Employment, Travel, and Legal Matters

Responsibilities of Visa Holders under SEVIS
UNO Policies and Rules
Employment for F-1 Visa Holders
Employment for J-1 Visa Holders
Social Security Number
Filing for Taxes
Travel by F-1 and J-1 Visa Holders
Reinstatement to F-1 Status
Changing to F-1 Visa Status
F-2 Visa Holders (dependents of F-1 visa holders)
Transferring to Another School

Responsibilities of Visa Holders under SEVIS

To avoid problems with U.S. immigration agencies, all F-1 and J-1 visa holders must report the following events to an international student advisor:

• Change of address (permanent or local) within 10 days of moving
• Change of legal name
• Change of program of study
• Completion of program prior to the end date on forms I-20 and DS-2019
• Withdrawal from the program for any reason (prior notice required)
• Change of visa status
• Dropping below full-time enrollment (prior approval needed from International Student Advising) and/or non-attendance in classes can lead to SEVIS termination
• Transfer students need a new form I-20 for the next available semester within 60 days of completing a program

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UNO Policies and Rules

Take special note of these UNO policies and rules:

• Drug-Free Schools and Campuses Act: It is illegal to have controlled drugs or to share prescription drugs. Read the Campus Drug and Alcohol Policy.
• Equal Opportunity/Non-Discrimination: Know your rights and report abuses. Opportunities may not be denied on the basis of gender, age, religion, race, or country of citizenship.
• Sexual Harassment: All people have the right to be protected from unwelcome sexual attention. Unacceptable behavior can include sexual speech, visual contact, physical contact, unwelcome advances, or requests for sexual favors. Report sexual harassment to an advisor. Review the UNO Code of Conduct.
• Privacy of Information: UNO may not give out personal and confidential information about you.
• Alcoholic Beverages: Alcohol is not allowed on the UNO campus. It is illegal to drink alcohol if you are under the age of 21, and it is illegal to give alcohol to others who are younger than 21. It is also illegal to drink and drive a car or to be drunk in public. The U.S. State Department warns that a DUI (Drinking Under the Influence) arrest or conviction may lead to visa revocation or impact future visa issuance. Information about Drug and Alcohol Abuse Support.
• Smoking is not permitted on campus. Read the On-campus Smoke and Tobacco-Use Policy.

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Employment for F-1 Visa Holders

On-campus employment: International students in F-1 status are allowed to work up to 20 hours on campus during the school year and full-time over the summer. At UNO, international students are eligible for student worker positions, but not for federally funded work-study positions. To learn about on-campus employment, contact UNO Human Resources. Approval is needed from an international student advisor in order to accept work that is not clearly an on-campus position. Off-campus work without authorization is illegal. Read more at UNO Student Employees.

Curricular Practical Training (CPT): CPT is an internship or practicum that serves as an integral part of an established curriculum. CPT permits undergraduate or graduate F-1 students to engage in such employment during their course of study. CPT can be part-time during the school year or full-time during the summer. Employment cannot begin until the I-20 has been updated with CPT authorization. Authorization for CPT is given one semester at a time by an international student advisor, and extensions should be applied for at least two weeks before the expiration of the current authorization. Students who engage in a total of 12 months or more of full-time CPT become ineligible for Optional Practical Training (see below). Part-time CPT does not affect eligibility for OPT. CPT requirements:

• • Student must be enrolled full-time, or in his or her final semester working on a thesis or equivalent.
  • Student must have maintained F-1 visa status for at least nine consecutive months.
  • The training must be an integral part of the established curriculum.
  • Training must be recommended and approved by the student's academic advisor.
  • Student must receive academic credit for the training.

Download additional CPT Guidelines for IS&T Students.

