Failing to maintain legal status, especially regarding full-time enrollment and employment, has very serious consequences.
Full-time Enrollment – How Enrollment is Monitored for SEVIS Reporting
As stated in The Regulations, you must register for, attend and complete a minimum of 3 course credits each term: By the third week of term, the ISA gets a report from the Registrar on the enrollment status of each F-1 student and updates SEVIS records accordingly. If you are not enrolled as required, the ISA will contact you to determine if there is a problem and encourage a resolution before the reporting deadline.
In addition, your enrollment is continually monitored by the Registrar and any drops during the term that put you below 3 course credits is automatically reported to the International Student Services Office.
Talk to ISA Before Dropping a Class
Before you drop a class and drop below 3 credits, it is imperative that you contact the ISA. The ISA needs to know what is happening, any issues you are having - personal or academic - that are causing you to consider dropping below 3 course credits and what plans you may have to correct the problem. There are a few remedies provided for in the regulations. One of those might help you to stay in status. The ISA can explain and assist.
Consequences of Dropping Below Full Enrollment
By dropping below 3 credits, you have violated your immigration status in the United States. You are then “Out-of-Status". Upon receiving notification that you are below the minimum credits required, the ISA is obligated to Terminate your SEVIS record for an Unauthorized Drop Below Full Course.
When your SEVIS record is terminated
- You are not permitted to work on campus or engage in any internship or SURP
- You begin to accrue “Unlawful Presence”
- You are not be able to return to the U.S with your present SEVIS record and I-20*
Upon termination of your SEVIS record, you would begin to accrue daily “unlawful presence” (ULP). If you were to accumulate 6 months (180 days) of ULP, you would not be permitted to reenter the U.S. (after a departure) for three years. Obviously, this would be a major disruption of your education.
To avoid accumulating ULP, the regulatory guidance is that you should file an application for Reinstatement to USCIS as soon as possible after the record is terminated. However, such applications cost $370 and the processing time is 8 – 12 months, well after the date you would probably depart the U.S. for vacation. Upon departure, the application is considered to have been abandoned and would not be adjudicated. Moreover, the fee is not refunded. You would no longer be in danger of accruing ULP, but there would be an unresolved out-of-status period of time on your record which could impact your eligibility for future benefits – a work visas, a green card.
In order for you to return to the U.S. for the following term, a new SEVIS record would have to be created by the ISA You would have to pay a new SEVIS fee of $200 (though it could be quite a bit more as a substantial increase has been proposed). In addition, you would encounter additional questioning at the Port of Entry upon return because of having a previous SEVIS record terminated for a violation.
Employment Violations
- Working without authorization
- Exceeding the on-campus employment limit of 20 hours work per week
Unfortunately, Reinstatement is not possible after an employment violation. Departure and re-entry with a new SEVIS record is the only course of action available to re-acquire legal status. Again, returning with a new SEVIS record does not wipe out a previous violation. It merely allows you to begin a new period of legal status.