INTERNATIONAL STUDENT SERVICES

U.S. Immigration Questions and Answers for Students

If your questions aren't answered here, log on to the U.S. Information site for additional immigration information.

Maintaining F-1 Student Status

To maintain your F-1 status, you must comply with the following regulations:

You entered the United States in F-1 status as a student. Your primary responsibility is to maintain your status as a student.
Keep your passport valid at all times. While in the United States you must maintain a valid passport. We recommend you always maintain at least six months validity on your passport.
Although you entered the U.S.A. on a valid visa, the visa may expire during your time here. While in the U.S.A., an expired visa holds no meaning. The visa was the “key” for you to enter the country. What needs to remain valid is your I-20 and passport. The only time you can renew your visa is when you leave the U.S.A. and re-enter.
Attend your authorized school. The school that issued you the I-20 is the only school you are authorized to attend.
Remain a full-time student and make normal progression toward your degree.
Undergraduate students are required to register for 12 credits per semester.
Graduate students are required to register for 9 credits per semester.

Exceptions to the full-time course of study

Students are not required to be registered during breaks and summer vacations.
During your last semester you may need less than the minimum credit load to complete your degree requirements. HOWEVER, this will need to be documented by your advisor and you must obtain approval from the ISS office.
Experiencing difficulties due to unfamiliarity with the English language, U.S teaching methods or improper course placement. This will need to be documented by your advisor and you must obtain approval from the ISS office.
Medical condition or illness. Documentation required from a licensed physician documenting the medical condition, the number of courses recommended to take and the length of time needed to be less than full-time. This will need to be documented by your advisor and you must obtain approval from the ISS office.
Leave of Absence is not permissible while in F-1 status. If you choose to take a Leave of Absence from the University, you must leave the United States immediately. A Medical Leave of Absence, when appropriately documented and approved allows you to remain in the U.S.A. and maintain your status.

Maintain a valid and accurate I-20.

Section 5 on the I-20 indicates the expected date of graduation. If the expiration date is within three months and you will not finish your program, you must apply for an “Extension of Stay” before the expiration date. (see below) Refer to the section regarding Extension of Stay for the guidelines and forms.
To re-enter the U.S., you are required to have a Designated School Official (DSO) sign page three of your I-20 annually. You will find a DSO in the Office of International Student Services (ISS).
Employment Authorization is required to accept any type of employment.

Non-compliance of any and all of the above requirements leads to violation of your F-1 student status. Once in violation, you may likely be subject to deportation and forfeit your educational goals in the United States. Before making any changes, please contact the ISS office for guidance and assistance. It is very difficult and may be impossible to correct a wrong. We can’t fix a problem based on what a friend told you. Allow the ISS office to assist you in maintaining your legal status in the United States.

Extension of Stay for F-1 students

Immigration regulations require you to finish your program of study by the date indicated in Section 5 on your I-20. If the end date is within three months of expiration and you will not finish your program, you must apply for an “Extension of Stay” before the expiration date.

Your extension request must be granted prior to the completion date listed on Section 5 of your I-20. Immigration regulations prohibit granting an extension after the expected completion date listed on your I-20. Failure to request an extension in a timely manner will result in termination of your F-1 student status.

To be eligible for an extension, the following information will be required:

Proof that you are currently in valid F-1 status
You have maintained F-1 status and have consistently been a full-time student.
Documentation from your advisor as to the reason for the delay in completion of your studies. Reasons such as change of major, loss of credits due to a transfer, illness or improper placement will be reviewed.

To apply for an Extension of Stay, the following documents must be submitted to the ISS office AT LEAST THREE MONTHS PRIOR TO THE COMPLETION DATE IN SECTION 5 ON YOUR I-20:

Recommendation letter from your Academic Advisor
Financial documentation -- U.S. immigration regulations require valid documentation for certain procedures. These documents are:
Original bank statements verifying account balance from either a U.S. or foreign banking institute for at least three months prior to the date of your application.