Optional Practical Training (OPT): Full-time, 12-month Optional Practical Training is offered to students who have completed their course of study, excluding thesis or equivalent. The student must apply for and receive an Employment Authorization Document, or EAD card, from USCIS with the assistance of an international student advisor before work begins. Students may apply before the completion of studies or during the 60-day grace period following the completion of studies. Plan to apply at least 90 days before beginning work. Processing times and other information is available at U.S. Citizenship and Immigration Services. The 12 months of work must be completed within 14 months of course completion. OPT requirements:

• Students must have maintained F-1 visa status for at least nine consecutive months.
• Students must have completed their course of study, with the exception of thesis or equivalent.
• All students on OPT must report their employment using the SEVP Portal within 10 days of any change of employment.

View the OPT Informational Presentation.

Submit your OPT application on iGlobal to receive an I-20 to apply for OPT. After receiving your I-20, file form I-765 with USCIS online at https://www.uscis.gov/i-765.

Extensions for Students in STEM: Students who received a degree in science, technology, engineering, and mathematics (STEM) included on the STEM Designated Degree Program List may apply for a one-time 24-month extension of OPT. Students must currently be in post-completion OPT to apply for the extension. Employers must be enrolled in the USDHS E-Verify program. Applications must be received at USCIS before the expiration date on the OPT Employment Authorization Document (EAD) card and may be submitted up to 90 days prior to the post-completion OPT end date. Applicants who file on time, before the expiration date on the OPT EAD card, may continue to work after the expiration date of the card for up to 180 days while the extension request is pending.

View the STEM OPT Informational Presentation.

Submit your STEM OPT application by uploading your I-983 on iGlobal to receive an I-20 to apply for STEM OPT. After receiving your I-20, file form I-765 with USCIS online at https://www.uscis.gov/i-765.

University Off-Campus Work: Occasionally, UNO international students find positions that are paid by another campus in the University of Nebraska system. An international student advisor can approve work at an off-campus location, treated as on-campus, as long as it meets F-1 regulations. "On-campus" may also include work "at an off-campus location which is educationally affiliated with the school... The educational affiliation must be associated with the school's established curriculum or related to contractually funded research projects at the post-graduate level ... and be an integral part of the student's educational program." Visit International Student Advising for authorization prior to accepting a position.

Work Authorization for Economic Hardship: After having F-1 status for one academic year, you can apply for economic hardship work authorization if you can prove that there has been a severe, unforeseen change in your financial situation that occurred after receiving your F-1 visa. Examples of an unforeseen economic hardship include loss of financial aid or on-campus employment without fault on the part of the student, substantial fluctuations in the value of currency or exchange rates, inordinate increases in tuition or living costs, unexpected changes in the financial condition of the student's source of support, and unforeseen medical expenses. Work cannot begin until you have received an employment authorization card from USCIS. Students must see their advisor to complete the application process. Download the instructions and sample letter from UNO and Form I-765 from www.uscis.gov.

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Employment for J-1 Visa Holders

J-1 student employment: Students who have jobs or internships must get approval from the Responsible Officer (RO) or the Alternate Responsible Officer (ARO) before employment begins. This work must be reported to SEVIS and can be documented for only 12 months at a time. The name and address of the employer must be recorded, even for on-campus employment, as well as the number of hours per week and start and end dates. In addition, the RO or ARO must indicate if the work is on- or off-campus. This includes paid or unpaid jobs or internships.

Who is my RO? RO stands for Responsible Officer, and ARO stands for Alternate Responsible Officer. These are school or program officials who have authorization to access your information in SEVIS, the Student Exchange and Visitors System. If you hold a DS-2019 issued by UNO, both people are UNO international advisors. If your DS-2019 was issued by another agency, your international advisor can help you reach the RO who works with your specific program. Academic departments who wish to invite an exchange visitor as a Research Scholar, Professor, or Short-Term scholar must contact the RO or ARO at 402.554.2293, 241 ASH, to get an application form with detailed instructions.

