Immigration Information for
International Students and Scholars
Immigration
Issues
Basic
Travel Documents
Taxes
and Social Security Number
Some
Useful Websites
(The following is an overview of issues you should be aware
of regarding your obligations as a U.S. visa holder. This
information should not be seen as individual legal advice.
Immigration laws are highly complex and technical; any legal
issues should be reviewed with your international student
advisor or a qualified immigration attorney.)
Immigration Issues
Like all countries of the world, the United States has laws
and regulations governing foreigners living temporarily within
its boundaries. These regulations may sometimes seem confusing.
Your school’s international student advisor will help
you understand these regulations, fulfill your legal obligations
and maintain legal “nonimmigrant” (temporary resident)
status while in the U.S. Be aware that failure to maintain
legal nonimmigrant status will have serious and unfavorable
consequences. The following is a summary of essential responsibilities
that you, as a nonimmigrant student, scholar or exchange visitor,
are responsible for carrying out with respect to U.S. immigration
law and regulations. Note that rules and regulations are subject
to change and it is your responsibility to keep abreast of
any changes that do occur. Make sure to heed updates posted
by your international student advisor.
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Keep your passport valid for up to six months in the
future. |
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Keep your Certificate of Eligibility (Form I-20 or DS-2019)
valid at all times. |
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If you are a student, maintain full-time enrollment
during the academic year. |
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Apply for any necessary extensions of stay at least
30–60 days before your present Certificate
of Eligibility (Form I-20 or DS-2019) expires. |
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Do not begin any type of employment (on
or off campus) without consulting with your international
student advisor. (Note: Most authorized employment on
or off campus is limited to 20 hours per week while school
is in session.) |
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Do not engage in off-campus employment
without obtaining appropriate work authorization from
the United States Citizenship and Immigration Service
(USCIS). Your international student advisor can offer
advice on how to apply for the necessary authorization. |
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Do not travel outside the U.S., even briefly,
without asking your international student advisor to revalidate
your Certificate of Eligibility (Form I-20 or DS-2019).
Your international student advisor will also be able to
advise you on other documents that you will need to take
with you in order to leave and re-enter the U.S. with
ease. |
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Complete all required income tax forms and pay taxes
due. (Note: All international students—whether they
have earned money or not—are required to file income
tax forms.) |
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Give truthful answers to any questions asked on Immigration
forms or by an Immigration official. |
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Always notify your international student advisor and
obtain any necessary authorizations before changing your
program of study and/or transferring to another academic
institution. |
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Do not rely on immigration-related advice
from newspapers, friends, web pages, or “chat corners.”
Always consult your international student advisor first.
If your international student advisor is unable to help
you, he/she will refer you to an appropriate resource. |
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Immediately upon your arrival on campus, have your international
student advisor check your travel documents. Immigration
inspectors sometimes make mistakes—your advisor can
help you correct an error. |
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If you change your place of residence, inform your international
student office and the campus registrar’s office
of your new address and telephone number within 10 days
of the change. |
The Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (IIRIRA) was signed into law by President
Clinton on September 30, 1996. The law has little effect on
international students and scholars who have maintained legal
status in the U.S. However, there are serious consequences
for nonimmigrants who violate immigration rules even in minor
ways, particularly for those who stay in the U.S. beyond the
authorized period of stay. These consequences include being
barred from entering the United States for up to 10 years.
Your international student advisor is an important source
of information and guidance during your academic career in
the U.S. Remember, immigration rules and regulations are complex
and change frequently — consult with your international
student advisor on a regular basis and whenever you have any
questions.
Adjudication of U.S. immigration laws and regulations is
the responsibility of United States Citizenship and Immigration
Services (USCIS). USCIS is a part of the U.S. Department
of Homeland Security (DHS); its headquarters are located in
Washington, D.C. For administrative purposes, USCIS has a
number of bureaus and regional and district offices.