Once approval for the extension has been granted you will be issued a new I-20 with a new completion date. This I-20 must be attached to the old I-20 and kept. Many times during the immigration process you are required to show all I-20’s that have been issued.

Curricular Practical Training

Curricular Practical Training (CPT) is one of the types of employment for a student in F-1 status. It permits a student to take part in an internship or co-op. The type of training is work experience that is an integral part of the curriculum. All students must meet the following Career Services Office requirements:

Who is eligible to participate in an internship or co-op?

Undergraduate students enrolled in a degree program who:

Have a cumulative grade point average of 2.5 or higher.
Have completed 30 credit hours and, if a transfer student, have completed at least one full time semester at Embry-Riddle.
Remain in good academic standing throughout their participation in the Co-op/Internship program.

Graduate students at full graduate status who:

Have a cumulative grade point average of 3.0 or higher.
Have completed six credit hours applicable to his/her degree program, and will have completed nine credit hours by the start of the internship.

Regardless of whether the internship/co-op is paid or unpaid, or you choose to volunteer your services, you are required to obtain employment authorization from the ISS office PRIOR to the work experience.

A student participating in a cooperative education/internship professional activity is considered to be a full-time student if the experience is approved by both the faculty and Career Services Office and the student is registered for an approved experiential course. Cooperative education and internship experiences are designed as academically based experiential education.

The qualifications for an approved CPT are:

The internship or co-op must be a necessary component of the field of study you have chosen within your major.
Credit will be given toward your degree.
The experience will be evaluated by a faculty member or your advisor and will appear on your transcript with a grade.
You must be registered for the appropriate course listed in the school catalog.

To be eligible for CPT you must document the following:

You are currently in F-1 status and have been in lawful F-1 status for at least one academic year.
You must have an internship/co-op documented and approved by your advisor, Career Services and ISS. This must include the type of training, name and address of employer and dates of employment.

NOTE: CPT may be part or full-time. However, if you take 12 months or more of full-time CPT, you are ineligible for post-completion Optional Practical Training. We recommend that you utilize less than 12 months of full-time CPT.

To apply for CPT, you must bring the following documents to the ISS office:

An offer of employment on company letterhead stating your name, the number of hours to be worked per week, compensation being offered, name and address of the employer and a general description of your duties.
Documentation from Career Services approving the co-op
Completion of the Curricular Practical Training Employment form

Optional Practical Training

Pre-Completion Optional Practical Training is for students who have not yet met the requirements to complete their degree, but would like authorization to work in their field of study. Authorization is granted on a part-time basis (20 hours per week) while school is in session. The student may work full time (40 hours per week) during official University breaks only.
Post-Completion Optional Practical Training, is off-campus work authorization in your field of study after you have completed your studies. If granted by Immigration, the authorization is for 12 months and 40 hours per week (full time).

In both cases, the student is required to have been in F-1 status for at least nine months before applying for Post-Completion or Pre-Completion Optional Practical Training.

Students who are planning to complete their studies in the current semester should apply for Post-Completion OPT.

You must apply for Post-Completion OPT before you complete your studies. We recommend that you submit the application packet to the Office of International Student Services 30-60 days prior to your completion of studies.

Immigration allows you to begin working up to 60 days after your completion date. (If you are completing your degree requirements in spring, the latest start date you may choose is July). You may, however, choose any date between May and July. Example: If you choose July 15, 2005 as your start date, your end date will be July 14, 2006.

