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


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.

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Corporate Immigration Compliance Institute does not provide legal advice or engage in the practice of law. The information provided during training and included in the training materials is general information on the topics covered; it not intended to be a fully comprehensive analysis of the subjects addressed. If you have questions about specific applicability of laws, rules and regulations to your specific situation, or other questions of a legal nature, those questions should be directed to your legal counsel.

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