J-1 academic training: Academic training with a J-1 visa differs somewhat from Optional Practical Training (OPT) offered to F-1 students. The work must be study-related and meet these conditions:

• • Your main purpose in the U.S. must be study, not academic training.
  • You must be in good academic standing.
  • The employment must be directly related to your field of study.
  • You must maintain J-1 status during the training and apply for extensions as necessary.
    • You must maintain health insurance for yourself and J-2 dependents during the training period.
• J-1 academic training also has certain limitations:

• • The regulations state that academic training can be authorized for "the length of time necessary to complete the goals and objectives of the training, provided that the amount of time ... is approved by (both) the academic dean or advisor and ... the responsible officer." It cannot go beyond "the period of full course of study," or 18 months, whichever is shorter. Doctoral students may take up to 36 months of academic training if it is required for the degree.
  • Part-time training counts against the total time allowed for full-time training.
  • Academic training following completion of study must be paid employment. Any prior periods of training from previous degrees will be counted against the total possible time granted.
  • Academic training is available before and after a J-1 student completes a study program. This allows J-1 students to work part-time while school is in session and full-time during vacation periods. Under certain conditions, a student may take a break from study to work full-time. Students working on a thesis may be able to take advantage of this option.
• J-1 Academic Training Application Process

• The following must be completed prior to the expiration date on the DS-2019. Plan ahead!

  Provide a copy of the employment offer from your prospective employer to the RO or ARO for the J-1 program at UNO.

  Submit a letter of recommendation from your academic advisor. It should include:

• • The objectives of your training program.
  • A description of the training program, including location, name and address of the training supervisor, number of hours per week, and training dates.
  • How the training relates to your field of study.
  • Why it is an integral part of your academic program.
  • Verification that you have adequate funds to support yourself during the training period. If you plan to use your salary to support yourself, salary information should be included in the letter from your prospective employer.

• Note that in some cases, internships for credit with or without pay must be documented as "Academic Training" and receive prior approval from RO.

• For more information, please make an appointment to meet your international advisor.

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Social Security Number

If you are enrolled full-time, hold an F-1 or J-1 visa, and have a job offer, you can apply for a Social Security number.

Follow these steps to apply for a Social Security number:

1. If you are a new student or scholar, be sure to complete the check-in process in iGlobal to be registered or active in SEVIS.
2. Next, log in to iGlobal, go to Letter Requests, and submit the Social Security Number Letter Request. On this e-form, you will upload your offer letter.
3. Within a few days, your letter and further instructions will be emailed to you. For more information, check out www.ssa.gov.

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Filing for Taxes

UNO will provide tax guidance for international students each year in the spring; this information will be provided by email to all enrolled international students. Most international students are non-residents for tax purposes. UNO coordinates their tax guidance and any assistance with the U.S. Internal Revenue Service (IRS) and the Nebraska Department of Revenue.

All international students and their dependents who were physically present in the United States in the previous year are required to complete the simple form 8843, even if they earned no income. All students who earned income in the previous year are required to report earnings to the IRS and state government.

April 15 each year is the deadline for filing tax forms.

Commonly Used Tax Documents

Get up-to-date U.S. tax forms at www.irs.gov:

• Form 8843 for exempt individual
• Form 1040NR for students considered non-residents for tax purposes
• Form W-7 for taxpayer ID number
• Form 843 for refund requests
• Form 8316 for a refund of Social Security and Medicare taxes held in error

Get up-to-date Nebraska tax forms at www.revenue.state.ne.us:

• Form 1040N for individual return
• Form 1040N Schedules I for adjustment to income
• Form 1040N Schedules II and III for crediting tax paid to another state

IRS Publication 519: U.S. Tax Guide for Nonresidents

IRS Publication 901: U.S. Tax Treaties

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Travel by F-1 and J-1 Visa Holders

Follow these steps if you are traveling outside the United States and returning on your F-1 or J-1 visa:

1. At least two weeks prior to departure, login to iGlobal and submit a request for an I-20 updated with a travel signature for re-entry. Your request will be reviewed within a few days.
2. You may also request a visa support letter from International Advising if your visa has expired. You can remain in the United States on an expired visa with no penalty. A visa is used for entry into the United States and is required for re-entry. If your visa has expired, you will need to show financial documentation at your visa renewal interview. If your sponsor has changed, please provide an updated UNO Financial Affidavit and bank document so that your Form I-20 can be updated before you travel. Make an appointment at the U.S Consulate in your home country so that your visa can be renewed in time to return to classes.

