International F students will only be able to be admitted to the United States for a fixed period of time, i.e. up to the length of the program of study listed on their I-20 Form, i.e. not exceeding four years, plus a 30-day period for arrival and an additional 30-day period for departure. However, students enrolled in certain programs of study should understand the following constraints on their period of admission to the United States:
• Students who are engaged in English language training programs are confined only to a 24-month period of admission, including an additional 30-day period to prepare for departure;
• Students who are enrolled in public high schools, also includes a charter school or other similar school funded by U.S. taxpayers, are limited, including any school breaks and annual vacation, to an aggregate of no more than 12 months to complete their course of study;
• Border commuter students will continue to be admitted with a fixed date of admission;
Students, will continue receiving a 30-day period prior to the Program Start Date listed on their I-20 Form to arrive in the United States. However, students now have a 30-day period to prepare for departure or otherwise seek to obtain lawful status to remain in the United States following their Program End Date or post-completion OPT or STEM OPT extension.
Extension of Stay
In order to remain lawfully present in the United States, F students requiring additional time either to complete their current program of study, begin a new program of study, or engage in post-completion OPT or STEM OPT, must make sure to apply for an EOS (Extension of Stay) with USCIS (U.S. Citizenship and Immigration Services) or depart the United States and obtain a new period of admission from the CBP (Customs and Border Protection) upon reentry. Students may be able to talk to their DSO (Designated Student Official) to have a proper understanding of all possible options and the process for extending their authorized period of admission to the United States. Then comes the process of EOS with USCIS. Once a student receives an updated I-20 Form from their DSO with a proper EOS recommendation, they must complete and timely file the Form I-539, “Application to Extend/Change Nonimmigrant Status,” pay the required fee and provide required biometrics.
Subjected to eligibility and admissibility requirement, F students with unexpired visas who choose to travel may also be able to apply for admission with CBP at a port of entry and receive a new Form I-94, “Arrival/Departure Record,” with a new period of admission based on their updated SEVIS (Student and Exchange Visitor Program) record and supporting documentations.
More to follow…
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