DINSE / KNAPP / McANDREW What Campus Administrators Should Know About International Students and Scholars Presented by: Leigh Cole, Esq. 1

DINSE / KNAPP / McANDREW What You Should Know Definitions Alien Illegal Alien U.S. Citizen Naturalization 2

DINSE / KNAPP / McANDREW Definitions, cont. Nonimmigrant Immigrant Immigration Status 3

DINSE / KNAPP / McANDREW Definitions, cont. Immigration Status Visa SEVIS 4

DINSE / KNAPP / McANDREW Government Agencies U.S. Department of Homeland Security USCIS CBP Border Patrol ICE SEVP (SEVIS) 5

DINSE / KNAPP / McANDREW Agencies, cont. U.S. Department of State (State Department) 6

DINSE / KNAPP / McANDREW Purposes Protect U.S. workers Domestic Security Protect international workers, students and scholars in the United States 7

DINSE / KNAPP / McANDREW Types of Immigration Family-based Employment-based International Students and Scholars 8

DINSE / KNAPP / McANDREW Employment-Based Employer sponsorship required in most cases Petition to USCIS required in most cases 9

DINSE / KNAPP / McANDREW 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 10

DINSE / KNAPP / McANDREW Employment-Based TN under NAFTA Citizens of Canada and Mexico Professions listed in NAFTA 11

DINSE / KNAPP / McANDREW Employment-Based O-1 Extraordinary Ability High standard Risen to the top of the field 12

DINSE / KNAPP / McANDREW Permanent Residency Green Card (cards aren’t green) Live and work in the United States indefinitely 13

DINSE / KNAPP / McANDREW Permanent Residency Labor certification usually required Test of the labor market Special Recruitment Labor Certification for College & University Teachers 14

DINSE / KNAPP / McANDREW Permanent Residency Exceptions to Labor Certification: Outstanding Researchers/Professors Extraordinary Ability National Interest 15

DINSE / KNAPP / McANDREW Students & Scholars Institution is approved as sponsor F-1 international students (full time) J-1 students and scholars M-1 vocational schools 16

DINSE / KNAPP / McANDREW Students & Scholars, cont. F-1 status requires a full course of study J-1 status can be for a variety of activities including employment 17

DINSE / KNAPP / McANDREW Categories for J-1 sponsorship: TraineeSpecialist InternStudent Short Term ScholarProfessor Summer Work TravelTeacher Research ScholarAu Pair Camp Counselor 18

DINSE / KNAPP / McANDREW Students & Scholars, cont. 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 19

DINSE / KNAPP / McANDREW Students & Scholars, cont. Staff on campus are responsible for legal compliance F-1: Designated School Official (DSO) J-1: Responsible Officer (RO) 20

DINSE / KNAPP / McANDREW Students & Scholars, cont. 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 21

DINSE / KNAPP / McANDREW Students & Scholars, cont. 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) 22

DINSE / KNAPP / McANDREW Students & Scholars, cont. SEVIS database Activate and monitor immigration status Produce I-20s and DS-2019s Terminate immigration status 23

DINSE / KNAPP / McANDREW 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 24

DINSE / KNAPP / McANDREW International Students F-1 status Full course of study required On campus employment allowed - 20 hours per week during academic terms - full time during breaks Off campus work must be authorized by DSO 25

DINSE / KNAPP / McANDREW International Students 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 26

DINSE / KNAPP / McANDREW International Students 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 27

DINSE / KNAPP / McANDREW J-1 Exchange Visitors 212(e)Two Year Home Residency Requirement Government Funding Skills List for home country All foreign medical graduates in training 28

DINSE / KNAPP / McANDREW DREAM ACT Federal law doesn’t prohibit enrolling students with no lawful status Some states have laws Graduates don’t have work authorization 29

DINSE / KNAPP / McANDREW DACA Deferred Action for Childhood Arrivals (DACA) Started in June 2012 Must be under age 31 as of June 15,

DINSE / KNAPP / McANDREW DACA cont. DACA eligibility: Under age 31 Arrived in the U.S. before age 16 Continuous residence in U.S. In school, graduated, GED or veteran No serious criminal record 31

DINSE / KNAPP / McANDREW DACA cont. CACA benefits: Lawful presence and work authorization Renewable every 2 years indefinitely 32

DINSE / KNAPP / McANDREW Campus Services Best Practices What to do in-house? Students & Scholars Employment-based 33

DINSE / KNAPP / McANDREW Campus Services Integration Students & Scholars: InternationalRegistrar DeanAdmissions 34

DINSE / KNAPP / McANDREW Campus Services Integration Employment-based: Human Resources and I-9 Recruiting 35

DINSE / KNAPP / McANDREW Protocols Campus protocols for government visits FERPA Response to audits and compliance checks H-1B I-9 36

DINSE / KNAPP / McANDREW Protocols National Origin Discrimination Adopt policies Apply them consistently 37

DINSE / KNAPP / McANDREW Questions? 38

DINSE / KNAPP / McANDREW Thank you! Leigh Cole 39