International students at Duke most often hold F-1 or J-1 status. A few others hold a variety of nonimmigrant documents and work authorization documents. This information sheet will help you understand your status in the United States and some of the rights and responsibilities that accompany it.
IMPORTANT. If you enroll as a Duke-sponsored F-1 or J-1 student, be very sure that throughout your entire program, you reenter the U.S. only in the same F-1 or J-1 status. Never enter in any other nonimmigrant classification unless you have cleared this with an advisor in the International Office (IO) before doing so!
All foreign nationals in valid nonimmigrant status are granted certain privileges and are subject to certain federal requirements and restrictions on their activities. If you are a student at Duke, note these primary rights and responsibilities.
You have the right to obtain information, forms, counseling, and assistance from the IO. The IO can help you maintain your status, obtain or retain your permission to work, and return to the U.S. in proper status after travel to your home or to another country. You have the right to obtain information from the Department of Homeland Security (DHS) at no charge, but DHS may charge fees if you file forms to request various benefits, such as work permission.
You have the responsibility to maintain your nonimmigrant status and work authorization, to exit and reenter the U.S. appropriately, and to refrain from unauthorized work. If you fail to comply with your immigration responsibilities, you may lose your legal nonimmigrant status and, thus, not be eligible for work or for future immigration-related benefits, or even to continue in your academic program.
This information sheet summarizes:
- Some of the most important benefits granted to you in your nonimmigrant classification.
- Some of the most important aspects of the regulations that apply to you.
- Some of the most important aspects of the regulations for which you are responsible as a temporary visitor to Duke and the U.S.
IMMIGRATION DOCUMENTS
Each nonimmigrant class is confirmed or validated by certain immigration documents (see list below). Remember these relationships between the nonimmigrant class and the immigration document for students as you read the following information.
NONIMMIGRANT CLASSIFICATION |
IMMIGRATION DOCUMENTS |
| F-1 |
Form I-94 (the I-94 card) marked to show F-1 status.
Form I-20 showing the level of education being sought, the field of study, and the date to program is scheduled to end. |
| J-1 |
Form I-94 marked to show J-1 status.
Form DS-2019 stating the category of student and showing the anticipated beginning and ending dates of the educational program. |
The following documents are very important. Find them among your papers and take a careful look.
- Your passport. Generally you need to keep it valid while you are in the U.S. Contact your embassy or consulate to extend or replace your passport.
- Your I-94 card (Departure Card) showing your port of entry into the U.S., your arrival date in the U.S., your nonimmigrant class (F-1, J-1, etc.), and the notation “D/S” which means “Duration of Status.” D/S indicates that the length of your authorized is controlled by the dates on your I-20 or DS-2019 and by whether your are engaged in full-time study.
- Your DS-2019 for J-1 status. Your I-20 for F-1 status.
Regarding these documents, it is your responsibility to:
- Read and understand the information on the I-20 or DS-2019.
- Keep your documents safe.
- Apply for extensions as necessary in a timely manner
- Replace lost or stolen documents promptly.
The IO staff will be happy to discuss any of these items with you, to help you apply for extensions of stay, or to assist you in replacing lost or stolen documents.
ADDRESS REPORTING
U.S. law requires all aliens to report changes of address within 10 days of any move.
For more information and to report your change of address to the IO and to DHS go to
https://intoffice.duhs.duke.edu/
REGISTRATION, ATTENDANCE, COURSE LOAD, AND TRANSFER REQUIREMENTS
Registration and attendance. You must register for classes and attend the school that DHS has authorized you to attend. You must register for all normal school terms, except summer terms or "short" terms (usually four weeks or less in duration). In addition, you have the right to take courses temporarily at a different school, transfer to a different school, change your major, or advance to another degree level. For any of these alternate study options, however, you must receive permission in advance from the IO and/or DHS. Many of these changes require special permission or authorization.
Course load. You must register for a "full course load," “full course of study,” or “prescribed course of study” as defined by federal regulations. The number of required courses or hours varies depending upon your level of study and your academic situation. Following are guidelines.
Undergraduate Students. You must register for at least 12 semester hours of instruction per academic term. At Duke, the usual course load is 4 courses per semester. You are permitted to register for more courses if you choose. In some cases you may be permitted to register for fewer courses; registration for less that full-time requires special permission from the IO in advance.