If planning to re-enter more than five months after your departure, you will need a new SEVIS record/Form I-20, a new SEVIS fee payment, and a new visa.

Travel During OPT

To travel, students on OPT should have proof of employment, their EAD card, passport, form I-20 endorsed for travel, and valid visa. If your F-1 visa has expired, speak to an international advisor before making travel plans. It is more difficult to obtain an F-1 student visa while on practical or academic training, as the issue of intent to return to your home country is harder to prove once you have finished your degree and are working in the United States.

If you are not planning post-completion Optional Practical Training or academic training, traveling outside of the United States after graduation is not possible. F-1 students have a 60-day grace period after completing a degree, and J-1 students have a 30-day grace period. This period of time is meant for you to make plans to leave the United States. You can travel within the United States, but if you leave and re-enter, you may not return as an F-1 or J-1 student.

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Reinstatement to F-1 Status

Failing to comply with immigration regulations will result in the loss of student status. Any student who is out of status with immigration loses all benefits of the student visa status such as on-campus employment. Deportation is also possible. Applying for reinstatement is time-consuming, costly, and risky.

Because this is a very serious matter, a student who falls out of status must be sure to make an appointment with an international student advisor immediately. An advisor can explain how to be reinstated to F1 status through application to the USCIS or by re-entry to the US.

Applying for reinstatement through the USCIS must be done as soon as possible and no later than five months after the status violation. The student should apply for reinstatement early to make approval more likely. While applying for reinstatement, a student must have all tuition fees paid and enroll in classes full-time.

The following documentation is required to receive an I-20 for reinstatement:

• The UNO financial affidavit form completed by the student and sponsor.
• Supporting financial documentation showing funding for at least one academic year. Bank documents must be recently dated and can be original or photocopies.

The following documentation is to be sent to USCIS for your request for reinstatement:

• A copy of the financial affidavit submitted for the I-20.
• A copy of the supporting financial documentation submitted for the I-20.
• Completed form I-539. Available at www.uscis.gov.
  • When signing, be sure to use a wet/original signature. USCIS does not accept electronic signatures on the I-539 form.
  • Reinstatement to F-1 status" should be written in Part 2, item 1, and the word "Reinstatement" should be written at the top of the I-539 form in red.
• Personal check, money order, or cashier's check made out to US Dept. of Homeland Security for the processing fee plus the biometrics fee. The current fee is available on www.uscis.gov.
• A copy of the SEVIS form I-20, issued for reinstatement.
• A letter from the student explaining the situation and requesting reinstatement.
• A letter from the international student advisor explaining the situation.
• A copy of the passport ID page.
• A copy of the U.S. visa stamp in the passport.
• Your most recent I-94 which is available here: https://i94.cbp.dhs.gov/
• Any documentation that might help establish the nature of the status violation, to document that the violation occurred less than five months ago.

Please note that approval is not guaranteed. Current processing times for USCIS can be found here: https://egov.uscis.gov/processing-times/.

If the reinstatement application is approved, the student is back in F-1 legal status with F-1 benefits upon receiving an approval notice from the local USCIS office.

If the reinstatement is denied, the student's visa used to enter the United States is automatically canceled. The student is permanently limited to applying for non-immigrant visas in the future only in the country of citizenship or permanent residency. The student begins to accumulate days of "unlawful presence." If the student remains in the United States after the denial for more than 180 days, he or she would be barred from returning for three years. If the student remains in the country after the denial for one year or more, he or she will be barred from returning to the United States for 10 years.

