New F-1 Regulations Effective January 1, 2003

On January 1, 2003, new regulations affecting F-1 students in the U.S. went into effect. The new regulations implement SEVIS (the Student and Exchange Visitor Information System). SEVIS requires educational institutions to report information periodically (change of address, registration, completion of program, etc.) to U.S. Citizenship and Immigration Services (USCIS, formerly known as INS) on all active students under their visa sponsorship. In addition, the regulations have made some changes to procedures and have incorporated the USCIS policy of “no tolerance” for mistakes on the part of nonimmigrants, including F-1 students. It is critical that you understand how the F-1 regulations impact you so that you will be in compliance with them.

Highlights of the changes that will have the most impact on you as a continuing student are as follows:

Stricter Application Deadline for Post-Completion Optional Practical Training (OP

Students who are finishing their studies MUST apply for optional practical training prior to finishing the program, i.e., date of defense, last day of exams. There is no more 60-day “grace period” after completion during which you can apply for OPT. You may apply for OPT up to 120 days before the requested work start date (first year students may apply up to 90 days in advance), but in no case may you apply after your completion date. F-1 students still have a 60-day grace period after completion of studies to prepare to depart the U.S. However, they may not apply for OPT during that time.

Optional Practical Training for Students Advancing Program Levels

If you obtained one degree in the U.S. followed by practical training and are now pursuing a second degree at a higher level, you will be able to apply for an additional 12 months of OPT. For example, if you completed a bachelors degree, had 12 months of OPT, and are now pursuing a Ph.D. degree at Princeton, you are eligible for another 12 months of OPT for the Ph.D. program.

Current I-20 May Be Used for Re-entry until August 1, 2003

If the visa stamp in your passport is valid, you may use your current I-20 to re-enter the U.S. as often as needed up to August 1, 2003. If you will be enrolled at Princeton University for the Fall 2003, Visa Services must issue you a new I-20 approved through SEVIS, i.e., bar-coded, no grace period (see below), etc. prior to the August 1 deadline.

SEVIS I-20 Required for All Students Who Need to Apply for a New F-1 Visa Stamp

If you are traveling during 2003 and need a new F-1 visa, you must have a SEVIS I-20 issued by Visa Services for this purpose. Your current I-20 will not be sufficient. Unless you notify Visa Services of earlier travel plans, we expect to begin issuing these new documents in June.

Elimination of One-Year Grace Period for Program Completion on I-20

Previously, the date listed on an I-20 (Item 5; complete studies not later than (date)) included a grace period (with no relation to your actual Princeton timeframe) beyond the regular period of enrollment. The new F-1 regulations eliminate this grace period. Therefore, any I-20 issued after January 1, 2003 will list in item 5 a date calculated from your remaining period of enrollment (listed on your most recent admission reply). Therefore, this date may be substantially different from the date in item 5 on your current form. Students will need to be particularly vigilant to ensure that their I-20s remain valid at all times…you must have an I-20 with an unexpired date in item 5. If your period of enrollment is extended or your degree candidacy is continued (DCC), your I-20 can be extended prior to the completion date in item 5. Visa Services cannot extend a program after the completion date in item 5. Instead, students must file for reinstatement with the USCIS in order to extend a program.

Less than Full Time Registration Requires Advance Visa Services Approval

Students in F-1 status are required to be enrolled full time every semester. There are very limited situations for which part-time study can be approved, i.e., in the first semester due to English language difficulties, improper course level placement, or in the final semester if less than a full course load is required to complete a degree. Approval to be anything less than full time requires departmental, Graduate School, and Visa Services authorization. Please note that Princeton considers a medical leave as a Leave of Absence, which results in termination of enrollment (loss of F-1 status immediately without a 60-day grace period to depart the U.S.). You may not remain in the U.S. in F-1 status while on a Leave of Absence.

Change of Address Submitted through Princeton Effective January 30, 2003

Effective January 30, 2003, Princeton is required to report your address updates and changes to the USCIS on your behalf through the SEVIS system.You are required to report any change of address to the Registrar’s Office (you may use the SCORE online system) within ten (10) days of any change.* Your address is reported when you are entered into the system, i.e., when you are issued a SEVIS I-20. You may continue to file a change of address yourself (prior to receiving your SEVIS I-20) by downloading the AR-11 from the USCIS website. Dependents must also keep address changes current with Visa Services if the address is different from that of the F-1 student.

*Those students who are subject to National Security Entry-Exit Registration System (NSEERS) also known as special registration must also complete AR-11SR as instructed by USCIS.

Change of Address Requirement for Students on OPT

Students on OPT (and therefore in F-1 status) must continue to report any address updates and changes directly to Visa Services within ten (10) days of the change. Visa Services will report these changes to the USCIS on your behalf through the SEVIS system.

Re-Gaining/Reinstatement to Status is Extremely Difficult

An F-1 student who violates the terms of his or her F-1 status (for example, failure to report change of address, less than full-time study, transferring schools without authorization, working without authorization, etc.) must be reinstated to status by USCIS to be eligible for benefits such as travel signatures, OPT, etc. The new regulations tighten the criteria under which USCIS will approve applications for reinstatement. Therefore, it is vital that students maintain F-1 status. You should consult Visa Services if you have questions about maintaining status. Failure to maintain status may result in penalties including deportation.

F-2 Dependents May Not Enroll in Degree Programs

The F-2 spouse or F-2 children of an F-1 student are no longer permitted to enroll in degree programs (neither full nor part time) at the college or university level. F-2s are only allowed to study if it is avocational (to pursue a hobby) or recreational, occasional, or casual in nature. If they wish to pursue a bachelors or other degree, they must apply to change status to F-1 student for full-time study. F-2 dependents currently enrolled full time at a college or university may continue their studies, but they must apply for a change of status with USCIS to F-1 student by March 1, 2003.

F-2 Dependents must have their own SEVIS Document

Under the new regulations, effective August 1, 2003, F-2 dependents must be issued their own SEVIS I-20. That means if you have a spouse and three children, your family members will be issued four SEVIS documents in addition to the one you possess. Unless you notify Visa Services of earlier travel plans, we will be issuing these new documents at the same time we replace your non-SEVIS I-20 (beginning in June).

Also included in the regulations:

New Limit on Initial Admission to the U.S.

The new regulations limit initial admission in F-1 status to a period of no more than thirty (30) days prior to the date listed in item 5 on the I-20 as the date by which the student is expected to report to the school. For example, if a student has a report date of September 1, he or she can enter the U.S. no earlier than August 2. Therefore, if you take a Leave of Absence, you will be issued a new SEVIS I-20 for your return to the U.S. You will have a report date of the beginning of the semester you are returning from Leave. You may enter the U.S. no more than 30 days prior to that date. Or, if you are registered in absentia and you remain outside of the U.S. for 5 consecutive months or more, you will be issued a new SEVIS I-20 for your return to the U.S. and the no-more-than-30-day admission entry will apply to you.