The address of the USCIS district office that has jurisdiction
over New York City’s boroughs and neighboring northern
counties of New York State is:
U.S. Citizenship and Immigration Services
New York City District Office
26 Federal Plaza New York, NY 10278
(800) 375-5283
In New Jersey:
U.S. Citizenship and Immigration Services
Newark District Office
970 Broad Street
Peter Rodino, Jr. Federal Building
Newark, NJ 07102
(800) 375-5283
Don’t make a trip to USCIS without first consulting
your school’s international student office. Personal
visits to USCIS (which involve standing in long lines!) are
rarely necessary as most USCIS applications are handled by
mail.
Basic Travel
Documents
If you plan to travel outside the United States, you should
consult with your international student advisor first in order
to make sure your travel documents are valid and in order.
(Reminder: Make photocopies of all your travel documents and
keep them in a safe place!) You will need to carry the following
documents in order to exit and re-enter the United States.
When you arrive at your U.S. “port of entry,” the
Immigration inspector will examine these travel documents
and determine whether you can be admitted into the U.S.:
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passport valid for at least the next six months
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valid Form I-20 or DS-2019 with current endorsement
by your international student advisor |
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valid U.S. entry Visa |
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I-94 card obtained from airline or at border crossing |
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proof of financial support |
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employment authorization card, if you have received
one |
Passport
You should keep your passport valid for a minimum of six months
into the future. Consult your country’s consulate or
embassy in the U.S. to renew your passport well in advance
of the expiration date. Consulate officials will tell you
what forms and fees, if any, are required for renewal. If
you are required to supply a letter affirming that you are
a matriculated, full-time student, you can request such a
letter from your campus registrar’s office.
Certificate
of Eligibility (Form I-20 or DS-2019)
This basic travel document is issued by the academic institution
which you will attend. The I-20 or DS-2019 form describes
(1) your school’s name, your degree program and your
field of study, (2) your program’s start date and your
expected date of completion, and (3) the means by which you
will finance your U.S. study. This document also establishes
your eligibility for such things as employment benefits and
re-entry permission after travel abroad. If you change your
degree program or field of study, you must apply to your international
student advisor for a new Certificate of Eligibility. If you
wish to transfer to a new school, you must instruct your current
international student advisor to release your Immigration
record to your new school and then obtain a Certificate of
Eligibility from the new school.
All I-20 and DS-2019 forms are now created in a U.S. Department
of Homeland Security database called the Student and Exchange
Visitor Information System (SEVIS). Your school has entered
your biographical information as well as information about
your academic program and financial resources into SEVIS and
continuously updates your record to account for any changes,
semester enrollments and special authorizations, including
employment authorizations. Your I-20 or DS-2019 form contains
a unique SEVIS number (starting with N and found in the upper
right corner) that stays the same as long as you maintain
continuously valid F-1 or J-1 immigration status.
You need to keep your copy of the I-20 or DS-2019 form in
a safe place with your passport and I-94 card. If you travel
outside the U.S., your international student advisor must
sign the back of your I-20 or DS-2019 form before you leave
to certify that you are enrolled and otherwise eligible for
re-entry in the same status. Be sure to pack your I-20 or
DS-2019 form in your carry-on bag when you leave the country.
Visa
A visa stamp, placed inside your passport by the U.S. consul
abroad, is needed to enter the U.S. Your visa shows the latest
date on which you can apply to enter this country and indicates
the kind of visa you have (usually F-1 or J-1 for students
or scholars).
Should you need to renew your visa in order to re-enter the
U.S. you will need to visit the U.S. consulate in your home
country or in another country to which you are traveling.
If you are not a resident of the country to which you are
traveling, first check with the country’s U.S. consulate
to make sure that they will accept your visa for processing.
Note: If you are traveling to a country other than your home
country, you may need an entry visa for that country. Contact
that country’s embassy or consulate for information.
It is not possible to renew an F-1 or J-1 visa while you
are within the borders of the U.S. (Note: Don’t worry
if your visa expires while you are in the U.S., as long as
your passport and certificate of eligibility are still valid.)
