International students, be aware not to go “out of status”

One of the frequently overlooked responsibilities of international students is maintaining well their non-immigration status. While you would not be ground for deportation right away when you go “out of status,” it would have negative consequences that include Form I-20 termination. Furthermore, students would not be able to change their visas to the H-1B work visa or permanent residency (green card).

Therefore, international students should be aware of the immigration regulation § 237(a)(1)(C)(i) and do their best to not go “out of status.” This blog post introduces three simple but important responsibilities for international students to keep their visa status valid.

By reading this blog, the student will be able to understand 3 responsibilities to keep themselves from going out of status as well as the consequences of going out of status.

Contents

• What to do not to go “out of status” 1. Update DSO
• What to do not to go “out of status” 2. Pursue a full course of study
• What to do not to go “out of status” 3. Make normal progress

What to do not to go “out of status” 1. Update DSO

As you can see below, 8 CFR 265.1 requires international students to inform their DSO (Designated School Officials, commonly International Student Advisors) within 10 days if there’s any change to the student’s name, address, and phone number.

Now how students should notify their DSOs can be varied by the college. Some universities would require students to complete a form or software. On the other hand, some might prefer email communication. Therefore, the best practice is to reach out to your International Student Advisor and ask what the process is to update the name, address, or phone number.

Once the DSO receives the information, he or she will update your SEVIS records.

A student enrolled at a SEVIS school can satisfy the requirement in 8 CFR 265.1 of notifying the Service by providing a notice of a change of address within 10 days to the DSO.

8 CFR 214.2(F)(17)

What to do not to go “out of status” 2. Pursue a full course of study

If you are interested in pursuing a bachelor’s degree in the United States, you may be heard that you should take at least 12 credits per semester. This is to satisfy the second requirement which mandates international students to take a full course of study.

Unless your Reduced Course Load request is approved, all undergraduate international students should take 12 credits (To learn more about the Reduced Course Load, click the related blog post below). This applies to graduate students as well. Usually, 9 credits are considered as a full course of study for graduate students but institutional policies might vary.

Related blog post: Can’t take full course load? Apply for the Reduced Course Load!

In addition, graduate students might receive credits while working as a Graduate Assistant, Teaching Assistant, Resident Assistant, or Research Assistant. Thus, students beyond the Master’s level should check with the international office to ensure that they are taking a full course of study each semester.

Undergraduate study at a college or university, certified by a school official to consist of at least 12 semester or quarter hours of instruction per academic term in those institutions using standard semester, trimester, or quarter hour systems

8 CFR 214.2(F)(6)(I)(B)

Many international students are interested in learning how many online courses that they can register for each semester. Students can take as many online classes as they desire and the college approves but only one class or three credits will be calculated toward the full course of study requirement.

For example, if an undergraduate international student is enrolled in 6 in-person courses and 6 online courses, he or she is not meeting the full course of study requirement because only 3 online credits will be counted which make up a total of 9 credits. In this scenario, the student should add one more in-person course to not go “out of status.”

For F-1 students enrolled in classes for credit or classroom hours, no more than the equivalent of one class or three credits per session, term, semester, trimester, or quarter may be counted toward the full course of study requirement

8 CFR 214.2(F)(6)(I)(G)

If the student doesn’t meet the requirement even after DSO reminds the students of the requirement several times, the student’s I-20 will be terminated due to “Unauthorized Drop Below Full Course” and the student must leave the country.

What to do not to go “out of status” 3. Make normal progress

The last requirement is making normal progress toward the completion of a course of study. This requirement is simply saying that ‘you are here to study so make sure you put your efforts to graduate within the given time.’

When you look at Form I-20, you will find the program start date and program end date. The program end date indicates a possible graduation date. Thus, if it seems that you would not graduate on or before the program end date, you should communicate with your International Student Advisor well in advance to extend the program accordingly.

…The student is considered to be maintaining status if he or she is making normal progress toward completing a course of studies…

8 CFR 214.2(F)(5)(I)

What if an international student is put on academic probation (AP) due to poor academic performance? As probation works like a “red flag,” it doesn’t affect the student’s non immigration status right away. However, if the student disqualifies and thus expelled or suspended by the college or university, that’s when the student’s I-20 will be terminated with the reason of “Expulsion,” or “Suspension” whatever the reason might be.

In summary, international students should report to DSOs any changes to their names, addresses, and contact information within 10 days. Also, while school is in session, students should maintain a full course of study which is 12 credits for undergraduate students and 9 credits for graduate students. Last but not least, the student should make normal progress which means trying to graduate on time by not failing any courses. It is OK to fail one course but the student should try hard to not be on academic probation.

Form I-20s for disqualified, suspended, and expelled students will be terminated and the student will have to leave the country or transfer to different institutions if they would like to remain in the United States.

All other F-1 visa information can be found on the F-1 visa info page. If you are interested in having working experiences in the U.S, click CPT/OPT page or STEM OPT page.