To be eligible for and receive all the benefits that U.S. Citizenship and Immigration Services (USCIS) provides to International Students (for example: Practical Training, School Transfer, Change of Nonimmigrant Status) it is necessary to maintain Lawful F-1 Status, while in the United States.
To maintain Lawful F-1 Status you must:
- Keep your passport valid.
- Have a valid Form I-20.
- Your Form I-20 expires on the Program End Date, found on your Form I-20, or on the date you complete your academic program, whichever comes first.
- Maintain full-time enrollment (aka., “Full Course of Study”) during the fall and spring semesters (a minimum of 12 credit hours per semester), with a minimum of 9 credits containing an on-campus component (either fully in-person or hybrid classes).
- F-1 students are not permitted to count more than three credit hours of online or distance education coursework toward the full course of study requirements. However, F-1 students may enroll in more than three credit hours, of online or distance education coursework after the Full Course of Study requirements have been met.
For example, if a student enrolls in three classroom-based courses (worth a total of nine credit hours) and one online course (worth three credit hours), the student can enroll in more distance education courses.
- Demonstrate normal progress toward completion of your degree or educational objective.
- Not accept employment of any kind without proper authorization from the Office of Global Initiatives, or if necessary, U.S. Citizenship and Immigration Services (USCIS).
- Inform the Office of Global Initiatives of any legal changes to your name or any changes to your physical address within ten days of the change. The DSO must always have your current physical address.
What if I need to take a leave of absence from school?
USCIS does not recognize a leave of absence from school for an F-1 student since the main objective of an individual in F-1 Status is to be a student. If you do not enroll as a full-time student during the academic year (Post-Completion Optional Practical Training not withstanding), then you are not engaged in the activity authorized and dictated by your status. This means that while the college can grant a student a leave of absence for academic, medical or other personal reasons, USCIS does not recognize a leave of absence.
What if I need to drop below 12 credits?
To maintain Lawful F-1 Status, you must have the approval of a Designated School Official, from the Office of Global Initiatives, before you reduce your course load below 12 credit hours for any term. The Designated School Official can authorize a Reduced Course Load (RCL), which enables an F-1 Student to drop below a full course of study, taking at least 6 credit hours under the following academic circumstances:
- Initial difficulty with the English language;
- Initial difficulty with reading requirements;
- Unfamiliarity with American teaching methods;
- Improper course placement;
- To complete their course of study within the current term (which means that the student will complete their program of study at the conclusion of the semester and need to complete less than twelve credit hours to do so).
This authorization allows an F-1 Student to maintain lawful F-1 Status if they have dropped below the required 12 credit hours per semester.
Additionally, due to properly documented medical circumstances, a Designated School Official, in the Office of Global Initiatives, can authorize a student to drop below a full course of study, taking at least 6 credit hours (or if necessary for medical reasons, carry no course load).
If due to either academic or medical reasons you are considering reducing your course load to below 12 credit hours (or carrying no course load due to medical reasons) you MUST meet a Designated School Official in the Office of Global Initiatives prior to doing so, to discuss your specific situation, your options, your responsibilities and the required documentation.
Points to Consider
- Within the first thirty (30) days of each semester that you are enrolled at Hudson Valley Community College, you must check-in with the Office of Global Initiatives, so they can indicate that you are present by "Registering" you in the Student Exchange Visitor Information System (SEVIS).
- Working without proper authorization is a violation of the F-1 Immigration Regulations.
- It is important that you consult with the Office of Global Initiatives before you accept an offer of employment or begin to work. If you are eligible, the Office of Global Initiatives will provide you with information on the process of applying for Employment Authorization.
- Make sure you meet eligibility criteria before your SEVIS Record is transferred to another school in the United States.
- A Reduced Course Load for academic reasons can only be authorized once per degree level.
- If you will need more time to complete your program of study, you will need a Program Extension, to lawfully remain in the United States. Contact the Office of Global Initiatives for further information.
- Individuals in F-1 Status are granted permission to stay for the period of time reasonably required to pursue a full course of study in an educational program, plus a 60-day Pre-departure Period (aka, “Grace Period”), in which to depart from the United States, transfer to another Student and Exchange Visitor Program (SEVP) Approved institution, apply for a Change of Nonimmigrant Status, or apply for Employment Authorization.
- The 60-day Grace Period begins on the Program End Date, found on your Form I-20, or on the date you complete your Post-Completion Optional Practical Training, whichever comes later. After the 60-day Grace Period has ended, if you are still in the United States and have not received a valid Form I-20 from a transfer institution, or have applied for either a Change of Nonimmigrant Status or Employment Authorization (and are awaiting a decision), you will begin to accrue Unlawful Presence.
- If you change your program of study or level of study, you must notify the Office of Global Initiatives, since this information will need to be entered into SEVIS, and a new Form I-20 will need to be issued.
- If you need additional time to complete your current program, you must apply for a Program Extension before the Program End Date listed on your Form I-20.
- If you believe that you will need a Program Extension, contact the Office of Global Initiatives for further information.