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What Campus Administrators Should Know About International Students and Scholars Presented by :

What Campus Administrators Should Know About International Students and Scholars Presented by : Leigh Cole, Esq . What You Should Know. Definitions Alien Illegal Alien U.S. Citizen Naturalization. Definitions, cont. Nonimmigrant Immigrant Immigration Status.

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What Campus Administrators Should Know About International Students and Scholars Presented by :

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  1. What Campus Administrators Should Know About International Students and Scholars Presented by: Leigh Cole, Esq.

  2. What You Should Know Definitions Alien Illegal Alien U.S. Citizen Naturalization

  3. Definitions, cont. Nonimmigrant Immigrant Immigration Status

  4. Definitions, cont. Immigration Status Visa SEVIS

  5. Government Agencies U.S. Department of Homeland Security USCIS CBP Border Patrol ICE SEVP (SEVIS)

  6. Agencies, cont. U.S. Department of State (State Department)

  7. Purposes Protect U.S. workers Domestic Security Protect international workers, students and scholars in the United States

  8. Types of Immigration Family-based Employment-based International Students and Scholars

  9. Employment-Based Employer sponsorship required in most cases Petition to USCIS required in most cases

  10. Employment-Based H-1B Specialty Occupation Workers Colleges & Universities exempt from Cap Position require at least a bachelor’s degree or equivalent specific vocational preparation

  11. Employment-Based TN under NAFTA Citizens of Canada and Mexico Professions listed in NAFTA

  12. Employment-Based O-1 Extraordinary Ability High standard Risen to the top of the field

  13. Permanent Residency Green Card (cards aren’t green) Live and work in the United States indefinitely

  14. Permanent Residency Labor certification usually required Test of the labor market Special Recruitment Labor Certification for College & University Teachers

  15. Permanent Residency Exceptions to Labor Certification: Outstanding Researchers/Professors Extraordinary Ability National Interest

  16. Students & Scholars Institution is approved as sponsor F-1 international students (full time) J-1 students and scholars M-1 vocational schools

  17. Students & Scholars, cont. F-1 status requires a full course of study J-1 status can be for a variety of activities including employment

  18. Categories for J-1 sponsorship: Trainee Specialist Intern Student Short Term Scholar Professor Summer Work Travel Teacher Research Scholar Au Pair Camp Counselor

  19. Students & Scholars, cont. Institution or sponsor issues immigration documentation direct to the student or scholar I-20 for F-1 International Students DS-2019 for J-1 Exchange Visitors

  20. Students & Scholars, cont. Staff on campus are responsible for legal compliance F-1: Designated School Official (DSO) J-1: Responsible Officer (RO)

  21. Students & Scholars, cont. DSOs and ROs generally work in the International Office on campus Many don’t have ready access to legal support NAFSA: Association of International Educators

  22. Students & Scholars, cont. Delegated authority from Department of Homeland Security to monitor international students & scholars DSOs and ROs interact regularly with government representatives (DHS, ICE, SEVP, SEVIS, CBP, State Department)

  23. Students & Scholars, cont. SEVIS database Activate and monitor immigration status Produce I-20s and DS-2019s Terminate immigration status

  24. International Students Project Campus Sentinel ICE program to develop relationships with DSOs In-person campus visits Encouraging DSOs to communicate with ICE officers regarding campus activities

  25. International Students F-1 status Full course of study required On campus employment allowed - 20 hours per week during academic terms - full time during breaks Off campus work must be authorized by DSO

  26. International Students Curricular Practical Training (CPT) employment “Integral” to a program of study Optional Practical Training (OPS) employment During the degree or post-completion, for up to 12 months STEM extension of 17 months - E-Verify employers only

  27. International Students Individuals in other status categories may study Example: Dependents of professionals Other students may or may not be counted in the campus international student population

  28. J-1 Exchange Visitors 212(e) Two Year Home Residency Requirement Government Funding Skills List for home country All foreign medical graduates in training

  29. DREAM ACT Federal law doesn’t prohibit enrolling students with no lawful status Some states have laws Graduates don’t have work authorization

  30. DACA Deferred Action for Childhood Arrivals (DACA) Started in June 2012 Must be under age 31 as of June 15, 2012

  31. DACA cont. DACA eligibility: Under age 31 Arrived in the U.S. before age 16 Continuous residence in U.S. In school, graduated, GED or veteran No serious criminal record

  32. DACA cont. CACA benefits: Lawful presence and work authorization Renewable every 2 years indefinitely

  33. Campus Services Best Practices What to do in-house? Students & Scholars Employment-based

  34. Campus Services Integration Students & Scholars: International Registrar Dean Admissions

  35. Campus Services Integration Employment-based: Human Resources and I-9 Recruiting

  36. Protocols Campus protocols for government visits FERPA Response to audits and compliance checks H-1B I-9

  37. Protocols National Origin Discrimination Adopt policies Apply them consistently

  38. Questions?

  39. Thank you! Leigh Cole

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