What Campus Administrators Should Know About International Students and Scholars Presented by :

DINSE / KNAPP / McANDREW www.dinse.com1

What Campus Administrators Should Know About International Students and Scholars

Presented by:

Leigh Cole, Esq.


What You Should Know

DefinitionsAlienIllegal Alien

U.S. CitizenNaturalization


Definitions, cont.

Nonimmigrant

Immigrant

Immigration Status


Definitions, cont.

Immigration Status

Visa

SEVIS


Government Agencies

U.S. Department of Homeland Security

USCISCBPBorder PatrolICESEVP (SEVIS)


Agencies, cont.

U.S. Department of State (State Department)


Purposes

Protect U.S. workers

Domestic Security

Protect international workers, students and scholars in the United States


Types of Immigration

Family-based

Employment-based

International Students and Scholars


Employment-Based

Employer sponsorship required in most cases

Petition to USCIS required in most cases


Employment-Based

H-1B Specialty Occupation Workers

Colleges & Universities exempt from Cap

Position require at least a bachelor’s degree or equivalent specific vocational preparation


Employment-Based

TN under NAFTA

Citizens of Canada and Mexico

Professions listed in NAFTA


Employment-Based

O-1 Extraordinary Ability

High standard

Risen to the top of the field


Permanent Residency

Green Card (cards aren’t green)

Live and work in the United States indefinitely


Permanent Residency

Labor certification usually required

Test of the labor market

Special Recruitment Labor Certification for College & University Teachers


Permanent Residency

Exceptions to Labor Certification:

Outstanding Researchers/Professors

Extraordinary Ability

National Interest


Students & Scholars

Institution is approved as sponsor

F-1 international students (full time)

J-1 students and scholars

M-1 vocational schools


Students & Scholars, cont.

F-1 status requires a full course of study

J-1 status can be for a variety of activities including employment


Categories for J-1 sponsorship:Trainee SpecialistIntern StudentShort Term Scholar ProfessorSummer Work Travel TeacherResearch Scholar Au PairCamp Counselor



Institution or sponsor issues immigration documentation direct to the student or scholar

I-20 for F-1 International Students

DS-2019 for J-1 Exchange Visitors



Staff on campus are responsible for legal compliance

F-1: Designated School Official (DSO)

J-1: Responsible Officer (RO)



DSOs and ROs generally work in the International Office on campus

Many don’t have ready access to legal support

NAFSA: Association of International Educators



Delegated authority from Department of Homeland Security to monitor international students & scholars

DSOs and ROs interact regularly with government representatives (DHS, ICE, SEVP, SEVIS, CBP, State Department)



SEVIS database

Activate and monitor immigration status

Produce I-20s and DS-2019s

Terminate immigration status


International Students

Project Campus Sentinel

ICE program to develop relationships with DSOs

In-person campus visits

Encouraging DSOs to communicate with ICE officers regarding campus activities



F-1 status

Full course of study requiredOn campus employment allowed

- 20 hours per week during academic terms- full time during breaks

Off campus work must be authorized by DSO



Curricular Practical Training (CPT) employment

“Integral” to a program of study Optional Practical Training (OPS) employment

During the degree or post-completion, for up to 12 months

STEM extension of 17 months - E-Verify employers only



Individuals in other status categories may study

Example: Dependents of professionals

Other students may or may not be counted in the campus international student population


J-1 Exchange Visitors

212(e) Two Year Home Residency Requirement

Government FundingSkills List for home countryAll foreign medical graduates in training


DREAM ACT

Federal law doesn’t prohibit enrolling students with no lawful status

Some states have laws

Graduates don’t have work authorization


DACA

Deferred Action for Childhood Arrivals (DACA)

Started in June 2012

Must be under age 31 as of June 15, 2012


DACA cont.

DACA eligibility:

Under age 31Arrived in the U.S. before age 16Continuous residence in U.S.In school, graduated, GED or veteranNo serious criminal record


DACA cont.

CACA benefits:

Lawful presence and work authorization

Renewable every 2 years indefinitely


Campus Services

Best Practices

What to do in-house?

Students & Scholars

Employment-based


Campus Services

Integration

Students & Scholars:

International RegistrarDean Admissions


Campus Services

Integration

Employment-based:

Human Resources and I-9

Recruiting


Protocols

Campus protocols for government visits

FERPA

Response to audits and compliance checks

H-1BI-9


Protocols

National Origin Discrimination

Adopt policies

Apply them consistently


Questions?


Thank you!

Leigh Cole

Documents

What Campus Administrators Should Know About International Students and Scholars Presented by :