| Immigration Information for International Students and Scholars |
Immigration Information for International Students and Scholars (The following is an overview of issues you should be aware of regarding your obligations as a U.S. visa holder. This information should not be seen as individual legal advice. Immigration laws are highly complex and technical; any legal issues should be reviewed with your international student advisor or a qualified immigration attorney.) Immigration IssuesLike all countries of the world, the United States has laws and regulations governing foreigners living temporarily within its boundaries. These regulations may sometimes seem confusing. Your school’s international student advisor will help you understand these regulations, fulfill your legal obligations and maintain legal “nonimmigrant” (temporary resident) status while in the U.S. Be aware that failure to maintain legal nonimmigrant status will have serious and unfavorable consequences. The following is a summary of essential responsibilities that you, as a nonimmigrant student, scholar or exchange visitor, are responsible for carrying out with respect to U.S. immigration law and regulations. Note that rules and regulations are subject to change and it is your responsibility to keep abreast of any changes that do occur. Make sure to heed updates posted by your international student advisor.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) was signed into law by President Clinton on September 30, 1996. The law has little effect on international students and scholars who have maintained legal status in the U.S. However, there are serious consequences for nonimmigrants who violate immigration rules even in minor ways, particularly for those who stay in the U.S. beyond the authorized period of stay. These consequences include being barred from entering the United States for up to 10 years. Your international student advisor is an important source of information and guidance during your academic career in the U.S. Remember, immigration rules and regulations are complex and change frequently — consult with your international student advisor on a regular basis and whenever you have any questions. Adjudication of U.S. immigration laws and regulations is the responsibility of United States Citizenship and Immigration Services (USCIS). USCIS is a part of the U.S. Department of Homeland Security (DHS); its headquarters are located in Washington, D.C. For administrative purposes, USCIS has a number of bureaus and regional and district offices. The address of the USCIS district office that has jurisdiction over New York City’s boroughs and neighboring northern counties of New York State is: Don’t make a trip to USCIS without first consulting your school’s international student office. Personal visits to USCIS (which involve standing in long lines!) are rarely necessary as most USCIS applications are handled by mail. Basic Travel DocumentsIf you plan to travel outside the United States, you should consult with your international student advisor first in order to make sure your travel documents are valid and in order. (Reminder: Make photocopies of all your travel documents and keep them in a safe place!) You will need to carry the following documents in order to exit and re-enter the United States. When you arrive at your U.S. “port of entry,” the Immigration inspector will examine these travel documents and determine whether you can be admitted into the U.S.:
PassportYou should keep your passport valid for a minimum of six months into the future. Consult your country’s consulate or embassy in the U.S. to renew your passport well in advance of the expiration date. Consulate officials will tell you what forms and fees, if any, are required for renewal. If you are required to supply a letter affirming that you are a matriculated, full-time student, you can request such a letter from your campus registrar’s office. Certificate of Eligibility (Form I-20 or DS-2019)This basic travel document is issued by the academic institution which you will attend. The I-20 or DS-2019 form describes (1) your school’s name, your degree program and your field of study, (2) your program’s start date and your expected date of completion, and (3) the means by which you will finance your U.S. study. This document also establishes your eligibility for such things as employment benefits and re-entry permission after travel abroad. If you change your degree program or field of study, you must apply to your international student advisor for a new Certificate of Eligibility. If you wish to transfer to a new school, you must instruct your current international student advisor to release your Immigration record to your new school and then obtain a Certificate of Eligibility from the new school. All I-20 and DS-2019 forms are now created in a U.S. Department of Homeland Security database called the Student and Exchange Visitor Information System (SEVIS). Your school has entered your biographical information as well as information about your academic program and financial resources into SEVIS and continuously updates your record to account for any changes, semester enrollments and special authorizations, including employment authorizations. Your I-20 or DS-2019 form contains a unique SEVIS number (starting with N and found in the upper right corner) that stays the same as long as you maintain continuously valid F-1 or J-1 immigration status. You need to keep your copy of the I-20 or DS-2019 form in a safe place with your passport and I-94 card. If