Visit your international student advisor well before you leave
the U.S. to make certain your travel documents are in order.
Form I-94
The I-94 card, issued to you upon arrival, shows that you
have been lawfully admitted to the U.S. and is usually stapled
onto the U.S. visa page of your passport. It contains an eleven-digit
identifying number, called your admission number, used by
the U.S. Department of Homeland Security to keep track of
your arrival and departure from the U.S. The I-94 card is
usually collected each time you depart from the U.S. and a
new one is issued upon re-entry, except in cases of trips
of thirty days or less to Canada, Mexico or the Caribbean.
I-94 cards issued to F-1 and J-1 visa holders usually do
not indicate an expiration date. Rather, student I-94 cards
simply indicate that the bearer may remain in the U.S. for
the “Duration of Status” (D/S). This means that
a student is authorized to remain in the U.S. while pursuing
the program of study described on his or her current I-20
or DS-2019 form. Students with I-94 cards marked “D/S”
need to obtain extensions only when their I-20 or DS-2019
form expires. Such extensions need to be authorized by your
academic advisor and processed by your international student
advisor well before your current expiration date. However,
if you have an I-94 card with a specific expiration date,
you must either leave the U.S. before the expiration date
or apply to USCIS for an extension of stay before the card
expires. Procedures for extending your stay vary according
to visa type. Consult your international student advisor for
specific instructions.
Proof of Financial Support
Proof of financial support for your studies can be (1) a letter
from a bank indicating the current balance in your bank account
or that of your sponsor, as well as the average balance in
the account during the previous year, (2) a completed affidavit
of support (USCIS Form I-134) from your sponsor, including
a notarized copy of his/her most recent federal income tax
return, or (3) a letter from a sponsoring agency outlining
details of their financial award to you. If you are receiving
any university funding, you should carry a letter outlining
this support. Also, if you have an on-campus job, you should
carry a letter from your employer stating the period of employment,
your weekly hours (20 or less during the academic year) and
your rate of pay.
Taxes and Social
Security Numbers
All international students and scholars must comply with federal,
state and local U.S. tax laws. This means that you must file
tax forms every year whether or not you have earned any money
in the U.S. Federal and state tax forms and instructions for
filing can be obtained from your international student office
on campus or directly from the Internal Revenue Service (IRS)
and state tax offices.
In the United States, there are three types of income tax:
federal, state and Social Security/Medicare (also called “FICA”–Federal
Insurance Contribution Act). These three taxes are also referred
to as “withholdings” because at each pay period,
a certain amount of tax is withheld from workers’ paychecks
for tax purposes. International students are usually exempt
from FICA or Social Security/Medicare withholdings during
their first five years in the U.S., but after this period
most are required to begin paying into the Social Security
system. If you are exempt from FICA, you should make sure
that your employer does not withhold Social Security/Medicare
(FICA) tax from your pay or stipend checks.
Social Security Number and Individual
Taxpayer Identification Number (ITIN)
If you are employed in the U.S. or receive a stipend from
your school, you are required to have a Social Security
number. The number is required for IRS reporting purposes.
Your international student advisor can assist you in obtaining
a Social Security number.
Students who are ineligible for a Social Security number
may be required to obtain an IRS Individual Taxpayer Identification
Number (ITIN). The ITIN is a nine-digit number issued by the
IRS for tax filing use only. Your international student advisor
can assist you in filing for an ITIN.
To obtain appropriate tax forms and publications, you may
contact the IRS directly:
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IRS Information (800) 829-1040
IRS Tax Forms and Publications Division: (800)
829-3676
w
ww.irs.gov
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For information about New York State taxes contact:
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The New York State Department of Taxation and Finance
Personal Income Tax Information Center: (800) 443-3200
www.tax.state.ny.us |
For information about New Jersey State taxes contact:
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The New Jersey Department of Taxation and Finance
Taxpayer Customer Service Center: (609) 292-6400
www.state.nj.us/treasury/taxation/ |
Some Useful Websites
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