It may take Immigration as long as three months to send you the Employment Authorization Document (OPT card). If you have not received the card after 91 days, please contact the Office on International Student Services for further instruction.
Receiving a blue letter from immigration means that either something is wrong or missing from your application for employment. As soon as you receive this letter, it is critical that you notify the Office of International Student Services so we can help you to remedy the problem. Do not delay!
You may not work until you have your card, and you may not work before the start date on your card.
You are required by the U.S. Citizenship and Immigration Services (USCIS) to notify the Office of International Student Services of any address changes. We will then notify Immigration for you.
Because your recommendation for OPT will be clearly stated on page three of your I-20, you will be asked by an Immigration Official to produce your Employment Card upon entry to the United States. You may also be asked to show a letter stating that you have secured employment in the USA. We strongly recommend that you travel outside of the United States only if you have a job in the states to return to. Travel with your OPT card, as well as all other immigration documents. (Your OPT card states that it is not valid for entry to the United States). The OPT card alone is not enough to enter the country, you need all immigration documents.
If you choose to travel, you are still required to obtain a travel signature on page three of your SEVIS I-20.

Immigration states that you have 60 days from the end date of the authorized Post-Completion OPT period to:

Change your status
Begin a new academic program
Leave the U.S.

Off-Campus Employment-Economic Hardship

Students who are experiencing extreme financial difficulties that are beyond the student’s control and are due to unexpected changes, may apply for off-campus employment to assist with their financial burdens. Approval is granted by USCIS.

When applying for Economic Hardship, students MUST be able to show ample evidence of economic distress

To be eligible for economic hardship a student must document that they have been in valid F-1 status for at least one academic year.
The economic hardship is due to unforeseen circumstances that have occurred since the I-20 was issued
Student is in full-time status and good standing.
Acceptance of employment will not interfere with educational objective.
To apply for Economic Hardship, submit the completed checklist, Form I-765, and supporting documentation to the ISS office.

Examples of supporting documentation may include:

Signed letters, statements, and affidavits of unexpected changes in your financial situation.
Copies of medical bills or unexpected expenses.
Newspaper articles from country explaining specific disaster.
Financial Information Statement (Download).

It may take several weeks to obtain the employment authorization document (EAD) card from USCIS. You may only begin employment when you receive the card.

Employment is limited to 20 hours per week when school is in session and 40 hours during breaks and holidays.
Economic Hardship is normally approved for one year.
Employment authorization is terminated if you do not maintain F-1 student status.

Change of Status

A change of status is a change in a person’s primary reason for being in the United States. To change a status, a person may leave the U.S.A., travel back to their home country and apply for a new visa at a U.S. Consulate and re-enter this country. If a student chooses to remain in the United States and change their status, approval from USCIS is required.

Effective April 2002 a change of status from B-1 to F-1 will not be granted unless applicant has stamp on visa indicating "Prospective Student"
An applicant for change of nonimmigrant status to F-1 may start attending school before the application has been approved. However, no F-1 benefits are available, including any kind of employment, until the student receives notice from USCIS that his or her request for change of status has been approved.
When one F-1 student is married to another F-1 student, it is possible for one to become dependent on the other’s status. Such a change of status from F-1 to F-2 requires the change of status procedure.

To apply for a change of status the student must submit a letter of explanation to the ISS office stating the following:

Why he or she wants to change status to F-1
That he or she did not have a pre-conceived intention to study in the United States
A statement that he or she is currently pursuing or is intending to pursue a full course of study
Complete and sign Form I-539
Financial Support documents. Documents possessing sufficient funds for the period he or she intends to remain in the United States in student status.
Detailed statements from his or her sponsor explaining their reason for offering the financial support. In addition, he or she must submit evidence (tax returns) from last 3 or 4 months to show the sponsor is able to fulfill their offer.
Evidence establishing that they have a residence abroad to which they intend to return (house deeds, etc).
A statement from the ISS office indicating the date the school was first contacted and the date the student filed the application for admission to the school.
Submit a statement from the school confirming that all tuition obligations have been paid in full Records Office - Zero Balance).
A check to the order of "Department of Homeland Security" in the amount of $195.00.
All I-20’s
Copies of his or her valid passport, current visa and Form I-94.
Current registration copy
A description of courses he or she has registered for.

Additional Information

Links to federal and state agency Web sites: