From: svenkata@nyx.cs.du.edu (svenkata)
Subject: U.S. INS New Interim Final Rule on F-1 Employment & P.T.
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Reply-To: sridhar@enuxhb.eas.asu.edu
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Date: Thu, 23 Jul 92 16:42:41 GMT

[Forwarded with permission]

The following is carried in July 21's CND-US.

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3. New Interim Final Rule on F-1 Employment & Practical Training..........86
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From:  Bo Xiong, 7-20 
Source: NAFSA Update No. 187, 7-20

The Immigration and Naturalization Service  (INS)  published  today  a  new
interim  final  rule on F-1 student employment and practical training.  The
rule was published in the Federal Register (p.   31954)  and  is  effective
immediately.   Comments  are  being  accepted  until September 18, 1992.  A
brief summary of the rule follows.  Complete details can be  found  in  the
July  issue of the Government Affairs Bulletin and in the next issue of the
NAFSA Newsletter.

Employment Based on Economic Hardship

According to the new rule, if other employment opportunities are not avail-
able  or  are  otherwise insufficient (i.e. on campus employment, the pilot
program), F-1 students  are  eligible  for  off-campus  work  authorization
caused  by  unforseen  circumstances  beyond the student's control. The new
rule requires that a student make a good faith effort to locate  employment
either  on  campus or through the pilot program before applying to the Ser-
vice for employment based on economic hardship.  In  the  preamble  to  the
rule,  INS  suggests  that students use the following approach to meet this
requirement.  A student should consult with his or  her  Designated  School
Official  (DSO) to determine whether there are any employment opportunities
available either on campus or under the pilot program.  If  both  types  of
employment  are  unavailable,  the  DSO's  certification  on the I-538 will
satisfy this requirement.  In areas where there are pilot program opportun-
ities, the requirement is satisfied if the DSO certifies on form I-538 that
oppotunities under the pilot program are insufficient to meet the student's
needs.

Students requesting employment based on  economic  hardship  will  have  to
apply  for  an employment authorization document (EAD) on Form I-765 at the
INS office having jurifiction over their place of  residence.   Form  I-538
(the DSO certification) and the I-20 ID should accompany the I-765 applica-
tion.  There is a $60 fee for this request.  Please note that  t  DSO  will
not endorse the Form I-20 ID.

Optional Practical Training

In the new rule, INS has combined precompletion and post completion practi-
cal  training into optional practical trining.  Curricular practical train-
ing remains a separate category of practical training.

An F-1 student may apply to the  Service  for  authorization  for  optional
practical training directly related to the student's major area of study in
the following cases:  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  com-
pletion 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.

To recommend a student for optional practical training, the DSO  must  cer-
tify  on form I-538 that the proposed employment is directly related to the
student's field of study and commensurate with  the  student's  educational
level.   The  DSO  must  also  endorse  the  student's I-20 ID to show that
optional practical training in the student's field of study is  recommended
"full time (or part time) for (date) to (date)."  The DSO should return the
I-20 ID to the student and send the I-538 to the  student  data  processing
center in Kentucky.  All students pursuing optional practical training must
apply to INS for an EAD under the procedure used preously for post  comple-
tion practical training.

Optional practical training is limited to 12 months.   Part  time  optional
practical  training,  20 hours per week or less, shall be deducted from the
available optional practical training at one- half the full-time rate.   As
in  the previous regulations for post completion practical training, a stu-
dent must complete all practical training within a 14 month period  follow-
ing the completion of study.

Comments on the interim rule can be sent in triplicates to the Records Sys-
tem Division, Director, Policy Directives and Instructions Branch, Immigra-
tion and Naturalization Service25 Eye Street, NW, Room 5304, Washington, DC
20536.   Please  reference  INS  number 1458-92 on comment letters.  Please
also send a copy of your comment letter  to  NAFSA's  government  relations
department, 1875 Connecticut Ave, NW, Suite 1000, Washington4 DC  20009.


Forwarded to SCC by Bo Xiong in Chicago


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