Find here information on how to ensure you can stay in the U.S., plus information on Optional Practical Training (OPT) and Curricular Practical Training (CPT).
How to Maintain Your Status
REQUIRED REGULAR OPT & STEM OPT EMPLOYER & ADDRESS REPORTING
During your POST-completion OPT period (Including STEM OPT) ALL students on OPT are required by law to report their address and employment information to the OISS within 10 days of any change. Please fill out the appropriate reporting forms to update our office regarding your employment.
If you have not reported an employer within 90 days of the start date of your approved OPT, your F-1 status will be automatically TERMINATED in the SEVIS system and you will lose your F-1 status and OPT!
IMPORTANT REMINDERS
Employment must be directly related to your field of study and includes volunteer work and internships.
Total employment must equal at least 20 hours per week (you are allowed to have more than one job, as long as all of the jobs are related to your field of study)! Keep records of each employment.
Students on post-completion OPT may NOT accrue more than 90 days of unemployment during the 12-month period of OPT (indicated on the EAD card). These 90 days include weekends, and the time starts accruing the date your OPT starts.
You MUST report if you change your visa status (ex. H1B) or decide to leave the U.S. and not use your OPT. If you have not reported an employer and do not report your change in status or departure you will have a “failure to report employer” termination permanently on your immigration record!
RESPONSIBILITIES OF INTERNATONAL STUDENTS
As of August 1, 2003, all international students and scholars and their dependents (F and J visas) must be entered into SEVIS, a federally mandated monitoring and tracking system. The system is designed for students to keep the same SEVIS ID number throughout their studies in the U.S. The Office of International Students and Scholars will now be reporting biographical, academic, and immigration information on all our international students, scholars, and their dependents to the Immigration Service on a regular basis. Additionally, all immigration processes, such as transfers, extensions, practical training, change of program, extension of stay, etc. will now be done through SEVIS. Therefore, it is extremely important that you do not do anything to violate your status since the information will now be reported to the Immigration Service and your student status will be terminated immediately.
Note: Allow plenty of time for your immigration requests to be processed since every form and procedure will need to be submitted, approved, and returned by the SEVIS system.
With the implementation of SEVIS, it is now extremely important to maintain your non-immigrant status. Failure to remain in lawful immigration status can result in serious repercussions and possibly removal from the U.S. Students who violate their immigration status will either need to leave the country or apply for reinstatement (applying to regain your F-1 status) with the BCIS local office.
In order to maintain your immigration status you should:
- Be enrolled as a full-time student during the regular academic year for the duration of your studies. Undergraduates must be enrolled for at least 12 credits of course work each semester. Graduate students usually must carry 9-12 credits each semester or be working full-time on a thesis. A combination of thesis and course work is acceptable. Each graduate department has its own definition of full-time, so be sure to meet the approval of your particular department and the Dean’s office of your school. You cannot drop below full time without PRIOR approval from the Office of International Students and Scholars. Approval from an academic dean is not sufficient. There are very few circumstances in which you are permitted to drop below full-time. Failing a course is NOT a valid reason (you will have to take an F or Incomplete).
- Obtain extensions of your I-20 or DS-2019 when appropriate BEFORE the end date on your I-20 or DS-2019, and do not remain in the U.S beyond your authorized stay.
- Notify your current school if you will transfer programs or schools. To transfer, you must be accepted to the new school and must be eligible to transfer based on having maintained status at the current school.
- Inform the Office of International Students and Scholars of any change of visa information, extension of passport, or permission to stay in the U.S.
- Receive permission before working on or off campus. Do not begin work without prior authorization from either the Office of International Students and Scholars or the Immigration Service.
- Report your current local address to the Office of International Students and Scholars upon arrival to Boston College and any change of address in AGORA (be sure to enter the information under “local address”) within 10 days of the change. Note that with the implementation of SEVIS, you no longer have to fill out an AR-11 form for the Immigration Service.
- Inform the Office of International Students and Scholars of any plans to change academic status such as a leave of absence, change in graduation date, or withdrawal from the university BEFORE the change occurs.
- Report any dependents (Spouse or Children) to the Office of International Students and Scholars. The Office of International Students and Scholars must now keep biographical and immigration records on all dependents.
- Obey all State and Federal laws.
