11/7/2011

Rules for maintaining F-1 status are complex and can be confusing for students. It is common for students to rely upon the school and the Designated School Official (DSO) to advise them regarding all legal requirements. For many, this is sufficient. Most reputable schools undertake the time and incur the costs of hiring knowledgeable DSOs to keep their F-1 programs in full compliance, and to provide their students with proper guidance. Ultimately, however, the F-1 student is responsible for his/her own status and needs to be aware of basic requirements in order to identify common mistakes before a violation occurs.

Students who are found to have violated their F-1 status may face serious consequences, including the initiation of removal (deportation) proceedings against them. Other potential consequences include: ineligibility for reinstatement to F-1 status, inability to transfer to a different university or program, inability to change status to another nonimmigrant status, and difficulties reentering the United States after traveling abroad.

Unauthorized employment is one of the commonly used allegations of F-1 status violation. Its consequences typically include unavailability of reinstatement as an option to resume status. Unauthorized employment may result from a variety of scenarios, such as off-campus work, or on-campus work without proper Curricular Practical Training (CPT) authorization. However, in the case of TVU, even students working under authorized CPT were not always safe. The U.S. Citizenship and Immigration Services (USCIS) has categorized some of these CPT authorizations as invalid. This, in turn, results in an after-the-fact determination that some students failed to maintain status. Therefore, students applying for and receiving employment authorization should be familiar with the rules. This allows them to identify and avoid situations that could create problems for them in the long run.

As a general rule, only students who have completed one full academic year in F-1 status are eligible for CPT authorization. The exception to this is limited to students enrolled in graduate programs that require immediate participation in CPT. It is generally not enough for a program to require practical training that can be completed at any time during the course of study. The program must specifically require practical training during the first year of the program. This is not a particularly common requirement. 

The U.S. Immigration and Customs Enforcement (ICE) conducted a raid of Tri-Valley University (TVU) in January 2011. The school was closed, and the students were all considered immediately out of status. Some of the students faced accusations of status violations even though they were acting in accordance with school policy and had all required documents and approvals. 

Some of the students at TVU were deemed to be status violators for taking only online courses, as was the school's practice. Other TVU students were viewed as engaging in unauthorized employment, due to working on school-issued Curricular Practical Training (CPT) immediately after enrollment. These problems highlight the need for students to be more proactive and informed when it comes to the law and legal requirements to maintain F-1 status. They can no longer simply rely on what they are told by the designated school official (DSO) or upon the fact that their school has SEVP certification to sponsor F-1 students.