MSU as an International University:Legal Issues and Welcoming Students and Scholars to our CampusOffice for International Students and ScholarsPeter Briggs, DirectorRosemary Max, Assistant DirectorOctober 11, 2004

Goals for Today

Present overview of immigration and other issues facing international students and scholarsPrepare departments for their role in hosting international visitorsAllow time for open discussion

MSU as an International University

One of the largest study abroad programs in the U.S.First U.S. university to create the position of Dean of International Studies and ProgramsMore than 3,200 international studentsMore than 1,200 international scholars doing research or teaching

What Defines an International?

They are legally guests in the U.S.They do not have the same rights as U.S. citizens or permanent residentsThey need a visa to be able to enterTo maintain their legal status while here, they must comply with immigration lawsHeightened regulations after 9/11

What is a Visa?

It is a stamp in the passport that a U.S. Consular Officer has placed thereIt allows a non-immigrant to request entry to the U.S.Like a ticket to a movie: you really only need a visa when outside and requesting entry. The visa stamp can expire while you are in the US.

Types of VisasImmigrant visa presumes intent to remain in U.S. permanentlyNon-immigrant visa presumes intent is temporary to accomplish a purpose of study, tourism, work, etc.Non-immigrants must demonstrate they have a residence abroad and that they intend to return to itSection 214(b) of INA presumes immigrant intent of all non-immigrant visa applicants

Common non-immigrant visas

B-1/B-2 Visitor for business or pleasureF-1 Student J-1 Exchange visitor H-1B Temporary workerO Extraordinary abilityTN Trade NAFTA

F Visa

Students in full time degree programsESL students must be full time in non-degree programsRequires MSU to issue form I-20Dependents hold F-2 status and cannot work. They can only study in programs that are avocational or recreational

J Visa

Purpose is cultural exchangeDepartment of State administers programRequires MSU to issue form DS-2019Many categories of the J visa, but MSU only uses students, professor/research scholars and short term scholarsThree year maximum for research scholars is proposed to change to five years

H Visa

Temporary workersH-1B is for specialty occupationsOther H visas include DOD research projects, fashion models, registered nurses, seasonal agricultural workers, non-agricultural seasonal workers and specialized training programsAnnual cap of 65,000 does not apply to higher education

O Visa

Workers of extraordinary abilityMust demonstrate sustained international acclaim in science, art, education, business, athletics or TV/motion pictures

TN Status

Trade NAFTACanadian Professionals

Business Visitors Professionals Intra-company Transferees Traders and Investors

Visa Issuance and Security Clearance

NIV applicant must demonstrate non-immigrant intentNIV applicant must demonstrate sufficient financial resourcesDepending on name and subject field, additional security clearances might be required. The Consul submits information to DHS in Washington, D.C.Length of time for a security clearance varies, but no advocacy is possible before thirty days

Might This Applicant Cause Harm to the U.S.?

All names are checked against a worldwide terrorist watch list: Consular Lookout and Support System (CLASS)Visas Condor checks names; mostly Muslim males between ages 16-45 or all applicants from DOS list of state sponsors of terrorism: Cuba, Iran, Iraq, Libya, N. Korea, Sudan and SyriaVisas Mantis checks subject field against the Critical Fields and Technologies of the Technology Alert List (TAL)Check National Crime Information Center

What is SEVIS?

Student and Exchange Visitor Information SystemDepartment of Homeland Security Database that does two things 1) produces forms (I-20s and DS-2019) for F and J visa holders 2) and collects information. MSU is required to report information to SEVIS on all F and J visa holders

Who is affected by SEVIS?

All F visa holders. At MSU the vast majority of international students are on F-1 visas. This also includes their dependents in F-2 statusAll J visa holders. At MSU the vast majority of international scholars are on J-1 visas. A small amount of students are on J-1 visas. This also includes their J-2 dependents.Other visa types such as H, B, L, TN, etc are not covered by SEVIS

Basic data SEVIS does/does not Require

Name, DOB, Country of Citizenship, Country of Birth, Country of Residence, Foreign address, US addressVisa type, education level, major, school nameCost of education at MSU and corresponding funding sourceProgram Start Date, Program End DateFor J students and Scholars there is an additional required item describing their position in their home countrySimilar information on dependents.Sevis does not require phone number, GPA, health information other than “medical term off”

What is OISS required to report to SEVIS--J-1 Scholars

For J-1 scholars: that the scholar has checked in with us and activated his/her record; and checked out with us when the program is overWe also report changes in US address, name, or any dependent information

What OISS is required to report to SEVIS for F/J students

Student is registered each semester or authorized by OISS not to beStudent is full time each semester or authorized by OISS to be less than full timeChanges to US address, Foreign address, name, major, level, financials and any dependent informationEarly withdrawal, employment authorization information, any disciplinary action that the university takes as a result of a criminal conviction.

Biggest issue for students—full time registration

Make sure they are registered and full timeFull time for graduate students: 9 credits for Master’s w/o assistantship, 6 credits w/ assistantship. 6 credits for PhD w/o assistantship, 3 w/assistantshipFor PhD students passed all comps and considered ABD, 1 credit is full time. Please make sure the registrar is informed about ABD students so they are marked full time in SIS

Other SEVIS issuesStudents do have options to be less than full time. 2 semesters for medical reasons, in their last semester, and one other time.“SEVIS terminations” occur for various reasons some that will affect the status of students others will not. For example, if someone is processing an H visa or adjusting to permanent residency, we terminate. If student is present in the US and does not register full time we terminate record and the student is out of status.

Key things for departments to remember

Report ABD PhDs to registrarIf you deal with J-1 scholars they must check in (1-3pm) with our office as soon as they arrive and they must check out when their program is overOISS will call when we are looking for information on students and scholars. Your help is much appreciated.

New SEVIS Fee

Effective 1 September, a $100 fee is now being collected before VISA issuance by DHS. This will finance the SEVIS systemThere are different payment optionsA third party can also payCheck OISS Web site under “SEVIS Fee Info”

Hosting J-1 Scholars

Departments have more responsibility under SEVIS Scholar must check in with OISSScholar must check out with OISSDepartments will be contacted about scholars who have not arrived in the US by their program start dateMore information on OISS web site under Hosting a J-1 Scholar

New Social Security Rules

Effective October 13th, the Social Security Administration will only issue SSNs to students and scholars who have job offers in handPreviously an SSN could be obtained without such an offerOISS is working on a form letter that will require employing department’s signature

MSU’s ResponseOISS adjusted to an environment of complianceOISS developed and expanded welcoming and friendship programs both on campus and in communityOrientation programmingInternational Coffee HourEssay ContestVIP receptionCVIP programsFrom FS03-FS04,nearly $144,000 given out in emergency tuition aid to international students. $93,000 to grad. students

Everyone is part of an international university

Open discussion