Note: As of January 1, 2003, reinstatements will NOT be offered to students out of status for more than five months and will require the Designated School Official to officially recommend reinstatement. In general, reinstatements will only be approved if the violation of status resulted from circumstances beyond the student’s control. It has become increasingly difficult to obtain reinstatements, and it can take many months to obtain approval.
Dependents must also report to the Office of International Students and Scholars with their immigration documents. F-2 and J-2 dependents now have their own immigration form. In addition, F-2 students are no longer allowed to study full-time and must apply for a change of status in order to become a full-time student. An F-2 child may only engage in full-time study if the study is in an elementary or secondary school (kindergarten through 12th grade). As of now, J-2 dependents can still study full-time, but we anticipate that this will change in the near future.
- File an income tax return if required. Complete a Boston College Foreign National Information Form for tax purposes at the Human Resources Service Center at 129 Lake St if you are receiving tuition remission or working on campus.
- Obtain health insurance for the duration of your stay. Please note that all international students are required to purchase and will be billed automatically for the Boston College health insurance plan.
TRAVELLING WITHIN AND OUTSIDE OF THE U.S.
It is recommended that you carry copies of their immigration documents (or have access to copies in your smartphone) with you even when traveling domestically within the U.S., although no signatures on the I-20 or DS-2019 are required.
Never re-enter the U.S. on any visa status other than F-1 or J-1 as it will cancel your student/scholar status.
If you plan to leave the U.S. to visit another country, you must have the following documents in order to return to the U.S.:
- Valid Passport: Your passport should be valid at least six months into the future. You can usually renew your passport at your country’s embassy in the U.S. For a list of foreign embassies in the U.S., go to www.state.gov.
- Valid Visa: If your visa has expired and you are traveling outside of North America (Canada, Mexico, and adjacent islands) you must renew your visa to return to the U.S. Procedures vary for each consulate. Check with your U.S. Consulate or Embassy for specific procedures: https://www.usembassy.gov/.
- I-94 form: If you entered the U.S. after May 2013 by air, you will have an electronic I-94 record that can be accessed online at https://i94.cbp.dhs.gov). If you traveled by land or sea prior to May 2013, you will still likely have a small white card that should have been stapled into your passport. You will surrender this card upon leaving and will obtain a new electronic record when you return back to the U.S. (with the exception of travel to Canada, Mexico and the Caribbean).
- A Valid I-20 (F students) or DS-2019 (J students and scholars) with a valid travel signature from the OISS. See requirements below. Once signed, the travel signature is valid for one year from the date of the signature. (Canadian Citizens and those on post completion OPT require signatures every 6 months). If you will need to renew your visa it is recommended that you obtain a new travel signature even if it is less than a year old. The travel signature can be found on page 3 of the I-20 form and on the lower right-hand corner of page 1 on the DS-2019.If you are finishing your program and leaving Boston College, you do not need a signature to leave the U.S.
- Post Completion Optional Practical Training Students Only: EAD Card and job offer letter. If you have not yet received your EAD Card you may be able to travel with your I-797 receipt. If you do not have a job offer letter there is a risk that you may not be able to re-enter the U.S. or renew your F-1 visa. Please consult with the OISS if you want to travel and do not have have the EAD Card and/or job offer letter.
In most cases, travel signatures can be done the same day; however, if no one is available to sign your immigration form, it will be ready the next day. If you require a new I-20 or DS-2019, it will take 2-3 days to process. Please plan accordingly and try to come in at least a few days before you are traveling.
Undergraduate Students
Undergraduate students do NOT need to show proof of funding each year UNLESS you need a new I-20 (see below).
Graduate Students
For those receiving funding from BC, bring an original or copy of letter or have a direct email from your department sent to bcis@bc.edu confirming any assistantships or tuition remission. For all those not receiving funding or if the BC funding does not cover the required amount, you will need to show proof of funding. (if you have to show less than $4,000 in personal funds you are exempt from this requirement).
J-1 Visiting Scholars and Professors
No additional proof of funding is necessary for your signature.
All Students Needing a New I-20
If you have lost your I-20 or you have run out of signature space we will need to make you a new I-20. In order to process the new I-20 we will need to see proof of funding* for tuition and living expenses the next 12 months or the remainder of your program if you will finish in less than 12 months. Please allow at least 2-3 days for your new I-20 to be processed.
