Getting Your International Students to Berkeley

1
International Student Advising
A Primer for Campus Staff
Berkeley International Office
2
Outcomes

• To understand international students reporting
  and compliance responsibilities
• To see the connection between federal regulations
  and BIO forms
• To understand the role of academic units and BIO
  in helping students maintain status

3
Todays Agenda

• Who are international students?
• How does BIO serve international students
• Intro to F-1 Regulations
• International Student Advising Scenarios

4
Who are Berkeleys International Students?
5
Students with International Student Visa Status

• F-1 Students(Department of Homeland
  Securtiy)

• J-1 Students(Department of State)

• Primary objective full-time study
• Intent to return home
• Sponsored by UCB based on admission to a degree
  program
• Required to show at least one year of funding
• No restrictions on funding sources

• Primary objective full-time study
• Intent to return home
• Sponsored by UCB based on degree/exchange program
• Required to show funding for length of program
• 51 or more of funding must come from external
  source (not personal or family funding)
• Example Fulbright, Home government scholarship,
  Berkeley

6

• Sample F-1 I-20

• Sample J-1 DS-2019

7
International Students on Non-Student Visas

• H-4 dependents of H1-B
• H1-B workers engaged in incidental study
• E-2 dependents of E2 investors
• A-2 - dependents of embassy officials
• J-2 dependents of J-1 Exchange Visitors
• TD dependents of TN NAFTA Treaty workers
• L2 dependents of L1 intracompany transfers
• Not authorized for full-time study
• F-2 - dependents of F-1
• B1/B2 tourists

8
Total International Student Growth
9
BERKELEY INTERNATIONAL OFFICE SERVICES FOR
INTERNATIONAL STUDENTS
10
BIO Services for All International Students

• Fall and Spring Orientations Check Ins
• Group Advising
• Fall 2009 workshops Intro to Culture Shock
  Money Matters Scholastic Bear Surviving
  Graduate School My American Work Experience
  Finding an Internship Travel Re-entry and The
  Well-Rounded Bear.
• Personal Advising (Drop Ins Appointments)
• Academic personal adjustment, financial aid,
  visa related matters

11
BIO Services for F-1 J-1 Students

• BIOs responsibilities
• Provide F-1 J-1 immigration visa related
  advice and guidance
• Comply with federal reporting monitoring
  requirements through the Student Exchange
  Visitor Information System (SEVIS)
• Issue F-1 I-20s and J-1 DS-2019s

12
Code of Federal Regulations

• Title 8 of CFR deals with Aliens Nationality
• Section 214 addresses Nonimmigrant classes
• Some regulations are vague, some black white
• DHS Designated School Officials (DSO) must
• Establish best practices
• Be consistent in application
• Keep documentation

13
SEVIS
DSO Designated School Official
14
International Student Advising Primer
15
Maintaining Status

• Register Full Time Every Semester
• Reduced Course Load Authorization
• Keep I-20 valid
• Follow Employment Rules

16
Registration Full Time Enrollment

• Students Responsibility
• Register each semester
• At least 1 unit
• No blocks
• Fees paid or deferred payment
• Enroll full time each semester
• Report any changes in address within 10 days of
  moving

• BIOs Responsibility
• 214.3(g)(2)(iii) Within 30 days of
• the beginning of each semester
• report the following in SEVIS
• 214.3(g)(2)(iii)(A) Whether the student has
  enrolled at the school, dropped below a full
  course of study without prior authorization by
  the DSO, or failed to enroll
• 214.3(g)(2)(iii)(B) The current address of each
  enrolled student and
• 214.3(g)(2)(iii)(C) The start date of the
  student's next session, term, semester,
  trimester, or quarter.

17
RCL Form
214.2(f)(6)(iii) Reduced course load The
designated school official may allow an F-1
student to engage in less than a full course of
study as provided in this paragraph (f)(6)(iii).
214.2(f)(6)(iii)(A) Academic Difficulties
Initial difficulty with English language or
reading requirements, unfamiliarity with U.S.
teaching methods, improper Course Placement 1
reduced Course Load per degree level
214.2(f)(6)(iii)(B) Medical Conditions 12
months in total, based on recommendation of M.D.,
D.O., or licensed clinical psychologist
18
Program Extension

• 214.2(f)(7)(i) General An F-1 student who is
  currently maintaining status and making normal
  progress toward completing his or her educational
  objective, but who is unable to complete his or
  her course of study by the program end date on
  the Form I-20, must apply prior to the program
  end date for a program extension pursuant to
  paragraph (f)(7)(iii) of this section.
• 214.2(f)(7)(iii) Program extension for students
  in lawful status An F-1 student who is unable to
  meet the program completion date on the Form I-20
  may be granted an extension by the DSO if the DSO
  certifies that the student has continually
  maintained status and that the delays are caused
  by compelling academic or medical reasons, such
  as changes of major or research topics,
  unexpected research problems, or documented
  illnesses.

• Must apply before program end date on I-20 for an
  extension
• Student must currently be in status
• Delays are caused by compelling academic or
  medical reasons

19
Extension

• New program completion date

• Also used for Grad students who change their
  educational level

• 214.2(f)(7)(iii) outlines acceptable reasons for
  program extensions

20
On Campus Employment

• 214.2(f)(9)(i) On-campus employment . On-campus
  employment must either be performed on the
  school's premises, (including on-location
  commercial firms which provide services for
  students on campus, such as the school bookstore
  or cafeteria), or at an off-campus location which
  is educationally affiliated with the
  school.Employment authorized under this
  paragraph must not exceed 20 hours a week while
  school is in session. An F-1 student may,
  however, work on campus full-time when school is
  not in session or during the annual vacation.an
  F-1 student may not engage in on-campus
  employment after completing a course of study,
  except employment for practical training as
  authorized under paragraph (f)(10) of this
  section.Upon initial entry to begin a new course
  of study, an F-1 student may not begin on-campus
  employment more than 30 days prior to the actual
  start of classes.

