As an F-1 visa student in the United States, maintaining your status is crucial to continue studying and remaining in compliance with immigration regulations. However, unexpected circumstances can sometimes cause students to fall out of status. This blog provides an in-depth look at when F-1 students should seek reinstatement of status, who is eligible, and how to navigate the reinstatement process.
What Does It Mean to Fall Out of F-1 Status?
An F-1 visa holder falls out of status when they fail to comply with the conditions set by U.S. Citizenship and Immigration Services (USCIS) for maintaining their student visa. Common reasons include:
- Failure to enroll in a full course of study (without prior authorization from your Designated School Official (DSO)).
- Unauthorized employment (working without approval or exceeding work-hour limits).
- Exceeding the grace period after the completion of your program.
- Failure to request a timely program extension, if needed.
When you fall out of status, you are no longer legally allowed to remain in the U.S. as an F-1 student, and you risk being deported unless you take corrective action, such as applying for reinstatement.
When Should You Seek Reinstatement of Status?
You should seek reinstatement of status when you’ve fallen out of status but still wish to continue your studies in the U.S. It’s important to act quickly once you realize that you’re out of status. Reinstatement must be pursued in a timely manner to demonstrate to USCIS that the violation was unintentional and that you remain committed to your studies.
Common situations when you should seek reinstatement include:
- Dropping below full-time enrollment without prior approval.
- Failure to maintain valid F-1 documentation (such as an expired Form I-20 without applying for an extension).
- Neglecting to report to your DSO upon program completion or transfer.
If you do not apply for reinstatement and continue to remain out of status, this can have serious consequences, including the inability to re-enter the U.S. or apply for future visas.
Eligibility for F-1 Reinstatement
USCIS has specific criteria that determine whether an F-1 student is eligible for reinstatement. You may apply for reinstatement if you meet the following conditions, which are outlined at 8 CFR §214.2(f)(16):
1. Violation of status was due to circumstances beyond your control or circumstances that resulted from a failure to understand your responsibilities as an F-1 student.
- Examples of acceptable reasons include severe illness, an error by your school’s administration, or unforeseen circumstances.
- Circumstances beyond your control do NOT include violations such as willfully working without authorization.
2. You have not been out of status for more than 5 months prior to filing for reinstatement.
- If you have been out of status for more than 5 months, you must show that the delay in filing was due to exceptional circumstances or that reinstatement is in the interest of the U.S.
3. You are currently pursuing or intend to pursue a full course of study at the school that issued your new Form I-20.
- You must prove that you are either continuing your studies or are eligible to resume them as soon as possible.
4. You are not engaged in unauthorized employment.
- Unauthorized employment is a serious violation that generally disqualifies students from reinstatement unless there are compelling reasons (such as school error).
5. You have not otherwise violated U.S. immigration law.
- If you have violated other immigration laws, you may not be eligible for reinstatement and may need to consider alternative solutions.
6. You have maintained a clean immigration history, showing that you have consistently complied with the rules of your visa prior to the violation.
If you do not meet these criteria, reinstatement may not be an option, and leaving the U.S. to apply for a new F-1 visa may be necessary, but you should not do so until you speak with an immigration attorney.
Unauthorized Employment and Reinstatement of F-1 Status
Unauthorized employment is one of the most serious violations an F-1 visa student can commit, and it can have significant consequences for a student’s immigration status. For students who fall out of status due to unauthorized employment, reinstatement becomes much more difficult
In this section, we’ll explore what unauthorized employment means for F-1 visa students, how it affects eligibility for reinstatement, and what steps students can take if they’ve engaged in unauthorized work.
What is Unauthorized Employment?
Unauthorized employment refers to any work activity that is not explicitly permitted by U.S. Citizenship and Immigration Services (USCIS) under F-1 visa regulations. As an F-1 student, you are subject to strict employment rules. Some examples of unauthorized employment include:
1. Working off-campus without authorization
- Off-campus employment is only allowed under specific circumstances, such as Optional Practical Training (OPT), Curricular Practical Training (CPT), or through severe economic hardship authorization. Working off-campus without these approvals is a violation of status.
2. Exceeding on-campus work limits
- While F-1 students can work up to 20 hours per week on-campus during the academic term, working beyond this limit is considered unauthorized. You may work full-time during school breaks, but only if you remain within the on-campus employment rules.
3. Starting work before receiving authorization
- Even if you’ve applied for work authorization under OPT, CPT, or any other category, you cannot begin working until you’ve received explicit approval from USCIS or your Designated School Official (DSO). Starting work before authorization is granted counts as unauthorized employment.
How Unauthorized Employment Affects Reinstatement Eligibility
Engaging in unauthorized employment is a serious violation of F-1 status, and it has major consequences when applying for reinstatement. According to USCIS regulations, one of the core eligibility requirements for F-1 reinstatement is that the student "has not engaged in unauthorized employment."
This means that if you have worked without proper authorization, you face a challenge having your visa reinstated. USCIS views unauthorized employment as a willful violation of U.S. immigration laws, which complicates efforts to restore lawful student status.