Acceptable Proof of Funding
Scanned or faxed copies of original bank statements or copies/scans of signed and stamped bank letters are acceptable. If you are showing funds from a U.S. bank we will accept an online printout of your account.
For a visit of less than 30 days to Canada, Mexico and the Caribbean (except Cuba), you are allowed to re-enter the U.S. with an expired visa. This process is known as “Automatic Visa Revalidation.” You should print off your I-94 record BEFORE you travel and when you re-enter, you should show them your I-94 record print-out. Please note if you apply for an F-1 or J-1 visa in Canada, Mexico, or the Caribbean and are denied, you will not be able to return to the U.S. using Automatic Revalidation. Please consult the OISS before making a decision to apply for a new visa in these countries.
Note: Check with the specific country's embassy website to see if you are required to have a tourist visa in order to visit the country you are visiting.
In order to take a leave of absence you must obtain permission from your department or dean’s office and then contact the Office on International Students and Scholars. If you will be out of the country for MORE than five months you will not eligible for certain benefits (for example, practical training) until you have been in legal status for another full academic year (this does not apply to undergraduates on BC approved study abroad programs and PhD students enrolled at BC and doing dissertation work abroad). Please note that you CANNOT remain in the U.S. while on a leave of absence unless you have been approved for a documented medical leave.
EXTENDING YOUR I-20 (F-1) OR DS-2019 (J-1)
You MUST request your I-20 or DS-2019 extension with the Office of International Students and Scholars PRIOR to the expiration date on your I-20 or DS-2019 form or you will lose your immigration status!
If you do not complete your educational program within the time period indicated on your I-20 or DS-2019 form, you are required to file a program extension with the OISS PRIOR to the expiration of your immigration form. You must demonstrate that you are currently a full-time student in good standing and have a legitimate academic reason for the delay such as a change in major or research topic or unexpected research problems.
In order to extend your I-20 or DS-2019 form you will need to submit the following:
- Email or letter from your department chair, faculty advisor, or Dean of your school which states that you are a full time student in good standing, your new expected graduate date and the valid academic reason(s) for your delay. If your department is providing funding they should include this in the email/letter. Your completion date is your graduation date (unless you are finishing in the summer session in which case it is the end date of your summer session). Dissertation/thesis students: Your completion date will be your defense date including any revisions. If you defend in the middle of the semester and have a assistantship in your department, your completion date will be the end of the semester.
- Proof of finances for the amount of time you will be extending. Living expenses are set at approximately $2000 per month. Cost per credit for the credits you have remaining should be found on your student account or ask the OISS. Documents can be submitted by email or in person at the OISS. It will take 1-2 weeks for your form to be extended and you will receive an email from the OISS when it is ready.
What if my visa in my passport has expired?
Your visa in your passport is an ENTRY permit. You are allowed to stay in the U.S. if your visa has expired, however the next time you leave the U.S. (with the exception of Canada, Mexico and the Caribbean) you must go to a U.S. Embassy or Consulate abroad to apply for a new visa. For more information, please visit OISS.
Grace Period After Completion of Studies
As an F-1 student you are allowed 60 days to remain in the United States after your completion of studies date. J-1 students and scholars are allowed 30 days. During this time you are no longer allowed to work, study or re-enter the US. Note that the 30 or 60 day period is from the day that you complete your studies, NOT necessarily the expiration of your I-20 or DS 2019 form if you have finished earlier than your form indicates. If you have applied for F-1 Optional Practical Training you can remain in the U.S. while your OPT is pending or until the start date of your OPT.
CHANGE OF STATUS
Many people already living in the United States must change their visa status in order to become a full-time student or once they have completed their studies, choose to change to a tourist or worker status. If you are in the U.S. in F-2 (spouse or child of an F-1 student) or B-2 (tourist) status you CANNOT begin your studies until your change of status is approved by the Immigration Service. Those on other visa statuses, please consult with our office as to your eligibility for study under your current status.
Changing immigration status can be done two different ways:
- Traveling abroad and applying for a new visa stamp at a U.S. embassy or consulate OR
- Filing a change of status application while remaining in the U.S. This process usually takes about 60 days, so you must plan accordingly if you are required to change your status prior to beginning your studies. As long as you file before you current status expires, you are allowed to remain in the U.S. until you receive a response from the Immigration Service. Please note that the next time you travel outside of the country, you will still need to apply for a new visa stamp at the U.S. embassy or consulate abroad.
