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Recent Guidance from USCIS on a University's Obligation to Check F-1 Workers Continued Employment Authorization

December 12, 2011

 

We recently received the following guidance from U.S. Citizenship and Immigration Services ("USCIS")  on a college/university’s obligation to check the continued employment authorization of its F-1 students working on campus:


It is the responsibility of each university to create a business process to monitor whether students engaging in on-campus employment continue to be enrolled on a full-time basis and are maintaining their F-1 nonimmigrant status, and that the Designated School Official reviews SEVIS records periodically to ensure that SEVIS is updated as required by regulation.  Every term a student’s SEVIS record should be updated to reflect whether or not the student continues to be enrolled, showing maintenance or non-maintenance of status and thus qualification for employment, as applicable. Other reporting requirements may apply.  For more information on the SEVIS reporting requirements, follow this link to ICE’s website for a Fact Sheet on SEVIS http://www.ice.gov/sevis/factsheet/061605dsoreporting.htm.

 

Pat Mack
Corporate Immigration Attorney
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