SEVP Basics: Part Three

Purpose of the Form I-539

A nonimmigrant files the Form I-539. Application to Extend/Change Nonimmigrant Status, with USCIS to: Change their nonimmigrant status (change their class of admission) Apply for reinstatement if they have fallen out of F-1 or M-1 status. M-1 nonimmigrant students also file Form I-539 to: Extend their M-1 stay in the U.S. Transfer to another SEVP-certified school Review the Form I-539 by visiting the Study in the States page. (https://studyinthestates.dhs.gov/2013/07/what-form-i-539)

Noncompliance Termination Procedure

Any F-1 or M-1 nonimmigrant student that fails to comply with the conditions of the Form I-515A within 30 days will receive an "Intent to Terminate" notice. Visit the ICE website to learn more about the Form I-515A, "Notice to Student or Exchange Visitor" Noncompliance Termination Procedure. (https://www.ice.gov/doclib/sevis/pdf/i515a.pdf)

Who completes the Form I-983?

DHS requires the STEM OPT student and employer work together to complete the Form I-983. The completed Form I-983 should show the connection between the: STEM OPT opportunity Academic degree received F-1 nonimmigrant student's learning objective Select each item below to learn more about the responsibilities for completing the Form I-983. Student: https://studyinthestates.dhs.gov/stem-opt-hub/for-students/students-and-the-form-i-983 Employer https://studyinthestates.dhs.gov/stem-opt-hub/for-employers/employers-and-the-form-i-983

Reporting Student Information Updates

DSOs must also report F-1 and M-1 nonimmigrant student personal and financial changes in their SEVIS records. This must happen within 21 days of the change. Visit Study in the States to learn more about the steps to update Personal Information. (https://studyinthestates.dhs.gov/sevis-help-hub/student-records/update-student-records/personal-information)

The DSO and the Form I-983

DSOs use the Form I-983 to recommend the STEM OPT extension and to enter the student's STEM OPT information in SEVIS. DSOs must: Review the Form I-983 to ensure that it is complete and signed and addresses all program requirements Keep the completed Form I-983 and self-evaluation in the student's school record. Review the Study in the States DSOs and the Form I-983 page for detailed information on the role of the DSO regarding the Form I-983. (https://studyinthestates.dhs.gov/stem-opt-hub/for-schools/dsos-and-the-form-i-983)

Type of Employment Available for F-1 and M-1 Nonimmigrant Students

Employment opportunities and restrictions differ for F-1 and M-1 nonimmigrant students. For more information on F-1 and M-1 nonimmigrant student employment, visit the Study in the States Student Employment Overview page. (https://studyinthestates.dhs.gov/sevis-help-hub/student-records/fm-student-employment#process_overview_applications_filed_with_uscis)

Types of F-1 Nonimmigrant Student Employment

F-1 nonimmigrant students may be eligible for: On-campus Employment CPT OPT Off-Campus Employment (due to emergent circumstances) Internship with an International Organization. For information on F-1 nonimmigrant student employment and internship guidelines, need the ice.gov SEVP Employment page. (https://www.ice.gov/sevis/employment)

The Purpose of the Form I-515A

If an F-1 or M-1 nonimmigrant student arrives at the U.S. port of entry without all required documentation, the CBP officer may deny entry into the U.S. At the discretion of the CBP officer, a nonimmigrant student may be allowed temporary entry into the U.S. by issuing a Form I-515A. The form is a checklist that describes exactly what is missing or incomplete in the student's paperwork, and tells the nonimmigrant what action to take to correct the situation. Review the Study in the States page for more information about the Form I-515A. (https://studyinthestates.dhs.gov/2013/01/what-form-i-515a).