Typical Changes of Status Examples
Change from B-2 Visitor to F-1 Student
It is not recommended to come to the U.S. on a B-2 visitor’s visa if you are planning to attend school full-time. The Immigration Service often will deny the applications for changes from B-2 to F-1 if they feel that the person falsified his or her intentions when entering the U.S. and simply entered on the visitor’s visa to avoid the hassle of applying for an F-1. Please note that you CANNOT come in on the Visa Waiver Program and change to F-1.
If you must enter the U.S. before obtaining your F-1 student visa, you should apply to the U.S. Consulate for a B-2 prospective student’s visa. The Consulate usually will grant the visa if you show them an admission letter and explain why you cannot wait to receive the I-20 Form. Changes of status from this type of visa to the F-1 visa are usually easily approved in the U.S.
If you are not able to do either option and must enter the U.S. before obtaining your F-1 student or B-2 prospective student visa, you should inform the inspecting immigration officer at the port of entry of your intent of becoming a student and show some proof if possible (such as an admission letter.) The immigration officer will then write the notation on your I-94 card that you are a “prospective student.” This should allow you to change your status to F-1.
Note: You will not be allowed to enroll at BC if you are in B-2 status and waiting for your change of status to F-1. You cannot begin classes until your change of status has been approved by the USCIS and you are officially in F-1 status.
Change from F-1 Student to B-2 Visitor
As part of your F-1 student status, you have a 60-day grace period to remain in the U.S. after you complete your studies. If you wish to stay longer to be a tourist, you can apply for a change of status to B-2 visitor. You must document that you have sufficient funds to support yourself during this time since no employment is permitted on the B-2 visa. You also will need to convince United States Citizenship and Immigration Services (USCIS) and of your intentions of returning home after your visit. USCIS generally will only allow you to remain in the U.S. for an additional 30-day period unless you have a compelling reason for staying longer.
If you already have a valid tourist visa in your passport or you are from a country which allows you to enter on a “tourist waiver”, the change of status can be accomplished by leaving the country and re-entering as a tourist.
Change from F-1 Student Practical Training to H-1b Temporary Worker
For students who wish to continue employment after the expiration of their practical training in most cases it is possible to change status from F-1 student to H-1b temporary worker. However, unlike practical training where no job offer is required, the H-1 visa is employer and job specific. The employer must be willing to “petition” an H-1 for you. Obtaining an H-1 is much more complicated than other visa categories and involves the Department of Labor as well as the Immigration Service. Often the services of an immigration lawyer are advised.
Change from F-2 Dependent to F-1 Student
As of January 1, 2003, an F-2 dependent is required to change to F-1 status in order to pursue full time studies (except for F-2 minors studying at the primary or secondary level). If you would like to study full-time in the U.S., you must apply to USCIS for a change of status to F-1. With the application you will need to certify that you have the minimum TOEFL score and sufficient financial certification to cover your tuition and living expenses for the first year of your program. Please be aware that you absolutely CANNOT begin your full-time studies while the petition is pending. Therefore, please apply as far in advance as possible as it can take one month or more for your application to be approved.
Change from J-1 Exchange Visitor to Other Visa Categories
Students and scholars who are not subject to the two-year home residency requirement are free to change status to any other visa status for which they qualify. However, if you are subject to the two-year home residency requirement then you are prohibited from changing your visa status to that of an H-1, L-1, or permanent resident until you fulfill the requirement or obtain a waiver. Additionally, if you are subject to the requirement, you cannot change status to F-1 student within the U.S. You must leave the country and apply for the F-1 student visa at a Consulate abroad. This is most easily done in your home country. Please be aware that even if you do return to the U.S. on the F-1 student visa, you are still subject to the residency requirement and will not be able to obtain the H-1 or L-1 visas or permanent residency until you fulfill the requirement or obtain a waiver.
Exchange Visitors are also prohibited from changes in categories within the Exchange Visitor Program in the U.S. For example, you cannot change from a J-1 student to a J-1 scholar or vice versa. Usually you can leave the U.S. and begin a new program.
If you will be enrolling in a changed or a second degree program at Boston College, you should bring a copy of your acceptance letter and evidence of your financial support to the Office of International Students and Scholars BEFORE your current I-20 expires. The Office of International Students and Scholars will issue a new I-20 Form for the new degree program.
