UPDATES TO STUDENT REGULATIONS
On December 11, 2002, the Bureau of Citizenship and Immigration Services (BCIS) issued a final rule governing the maintenance, extension, and reinstatement of status for F-1 students. The rule became effective on January 1, 2003.
There are several important changes that will affect the stay and activities of F and J visa holders. Here are a couple of highlights:
Any reduced course load (below 9 credit hours) must be pre-approved by a Designated School Official (DSO) at the institution.
The institution is responsible for reporting to BCIS whether a student is enrolled or not and whether enrollment is full-time or part-time.
Only one on-line/distance education course (3 credit hours) per semester may be counted toward full-time enrollment.
Students must apply for Optional Practical Training (OPT) prior to their completion of program or the end date on their I-20 form, whichever comes first. Students who were required to register under NSEERS and who failed to register will likely have problems obtaining OPT, since BCIS will generally ask for proof of compliance before issuing an EAD.
Students must report address changes to BCIS and to their institution. BCIS is to be notified within 10 days of an address change.
F-2/J-2 dependents may not enroll in a full course of study/degree program; if they wish to pursue a full-time academic program, they must initiate change of status to F-1 or J-1 (currently enrolled dependents must initiate the change of status by March 1, 2003).
The institution will have to report to BCIS all students who enter the United States using an immigration form issued by the institution but who subsequently fail to enroll.
The grace period for students who withdraw has been reduced to 15 days. For students who withdraw without consent of their DSO, there is NO grace period.