• Performed on schools premises or off-campus
  educational affiliated location
• 20 hours per week during school
• Full time when school isnt in session
• Ineligible after completing program
• Cannot begin employment more than 30 days before
  school begins

J-1 students require written employment
authorization in advance
21
Practical Training (OPT CPT)

• 214.2(f)(10)
• (10) Practical training . Practical training may
  be authorized to an F-1 student who has been
  lawfully enrolled on a full time basis, in a
  Service-approved college, university,
  conservatory, or seminary for one full academic
  year. . A student may be authorized 12 months of
  practical training, and becomes eligible for
  another 12 months of practical training when he
  or she changes to a higher educational level.
  An eligible student may request employment
  authorization for practical training in a
  position that is directly related to his or her
  major area of study.

• Must be in F-1 status for one academic year
• Up to 12 months of training per consecutive
  degree level
• Training must be directly related to field of
  study
• For J-1 students, practical training is Academic
  Training

22
OPT
214.2(f)(11)(i) (i) Student responsibilities. A
student must initiate the OPT application process
by requesting a recommendation for OPT from his
or her DSO.
Student can access BIOs OPT online tutorial for
step-by-step instructions
23
OPT Students Section
214.2(f)(11)(i)(D) (D) Start of employment. A
student may not request a start date that is more
than 60 days after the student's program end
date.
214.2(f)(11)(ii)(A) (A) Prior to making a
recommendation, the DSO must ensure that the
student is eligible for the given type and period
of OPT that the student is aware of his or her
responsibilities for maintaining status while on
OPT..
24
OPT Request Academic Recommendation

• 214.2(f)(11)(i)(B)(2) the student must properly
  file his or her Form I-765 up to 90 days prior to
  his or her program end-date and no later than 60
  days after his or her program end-date.

214.2(f)(10)(ii)(A)(3) (3) After completion of
the course of study, or, for a student in a
bachelor's, master's, or doctoral degree program,
after completion of all course requirements for
the degree (excluding thesis or equivalent).
25
OPT Reporting
214.2(f)(10)(ii)(E) (E) Periods of unemployment
during post-completion OPT. During
post-completion OPT, F-1 status is dependent upon
employment. Students may not accrue an aggregate
of more than 90 days of unemployment during any
post-completion OPT carried out under the initial
post-completion OPT authorization.
214.2(f)(12)(ii)(A) (A) Within 10 days of the
change, the student must report to the student's
DSO a change of legal name, residential or
mailing address, employer name, employer address,
and/or loss of employment.
26
Advising Scenarios
27
Full Time Enrollment UG

• Stumbling Block - An undergrad student in his
  first semester is having a hard time adjusting to
  the academic rigor at UC Berkeley and the
  difference in classroom culture. He wants to
  withdraw from school and remain in the US until
  next semester.
• Dilemma International students must be full
  time every semester or be authorized for a
  reduced course load.

28
Full Time Enrollment UG - Solution

• Reduced Course Load
• Obtain authorization based on academic difficulty
• Complete the semester and transfer out to another
  institution to do some remedial work or earn
  units that are transferable.
• Withdraw
• Must leave the US within 15 days of withdrawing
• Talk to his College advisor about readmission
• Request an I-20 from BIO apply for a new visa
  stamp and re-enter the US.

29
Withdrawal Grad

• Stumbling Block A PhD student who has advanced
  to candidacy and is within normative time needs
  to leave the US for one year to do research on
  her dissertation.
• Dilemma - The student doesnt have funding from
  her department to cover the cost of tuition and
  fees for the year she is gone. If she is not
  registered, she will lose her visa status.

30
Withdrawal Grad - Solution

• Apply for In Absentia Registration
• Student will enroll in 12 units
• Tuition fees reduced NRT covered by normative
  time fellowship
• Student could apply for a health insurance waiver
  
• BIO will register student in SEVIS
• Students maintains time in status towards OPT
• Withdraw from school to avoid fees
• Student must leave the US within 15 days of
  withdrawal
• Request a new I-20 from BIO after readmission
• Eligible for OPT and CPT after 2 semesters of
  full time enrollment

31
Withdrawal UG

• Stumbling Block An undergraduate student has
  only one semester left and wants to save money by
  taking his final courses through UC Berkeley
  Extension or a community college.
• Dilemma Student will not be eligible for OPT if
  his I-20 is not at the degree-granting
  institution in the semester that he graduates.
  UC Berkeley Extension is considered a different
  institution by DHS.

32
Withdrawal UG - Solutions

• Is the student interested in working after
  graduation? If not, the student request BIO to
  transfer his I-20 and abandon his opportunity for
  OPT.
• If the student wants OPT, he could complete his
  coursework in the summer, or apply for a reduced
  course load to take less units in the fall
  semester.

33
OPT Scenario

• Stumbling Block An F-1 student recently
  graduated and secured a one year post-doc with
  her department to begin on her OPT start date
  January 1, 2010. Due to budget cuts, the position
  was unexpectedly eliminated. The department
  still wants to hire her but will not have funding
  until March 15, 2010.
• Dilemma - Immigration regulations prohibit F-1
  students from being unemployed for more than 90
  days of their 12 month OPT. Regulations require
  students to report their employment and any
  changes in employment to BIO.

34
OPT Solution

• F-1 students can satisfy the employment
  requirement by engaging in a practical experience
  related to their field of study for 20 hours per
  week on average. Pay is not required. The
  student must report their employment on BIOs
  employment reporting website.
• The student can look for a new job

35
questions?