All students keep the same SEVIS identification number throughout the duration of their time in F-1 status. If you are currently a student in the U.S. you MUST transfer your F-1 status. (This applies to all students including those students traveling prior to their arrival to Boston College as well as those starting a new degree).
An F-1 student is eligible to transfer to another academic institution if he or she:
- Is in valid F-1 status.
- Can document that he or she was a full-time enrolled student at the previous school. It is suggested that students obtain a letter from their department or a copy of their transcript to present to the new school.
- Intends to pursue a full course of study at the proposed institution.
- Is financially able to attend the new institution.
If a student has not been pursuing a full course of study at the previous institution or does not complete the transfer within the time allotted, he or she must apply for reinstatement to student status before a transfer can be requested.
Note: Students may re-enter the U.S. with their new I-20 without going to a U.S. Consulate to get the name of the new institution written onto the valid F-1 visa in their passport. It is strongly recommended that you carry a copy of the previous I-20 form from the institution designated on your visa. If a student travels outside the U.S. between programs at different institutions and his or her visa expires before re-entry, a new visa should be obtained at a Consulate abroad using the new I-20 Form and proof of funds.
Procedures
- Enroll at the new institution for the next possible term. Inform the new school that you are currently an F-1 or J-1 student.
- Notify the International Student Office at the previous institution of your intention to transfer (this should be done even if you have completed a program at your former school).
- Depending on the school, you may also need to obtain a transfer form from the new institution that allows your former school to verify your immigration status.
- With the new SEVIS system, you will now carry the same SEVIS number throughout your studies in the U.S. Therefore, the former university will “transfer you out” and “release” your record electronically to your new school. The new school will not be able to print your new DS-2019 until the “release date” specified by the former school. Your SEVIS DS-2019 must be electronically transferred out within 60 days of completing your studies at the former institution. In order to remain in the U.S., you must begin attending classes at the new institution within five months of the program completion date on the current DS-2019 or within five months of transferring out of the previous school, whichever is earlier.
- Report to the International Student Office at the new institution within 15 days of beginning classes at the new school in order to “complete” your transfer.
J-1 Transfers follow a similar procedure as outlined above. If you wish to transfer from one Exchange Visitor sponsor to another, you must notify your current sponsor of your plans and request that they release your SEVIS record to your new sponsor. The new sponsor will then issue a new DS-2019 Form for you and complete the transfer procedure. Please note that you must begin the transfer procedure before the expiration date of your current DS-2019 Form.
Procedures
- Enroll at the new institution for the next possible term. Inform the new school that you are currently an F-1 or J-1 student.
- Notify the International Student Office at the previous institution of your intention to transfer (this should be done even if you have completed a program at your former school).
- Depending on the school, you may also need to obtain a transfer form from the new institution that allows your former school to verify your immigration status.
- With the new SEVIS system, you will now carry the same SEVIS number throughout your studies in the U.S. Therefore, the former university will “transfer you out” and “release” your record electronically to your new school. The new school will not be able to print your new DS-2019 until the “release date” specified by the former school. Your SEVIS DS-2019 must be electronically transferred out within 60 days of completing your studies at the former institution. In order to remain in the U.S., you must begin attending classes at the new institution within five months of the program completion date on the current DS-2019 or within five months of transferring out of the previous school, whichever is earlier.
- Report to the International Student Office at the new institution within 15 days of beginning classes at the new school in order to “complete” your transfer.
Have you moved or planning to move, or changed your phone number? If so, please make sure to report the change to OISS through Agora portal.
Please note that all students on F-1 and J-1 visas are required to notify the U.S. Department of Homeland Security within 10 days of any changes to their place of residence in the U.S.
Once you've made the change through Agora portal, there are no other requirements as the information you submitted will be reported electronically to DHS through the Student & Exchange Visitor Information System (SEVIS).
The Form I-94 is the DHS Arrival/Departure Record that is created when a traveler enters the US. The Customs and Border Protection (CBP) officer also stamps each traveler’s passport with the date, class of admission, and the duration of authorized stay.
Occasionally, there are mistakes on the passport stamp or the I-94. If this happens, thestudent/scholar must correct it with CBP to ensure there are no issues with their status.