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Changing to F-1 Visa Status

Individuals in the United States on other visa types sometimes desire to change their status to F-1. To apply for a change of status, the applicant must be admitted to a degree-seeking program at UNO. Changing status to F1 can be done by application to USCIS or by re-entry to the United States. The information below is for the students who plan to change status by application to the USCIS. After being admitted to a degree-seeking program, the applicant should schedule an appointment with an international advisor to determine eligibility and assist with the application process.

The following documentation is required to receive an I-20 for the change of status:

• The UNO financial affidavit form completed by the student and sponsor.
• Supporting financial documentation showing funding for at least one academic year. Financial documentation must be recently dated and can be original or photocopies.

After receiving the I-20, pay the SEVIS fee here: https://www.fmjfee.com/i901fee/index.html

The following documentation is to be sent to USCIS for your request to change status:

• A copy of the financial affidavit submitted for the I-20.
• A copy of the supporting financial documentation submitted for the I-20.
  • For USCIS, the international office advises applicants to send more financial documentation such as three months of bank statements, three months of pay stubs of the sponsor to prove funding for the F1 full-time study.
• Receipt showing the SEVIS fee payment.
• Completed form I-539. Available at www.uscis.gov.
  • When signing, be sure to use a wet/original signature. USCIS does not accept electronic signatures on the I-539 form.
• Personal check, money order, or cashier's check made out to US Dept. of Homeland Security for the processing fee plus the biometrics fee. The current fee is available on www.uscis.gov.
• A copy of your initial - change of status SEVIS Form I-20; be sure to sign the I-20.
• A copy of the passport ID page.
• A copy of the U.S. visa stamp in the passport.
• Your most recent I-94 which is available here: https://i94.cbp.dhs.gov/
• A copy of any other current immigration status documents.
• A copy of spouse's immigration document, if applicable.
• Optional: A letter explaining reasons for the change is helpful, but not required.

Please note that approval is not guaranteed. Current processing times for USCIS can be found here: https://egov.uscis.gov/processing-times/.

Anyone whose current visa status prohibits study must have the change of status approval before beginning study.

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F-2 Visa Holders (dependents of F-1 visa holders)

F-1 visa holders may have dependents with them in the United States. Dependents should purchase UNO health insurance immediately upon arrival. F-2 visa holders cannot work in the United States. F-2 visa holders may study at UNO or ILUNO on a part-time basis. UNO defines part-time study as the following:

• ILUNO – Less than 18 clock hours per session
• Undergraduate – Up to 9 credit hours per semester
• Graduate – Up to 6 credit hours per semester

Dependents wishing to engage in full-time study must change their status to F-1. The change of status application must be approved before enrolling full-time at UNO. Information on changing status within the United States can be found in the previous section above.

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Transferring to Another School

Follow these steps to transfer to another school:

1. Notify your international student advisor of your intent to transfer to another school.
2. Apply to the school. Most schools have a transfer form that your international student advisor will need to complete verifying that you are in good academic and immigration standing.
3. Once you have been admitted, make an appointment with an international student advisor. Provide the advisor with proof of your admission to the new school and decide on a date for your SEVIS record to be released to your new school.
4. When you arrive at the new school, you must process your new I-20 from the new school within 15 days.
5. If you are traveling out of the country and there is less than five months between transferring schools, please inform both schools of your travel plans and be sure to re-enter the country with a transfer pending form I-20 from the school that you plan to attend.
6. If you are traveling out of the country and there is more than five months between transferring schools, please inform both schools of your travel plans and re-enter the country with an initial form I-20 from the school that you plan to attend.
7. Students in the Intensive Language Program (ILUNO) enter the program at various times during the year. ESL students must present to an international advisor their intent to transfer out prior to the end of a session- followed by an admission letter to start ESL or university study at the next session or semester immediately following the ILUNO session.

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