From: xiong@bsu-cs.bsu.edu (Bo Xiong)
Subject: [Info] Q&A: The Rules on F-1 Student Employment & Practical Training
Organization: Indiana University
Date: Sat, 22 Aug 1992 03:59:49 GMT

The following is carried in August 22's CND-US:

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2. Q&A on the Rules on F-1 Student Employment and Practical Training ....103
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From: Amy Yenkin, NAFSA Central Office, forwarded by Bo Xiong
Source: NAFSA Communication Network, August 18, 1992

On July 20 the Immigration and Naturalization Service (INS) published an
interim final rule on F-1 student employment and practical training.  The
following are some answers to the most frequently asked questions.  Most
questions stem from reading the new rule without the October 29, 1991 rule;
the two rules must be read together for a complete understanding of the new
procedures.

Q: How long does an F-1 student have to be enrolled before beginning
practical training?

A: The regulations at 8 CFR 214.2(f)(10) [October 29, 1991] state that
"practical training is available to F-1 students who have been lawfully
enrolled on a full-time basis in a Service approved college, university,
conservatory, or seminary for at least nine consecutive months."

Q: How many months of optional practical training is available to F-1
students?  Is precompletion practical training deducted from post completion
practical training?  

A: In the new rule, INS has combined precompletion and post completion
practical training into optional practical training.  Both of the previous
categories now comprise optional practical training.  THE TOTAL AMOUNT OF
OPTIONAL PRACTICAL TRAINING AVAILABLE IS TWELVE MONTHS.
 
Optional practical training includes training: 1) during the student's
annual vacation and at other times when school is not in session if the
student is currently enrolled and intends to register for the next term of
the session; 2) while school is in session, provided that practical training
does not exceed twenty hours a week; 3) after completion of course
requirements (but before completion of a course of study), excluding a
thesis or the equivalent, if the student is in a bachelor's master's, or
doctoral degree program; and 4) after completion of the course of study.

Q: What if a student used precompletion practical training before the F-1
regulations were changed last fall?  How will this impact the amount of
optional practical training remaining?

A: The INS office in Indianapolis, under guidance received from INS
headquarters in Washington, recently refused a request for optional
practical training based on usage of precompletion practical training under
the old regulations.  Although no formal statement has been issued, it
should be noted that INS officials have stated that any precompletion
practical training previously used will be deducted from the twelve months
of optional practical training available under the new regulations.  INS
anticipates strong objection to this decision and welcomes any arguments to
the contrary.

Q: What should DSOs write on the I-538 to certify for employment based on
economic hardship?

A: On the front page of the form I-538 under section 9, DSOs should write
the following after "Check one:" Severe Economic Hardship Authorized i/a/w
8CFR 214.2(f)(9)(ii)(C) until [date].  (I/A/W stands for in accordance
with.)

Q: What is the application period for applying for optional practical
training after completion of a course of study?

A: Because the new F-1 regs were written very hurriedly, sections of the
October 29 regs were removed and not replaced in the new regs.  If you look
at the two sets of regulations together, you will notice that the paragraph
which stipulates the application period for practical training is now
missing.  What remains can be found in paragraph 8 CFR 214.2(f)(11): "An F-1
student must apply for the EAD on form I-765 at the Service office having
jurisdiction over his or her place of residence during the same 120 day
period when the DSOs are authorized to recommend practical training."

Unfortunately, in no other place is the 120 day period defined.  This error
will more than likely be corrected when INS publishes a final rule.  For
this reason, DSOs should continue the procedure of recommending optional
practical training 90 days before or thirty days after completion of a
course of study.

Q: If a student has completed all course requirements (excluding thesis),
can the DSO recommend full time optional practical training while school is
in session?

A: The regulations for optional practical training state only one case when
optional practical training must be part time: "when school is in session,
provided that practical training does not exceed twenty hours a week while
school is in session." The three other options, including the case in
question, do not stipulate whether optional practical training must be part
time.

Q: How are PRC students who fall under the Executive Order affected by the
new rule?

A: As you may remember, after the October 29 F-1 rule was published, PRC
nationals in F-1 status who fell under the terms of the Executive Order and
wanted to begin or extend off-campus employment had to apply for
authorization under the pilot program.  The reasoning was found in a May 7,
1990 cable from INS which stated: "The Executive Order on PRC nationals is
implemented administratively within the framework of the existing
regulations.  Except where special exemptions have been instituted,
nonimmigrant PRC nationals [including F-1 students] are still bound by the
regulations governing their respective classifications."  Because the
October 29 regulations eliminated economic hardship from the regulations,
PRC students were forced to apply for employment authorization either
through the pilot program or by applying for a deferral of enforced
departure.  Happily, now that economic hardship has been reinstated, PRC
nationals who fall under the Executive Order can apply for off- campus
employment under the terms of the new regulations for economic hardship.

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