Employment available for M-1 Nonimmigrant Students

M-1 nonimmigrant students are eligible only for practice training. For more information on practical training, its duration limits, and key filing dates, read the M-1 Practical Training page on Study in the States. (https://studyinthestates.dhs.gov/sevis-help-hub/student-records/fm-student-employment/m-1-practical-training)

Change of Status

Nonimmigrants in the U.S. in a class of admissions other than F-1 or M-1 who want to study full-time must apply for a Change of Status to F-1 or M-1 status. Review the Change of Status process by visiting the Study in the States page. (https://studyinthestates.dhs.gov/students/complete/change-of-status)

Field Representatives

SEVP Field Representatives act as liaisons between SEVP and SEVP-certified schools. If DSOs cannot find answers on the Study in the States website or the SEVIS Help Hub, they can contact their field representative for more information. Review the Study in the States SEVP Field Representatives page for detailed information on field representatives. (https://studyinthestates.dhs.gov/schools/apply/sevp-field-representatives)

Stakeholders

SEVP has many stakeholders including: F-1 and M-1 nonimmigrant students PDSOs and DSOs Government users Law enforcement

Recordkeeping Regulations

SEVP-certified schools must keep certain records for their F-1 and M-1 nonimmigrant students. Federal regulations require these schools to keep the records from the point of Form I-20. Certificate of Eligibility for Nonimmigrant Student Status issuance until at least three years after the nonimmigrant student is no longer in active SEVIS status at the school. Review the ICE website for detailed information on the 8 CFR 214.3(g) regulations. (https://www.ice.gov/sevis/schools/reg#2143g)

Online Resources

Stakeholders can find the following resources about SEVP and SEVIS: Study in the States is a DHS site. It provides a variety of resources that explain the regulations and processes governing SEVP-certified schools and international students in the United States. (https://studyinthestates.dhs.gov/) The SEVIS Help Hub is a central location within Study in the States for school officials to find articles and help tutorials related to SEVIS processes and reporting requirements. (https://studyinthestates.dhs.gov/sevis-help-hub) The ICE Student and Exchange Visitor Program websites also provides information, resources, and other assistance in relation to SEVP and SEVIS. (https://www.ice.gov/sevis)

The Form I-983 Training Plan for STEM OPT Students

Students must complete and submit the Form I-983, Training Plan for STEM OPT Students, when applying for the 24-month STEM OPT extension. This form details the STEM OPT student's formal training plan. It states the student's learning objectives and the employer's commitment to helping the student achieve them. Review the Study in the States Form-I983 Overview page for more information on the Form I-983. (https://studyinthestates.dhs.gov/stem-opt-hub/additional-resources/form-i-983-overview) Use this link to view the Form I-983 as a PDF. (https://www.ice.gov/doclib/sevis/pdf/i983.pdf)

Reporting Academic or Vocational Program Events

The DSO must report certain events during an F-1 or M-1 nonimmigrant student's program: Registration: Initial and active. Change to academic or vocational program information Changes to academic or vocational program timelines (including SEVIS termination) For information on typical academic or vocational program reporting events, see Study in the States Reporting Events on the Form I-20. (https://studyinthestates.dhs.gov/assets/pdf/SEVP_SingleSheetTrainingAids_Redesign_15.pdf) Review the information on initial and active nonimmigrant student registration at the SEVIS Help Hub Registration article. (https://studyinthestates.dhs.gov/sevis-help-hub/student-records/manage-program-dates-registration-and-course-load/registration) Review the information on reporting a reduced course load, see the SEVIS Help Hub Reduced Course Load article. (https://studyinthestates.dhs.gov/sevis-help-hub/student-records/manage-program-dates-registration-and-course-load/reduced-course) Review the information on updating program information, see the SEVIS Help Hub Program Information article. (https://studyinthestates.dhs.gov/sevis-help-hub/student-records/update-student-records/program-information)

Contact the SEVP Response Center

The SRC provides case-specific information and SEVIS technical assistance. Review the Study in the States Contact Us page for information about contacting the SRC. (https://studyinthestates.dhs.gov/contact-us)

Types of SEVIS Reporting Requirements

There are two types of nonimmigrant student information DSOs must report to maintain F-1 and M-1 nonimmigrant students SEVIS records: Academic or vocational program events Student information updates Review the SEVIS Reporting Requirements chart for more information about SEVIS events and reporting time limits. (https://www.ice.gov/sevis/dso-requirements)