Why is unauthorized employment such a severe violation?
- Intentional nature: Unauthorized employment is generally considered a willful act because students are expected to know the rules about working in the U.S. on an F-1 visa.
- Financial gain: Since the student benefits financially from unauthorized employment, this violation is treated with higher scrutiny than other minor infractions (e.g., falling below a full course load).
Exceptions and Considerations
While cases involving unauthorized work are challenging, there may be certain exceptions or mitigating circumstances that could work in your favor:
1. Unintentional Violations: If the unauthorized employment was the result of a misunderstanding, administrative error, or a situation beyond your control, you may be able to make a case for reinstatement. For example:
- Administrative mistake: Your DSO may have provided incorrect guidance or failed to inform you of your employment restrictions.
- Miscommunication: A work authorization request may have been filed but not processed in time, leading to unintended unauthorized work.
- Coercion or fraud: If you were forced into unauthorized employment under duress or through deceptive practices, you may have grounds to explain your situation.
2. Small-scale violations: If the unauthorized employment was minimal and you immediately stopped once realizing the mistake, you may still have a chance to convince USCIS that the violation was unintentional and should not result in the permanent loss of status. This is a rare exception, and you would need strong documentation and evidence to support your case.
How to Avoid Unauthorized Employment Violations
To prevent falling out of status due to unauthorized employment, F-1 students should follow these best practices:
- Consult your DSO before working: Always check with your Designated School Official before accepting any job offer, whether on-campus or off-campus. Your DSO can confirm whether the employment is authorized and what steps you need to take.
- Understand work-hour limits: If you’re working on-campus, make sure you don’t exceed 20 hours per week during the school term. During official breaks, you can work full-time, but you must still remain within the bounds of on-campus employment.
- Apply for OPT or CPT early: If you’re seeking off-campus employment through Optional Practical Training (OPT) or Curricular Practical Training (CPT), submit your applications well in advance. USCIS processing times can be lengthy, and working before receiving authorization can jeopardize your visa status. Also, do not work beyond the expiration date printed on your Employment Authorization Document (EAD).
- Know your visa rights and responsibilities: Stay informed about the rules governing F-1 status and employment. The U.S. Department of Homeland Security offers a comprehensive guide for international students that you can review to better understand your visa obligations.
How to Apply for F-1 Reinstatement
If you believe you are eligible for reinstatement, you will need to follow these steps carefully:
1. Contact Your Designated School Official (DSO)
- Inform your DSO immediately when you realize you are out of status. They can help assess your situation and determine whether you are eligible for reinstatement. Your DSO will also assist you in obtaining a new Form I-20, which you’ll need to file for reinstatement.
2. Obtain a New Form I-20
- Your DSO will issue you a new Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) after updating your SEVIS (Student and Exchange Visitor Information System) record to reflect your intention to file for reinstatement. This new I-20 must indicate that it is for reinstatement purposes.
3. Contact an Immigration Attorney
- Locate an immigration lawyer who is familiar with reinstatement of status, to file the request on your behalf. The immigration attorney will file the change of status request, including reinstatement I-20, proof of SEVIS fees and other relevant documentation to win your request.
- Usually, included with the reinstatement request are the following items:
- A personal letter explaining why you fell out of status, your desire to continue your studies, and evidence that the violation was beyond your control.
- New Form I-20 issued by your DSO for reinstatement purposes.
- Proof of financial ability to cover your studies and living expenses while in the U.S.
- Copies of your passport, visa, and previous I-20s.
- Transcripts showing that you have maintained good academic standing.
Maintaining Status While Waiting for Reinstatement
While waiting for USCIS to decide on your reinstatement application, you are not eligible for benefits such as off-campus employment authorization (OPT or CPT). However, you may remain in the U.S. and continue attending classes as long as you have submitted a timely and proper reinstatement application.
If your reinstatement request is approved, you will regain F-1 status and all the benefits that come with it. If it’s denied, you will likely be required to depart the U.S. immediately. It is important to note that you remain lawfully present in the United States while your application is pending.
Alternative to Reinstatement: Reapplying for an F-1 Visa
If you are not eligible for reinstatement or if your reinstatement request is denied, you may need to leave the U.S. and apply for a new F-1 visa at a U.S. embassy or consulate in your home country. This process can be riskier, as the consular officer may ask about your previous violation of status and could deny the visa application.
Alternative to Reinstatement: Exiting and Re-entering with your unexpired F-1 Visa
If your F-1 visa stamp has not expired, it may be advisable to simply exit and return to the United States, thereby placing you back in status. However, you should not attempt doing this without first consulting an immigration attorney. Other risks include being denied a visa or denied entry if the officer believes you have “immigration intent.” This is especially risky in situation where you have engaged in unauthorized employment.
Final Thoughts
Falling out of F-1 status can be a stressful situation, but many students have successfully regained their status through reinstatement. The key is to act quickly, work closely with your DSO and find an immigration attorney to file the applications for you.