you travel outside the U.S., your international student advisor must sign the back of your I-20 or DS-2019 form before you leave to certify that you are enrolled and otherwise eligible for re-entry in the same status. Be sure to pack your I-20 or DS-2019 form in your carry-on bag when you leave the country. VisaA visa stamp, placed inside your passport by the U.S. consul abroad, is needed to enter the U.S. Your visa shows the latest date on which you can apply to enter this country and indicates the kind of visa you have (usually F-1 or J-1 for students or scholars). Should you need to renew your visa in order to re-enter the U.S. you will need to visit the U.S. consulate in your home country or in another country to which you are traveling. If you are not a resident of the country to which you are traveling, first check with the country’s U.S. consulate to make sure that they will accept your visa for processing. Note: If you are traveling to a country other than your home country, you may need an entry visa for that country. Contact that country’s embassy or consulate for information. It is not possible to renew an F-1 or J-1 visa while you are within the borders of the U.S. (Note: Don’t worry if your visa expires while you are in the U.S., as long as your passport and certificate of eligibility are still valid.) Visit your international student advisor well before you leave the U.S. to make certain your travel documents are in order. Form I-94The I-94 card, issued to you upon arrival, shows that you have been lawfully admitted to the U.S. and is usually stapled onto the U.S. visa page of your passport. It contains an eleven-digit identifying number, called your admission number, used by the U.S. Department of Homeland Security to keep track of your arrival and departure from the U.S. The I-94 card is usually collected each time you depart from the U.S. and a new one is issued upon re-entry, except in cases of trips of thirty days or less to Canada, Mexico or the Caribbean. I-94 cards issued to F-1 and J-1 visa holders usually do not indicate an expiration date. Rather, student I-94 cards simply indicate that the bearer may remain in the U.S. for the “Duration of Status” (D/S). This means that a student is authorized to remain in the U.S. while pursuing the program of study described on his or her current I-20 or DS-2019 form. Students with I-94 cards marked “D/S” need to obtain extensions only when their I-20 or DS-2019 form expires. Such extensions need to be authorized by your academic advisor and processed by your international student advisor well before your current expiration date. However, if you have an I-94 card with a specific expiration date, you must either leave the U.S. before the expiration date or apply to USCIS for an extension of stay before the card expires. Procedures for extending your stay vary according to visa type. Consult your international student advisor for specific instructions. Proof of Financial SupportProof of financial support for your studies can be (1) a letter from a bank indicating the current balance in your bank account or that of your sponsor, as well as the average balance in the account during the previous year, (2) a completed affidavit of support (USCIS Form I-134) from your sponsor, including a notarized copy of his/her most recent federal income tax return, or (3) a letter from a sponsoring agency outlining details of their financial award to you. If you are receiving any university funding, you should carry a letter outlining this support. Also, if you have an on-campus job, you should carry a letter from your employer stating the period of employment, your weekly hours (20 or less during the academic year) and your rate of pay. Taxes and Social Security NumbersAll international students and scholars must comply with federal, state and local U.S. tax laws. This means that you must file tax forms every year whether or not you have earned any money in the U.S. Federal and state tax forms and instructions for filing can be obtained from your international student office on campus or directly from the Internal Revenue Service (IRS) and state tax offices. In the United States, there are three types of income tax: federal, state and Social Security/Medicare (also called “FICA”–Federal Insurance Contribution Act). These three taxes are also referred to as “withholdings” because at each pay period, a certain amount of tax is withheld from workers’ paychecks for tax purposes. International students are usually exempt from FICA or Social Security/Medicare withholdings during their first five years in the U.S., but after this period most are required to begin paying into the Social Security system. If you are exempt from FICA, you should make sure that your employer does not withhold Social Security/Medicare (FICA) tax from your pay or stipend checks. Social Security Number and Individual Taxpayer Identification Number (ITIN)If you are employed in the U.S. or receive a stipend from your school, you are required to have a Social Security number. The number is required for IRS reporting purposes. Your international student advisor can assist you in obtaining a Social Security number. Students who are ineligible for a Social Security number may be required to obtain an IRS Individual Taxpayer Identification Number (ITIN). The ITIN is a nine-digit number issued by the IRS for tax filing use only. Your international student advisor can assist you in filing for an ITIN. IRS Information (800) 829-1040 |
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