purpose of the interview is to confirm that the individual meets the criteria for the F-1 or J-1 visa, including overcoming a presumption that the applicant intends to immigrate to the United States. All international students outside the U.S. must obtain an F-1 or J-1 visa to enter this country, except Canadian citizens who are not required to obtain a visa stamp or even to possess a passport. (Canadian students still require the form I-20 or DS-2019, however.) Upon arrival to the U.S., international students present to the DHS officer the passport containing the F-1 or J-1 visa, the I-20 or DS-2019, the NYU admission letter, and evidence of financial resources. The inspecting officer classifies nonimmigrants according to the purpose of their stay. This classification is known as status and is verified by a small white card, the I-94 card, stapled into the passport. The length of time F-1 and J-1 students can remain in the United States is determined by viewing the I-94 card in conjunction with the I-20 or DS-2019. The I-94 cards of F-1 and J-1 students should be marked D/S for Duration of Status. The visa stamp in the passport does not determine how long a student may remain in the U.S.; it may expire at any time and need not - indeed cannot - be renewed or reissued until the student travels abroad. Federal regulations establish the differences between F-1 and J-1 students, setting the parameters as to who is eligible for which classification. The major distinction is that the F-1 is used for “independent” students, whereas the J-1 is for sponsored students. F-1 students study in the U.S. on their own accord, with funding from private sources, generally personal savings, family funds, NYU funds, or sponsorship by the home-country employer. J-1 students study under the auspices of an exchange program between New York University and a foreign institution or they are financially sponsored by an international organization, the U.S. government, their home government, or a private agency in support of international educational exchange. J-1 students and scholars who are sponsored by the U.S. government, under the auspices of the Fulbright program or the Agency for International Development, for example, are subject to additional restrictions defined by Congress and the agencies administering the programs. The J-1 program is administered by the U.S. Department of State.
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