MAINTAINING YOUR STATUS

Student visa holders need to make sure that they comply with all deadlines for receiving extensions on their visa, all deadlines for departing the United States or changing status during the statutory grace period, requirements of reporting, employment requirements, and/or reinstatement deadlines if the student visa holder has fallen out of status (their visa is no longer valid).

Each of these crucial issues is explained below in greater detail to help you, as a student visa holder, to ensure that you are in the country on a valid visa and do not miss a deadline forcing you to have to depart from the country.

Extensions

By applying for an extension, you may be able to stay in the United States past the time your visa would have originally expired legally. You must apply for an extension before the end date noted on your Form I-94 (Arrival/Departure Record). If you fail to apply for an extension before the end date on your Arrival/Departure Record, you will be out of status, meaning that you must either depart from the country or you must apply for reinstatement.

F-1 visa holders:
You are not required to apply for extensions as long as you are maintaining your status and progressing on a normal pace toward completing your educational goal.
J-1 visa holders:
You may apply for extensions based upon the date on their DS-2019 (Certificate of Eligibility for Exchange Visitor Status). However, it is in the discretion of the reviewing officer to extend the J visa holder’s stay to the maximum limit allowed in the regulations based upon the program category or sponsor’s designation.
M visa holders:
You may obtain extensions for up to 3 years from the original beginning date of their program. You must apply for an extension prior to the expiration of your visa.
H-3 visa holders:
You may not receive an extension unless they have resided out of the United States and are physically present outside the country for at least 6 months.
Grace Period

If you withdrawal from your studies or have successfully completed your studies, you have a set period of time in which you remain in status, but during this time you must either leave the country or you must change your status to another visa.

F-1 Visa Holders:
The length of your grace period depends on whether you withdrew from your studies or whether you successfully completed them. If you withdrew with authorization from your studies, you will have 15 days to depart or change status. If you did not have authorization to withdraw from your studies, you will NOT have a grace period in which you remain in status. You must depart the country at that time, because you are no longer in legal status. If you successfully completed your studies, then you receive a 60 day grace period in which you must either depart from the United States or change your status. Note, that you must change your status or depart prior to the end of your grace period. If you do not, then you will no longer be in legal status.
J Visa Holders:
Your grace period is for a time of 30 days in which you must either depart or change your status.
M Visa Holders:
You have a grace period of 30 days in which you must either depart or change your status.
H-3 Visa Holders:
You must depart the United States when your visa expires, and you may not apply for a change of status unless you reside and are physically present outside of the United States for 6 months.

MAINTAINING YOUR STATUS - REINSTATEMENT

When you apply for reinstatement, you are stating that for some reason you have fallen out of status (you no longer have a valid visa) and you have been out of status for a period of time, but that period of time does exceed 5 months. Keep in mind that reinstatement is within the discretion of the officer that is reviewing your file. It is not mandatory that you be reinstated simply because you fall within the qualification to request reinstatement. Therefore, it is best to never fall out of status.

F-1 Visa Holders:
You must apply for reinstatement no more than 5 months after the date you fell out of status. In order to be reinstated you must show either that (1) you fell out of status because you took a reduced course load and if you are not approved for reinstatement you would face extreme hardship; or (2) the reason why you fell out of status was due to circumstances beyond your control. Either one of these reasons will allow you to seek to be reinstated with a student visa.

J Visa Holders:
There are 3 different categories of violations for J visa holders which are based upon the severity of you status violation. The categories are: (1) minor or technical violations, (2) substantive violations, and (3) non-reinstatable violations, and are explained below.
Minor or Technical Violations - These violations may include, but are not limited to, you forgetting to extend your program before the end date on your DS-2019 or attempting to process a program transfer before the end date on your DS-2019. The reviewing officer may amend your record within 120 days of when your program was stated to end by issuing you a new DS-2019 that shows you have had continuous status without interruption and the date the new DS-2019 is performed.
Substantive Violations - If you fail to maintain valid status in your program for more than 120 days as indicated by the end date on your DS-2019, and if you are the student, have not maintained a full course of studies without consultation or permission of the responsible officer of your sponsor and your academic advisor. If you have committed a substantive violation, then the responsible officer must apply to the Department of State for reinstatement on your behalf and include with the application a $198.00 nonrefundable fee.
Non-Reinstatable Violations - The following violations will result in your reinstatement application being denied by the Department of State. a. Willful and knowing failure to fulfill the program insurance requirement; b. Working without authorization; c. Involuntarily being suspended or terminated from your current exchange program d. Not maintaining valid program status for more than 270 calendar days; e. Receiving a positive recommendation from the Department of State on your application to waive INA section 212(e); and f. Not paying the Public Law 104-208 fee.

M Visa Holders:
You may request to be reinstated, but it will be considered only if: 1. You were not out of status for more than 5 months at the time you filed your reinstatement request; 2. You are currently or intend to engage in a full course of study; 3. You have not committed repeated or willful violations of regulations; 4. You have not worked without authorization; 5. You are not deportable for any other reason then being out of your M status; and 6. You can demonstrate that you are out of status due to circumstances beyond your control.
Employment Requirements

F-1 Visa Holders:
Employment authorization is allowed only in certain situations. As an F-1, you are allowed to work on-campus at your school if you have it approved by the USCIS. If you are a new F-1 student, you may not start working more than 30 days before the actual date your classes begin. For transfer F-1 students, you may not begin working until the school to which you have transferred has your records in its SEVIS* (Student and Exchange Visitor Information System) program.

Another program available is the Optional Practice Training program (OPT) where you may be able to work off-campus. This program is only available to F-1 student who have completed their first year of studies. You may request to be in OPT for one year after the completion of your course requirements. You may participate in OPT for one year after completing your Bachelor’s, Master’s, or PhD. degree. Before you are permitted to work under this program, you must obtain an Employment Authorization Document (EAD). To obtain an EAD, you have to complete and submit Form I-765 and provide evidence that you have finished your studies, a signature card with your signature on it, and two pictures to the USCIS Service Center in the jurisdiction where the school you are attending is located.

*For those who do not know, SEVIS is a system which universities are required to have in order to track and report on visa holding students every semester. The school must report the student’s name, enrollment status, and current address.