MSU as an International University:Legal Issues and Welcoming Students and Scholars to our Campus Office for International Students and Scholars Peter Briggs, Director Rosemary Max, Assistant Director October 11, 2004

Goals for Today Present overview of immigration and other issues facing international students and scholars Prepare departments for their role in hosting international visitors Allow 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 Programs More than 3,200 international students More 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 residents They need a visa to be able to enter To maintain their legal status while here, they must comply with immigration laws Heightened regulations after 9/11

What is a Visa? It is a stamp in the passport that a U.S. Consular Officer has placed there It 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 Visas Immigrant visa presumes intent to remain in U.S. permanently Non-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 it Section 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 pleasure F-1 Student J-1 Exchange visitor H-1B Temporary worker O Extraordinary ability TNTrade NAFTA

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

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

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

O Visa Workers of extraordinary ability Must demonstrate sustained international acclaim in science, art, education, business, athletics or TV/motion pictures

TN Status Trade NAFTA Canadian Professionals Business Visitors Professionals Intra-company Transferees Traders and Investors

Visa Issuance and Security Clearance NIV applicant must demonstrate non- immigrant intent NIV applicant must demonstrate sufficient financial resources Depending 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 or all applicants from DOS list of state sponsors of terrorism: Cuba, Iran, Iraq, Libya, N. Korea, Sudan and Syria Visas 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 System Department 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 status All 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 address Visa type, education level, major, school name Cost of education at MSU and corresponding funding source Program Start Date, Program End Date For J students and Scholars there is an additional required item describing their position in their home country Similar 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 over We 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 be Student is full time each semester or authorized by OISS to be less than full time Changes to US address, Foreign address, name, major, level, financials and any dependent information Early 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 time Full 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/assistantship For 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 issues Students 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 registrar If 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 over OISS 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 system There are different payment options A third party can also pay Check OISS Web site under “SEVIS Fee Info”

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

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

MSU’s Response OISS adjusted to an environment of compliance OISS developed and expanded welcoming and friendship programs both on campus and in community Orientation programming International Coffee Hour Essay Contest VIP reception CVIP programs From 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