Organization: Arizona State University
Date: Friday, 21 Aug 1992 16:55:00 MST
From: <ASRPA@ASUACAD.BITNET>
Newsgroups: soc.culture.nepal
Subject:    New F-1 Rules

FROM:     Amy Yenkin, NAFSA Central Office
RE:       Clarification of New F-1 Rule (NAFSA Update No. 189)
DATE:     August 18, 1992


As you know, on July 20 the Immigration and Naturalization
Service (INS) published an interim final rule on F-1 student
employment and practical training.  In the month following the
publication of the new F-1 rule, many questions have come over
bitnet and across NAFSA's government relations desk from those
seeking clarification of the new procedures.  What follows 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.


QUESTION:  How long does an F-1 student have to be enrolled
before beginning practical training?
ANSWER:  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."

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

QUESTION:  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?
ANSWER:  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, NAFSA members should be aware 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.

QUESTION: What should DSOs write on the I-538 to certify for
employment based on economic hardship?
ANSWER:  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.)

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

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

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


REMEMBER:  Comments on the interim final rule are due by
September 18.  Comments can be sent in triplicate to the Records
System Division, Director, Policy Directives and Instructions
Branch, Immigration and Naturalization Service, 425 Eye Street
NW, Room 5304, Washington, DC  20536, Attn: INS # 1458-92.
Please also send a copy of your letter to NAFSA's government
relations department at 1875 Connecticut Avenue NW, Suite 1000,
Washington, DC  20009.  NAFSA will be drafting a formal
association response and will circulate a copy of the letter over
inter-l before the September 18 due date.