Graduate Students Who Have Not Completed All Coursework Requirements. You may register for the number of hours that the Director of Graduate Studies of your department considers to be a full course load for students in your situation. If you are employed through a graduate assistantship, this employment is considered to be a part of your program of study and can be counted, in some cases, to meet your full course load obligation.
Graduate Students Who Have Completed All Coursework Requirements. If a thesis or dissertation is required for your program and if you have completed all course requirements, you must be registered for continuation, but you also may register for the number of hours recommended by your academic advisor. This may be less than a full course load.
Professional School Students. You must register for a full course load as that is defined by your school.
Visiting Students in a Prescribed Course of Study. You must engage in full-time study and related activities designed to help you achieve your educational objectives.
Exceptions to the full course load requirements. You may carry less than a full course load if:
- you will complete all degree requirements by the end of that school term or
- the IO approves, in advance, a reduction in course load for one or more of the following reasons:
- during the first semester only for initial difficulties with the English language, unfamiliarity with U.S. teaching methods or reading requirements, or initial improper course-level placement
- at any time during the academic program for illness or other medical conditions that compel you to interrupt or reduce your course of study.
You must resume a full course of study when the difficulties or conditions listed above have been resolved.
Transfer into or out of Duke.
Either the F-1 or the J-1 status permits transfer into or out of Duke. You may transfer at the same educational level (example: bachelors at Duke to bachelors at another school) or when you advance to a new degree level (example: graduation with a bachelors from another school and transfer into Duke for a graduate program). In all cases you must discuss the transfer well in advance with the international offices of both schools, coordinate the transfer between the two schools at a specified date, and transfer only after the proper approvals and notifications have been done.
Completion of program.
Upon completion of your program of study or the expiration date on your visa document, whichever is earlier, you may remain in the U.S. for an additional 60 days if you are in F-1 status or an additional 30 days if you are in J-1 status. You may not work during this time.
EMPLOYMENT
Students have a variety of work options, but specific rules and limits control all work.
Do not even think about working before you talk with the IO and get specific permission for that employment. Engaging in unauthorized employment is a violation of your status and can terminate your student nonimmigrant status. You are permitted to work in the U.S. only as described below:
On-Campus Employment. You are permitted to be employed in almost any job on Duke campus. J-1 students must have prior written approval from the IO. For both the F and J, the student must fill out appropriate documents in the IO before beginning work.
20 Hours per Week Limit. You must limit all employment, combined, to a total of 20 hours per week while school is in session. Full-time employment is allowed only during vacations and holidays when school is not is session or when specifically authorized in writing for academic or practical training. If your faculty adviser recommends or suggests that you accept employment, contact the IO before you accept employment or begin work. Sometimes the faculty adviser does not understand the limitations on the F-1 or J-1 student.
Off-Campus Employment –Economic Necessity. If you are an F-1 student AND you obtain prior written approval from DHS and the Duke IO, you may be eligible for employment based on unforeseen economic necessity. If you are a J-1 student, you must obtain written permission from the IO. You cannot get this kind of work permission just because “you need a little extra money.” The economic necessity work permission requires a serious change in circumstances such as the serious devaluation of currency in your own country.
Practical Training (F-1) or Academic Training (J-1). If you obtain prior written approval from DHS and/or the Duke IO, you are permitted to work in practical or academic training directly related to your major field of study.
F-1 students may engage in
(1) "curricular practical training" during studies and
(2) "optional practical training" before or after completion of studies.
J-1 students may engage in academic training before or after completion of studies.
Both F-1 practical training and J-1 academic training may be performed anywhere in the U.S. In all cases you must meet specific criteria and you must have written approval before beginning work. For more information see
Practical Training
Academic Training
HOLIDAYS AND VACATIONS
During holidays and vacation periods observed by the school, including summer vacations, you may remain in the U.S. and will be considered to be maintaining lawful F-1 or J-1 status, provided:
(1) you are eligible and intend to register for the next school term or the term immediately following a summer vacation, and
(2) your I-20 or DS-2019 will not expire before you resume study.
If you will be outside the U.S. for an extended period of time that is longer than normal vacations and holidays, contact the IO before you leave.
TRAVEL
Within the U.S. You may travel freely within the U.S. provided you maintain your lawful nonimmigrant status and have your valid passport, I-94 card, and other documents appropriate to your status in your possession. You do not need to carry these documents on your person in the local area, but you are required to carry them for domestic travel. See "Registration and Domestic Travel"
Outside the U.S. You may leave the U.S. at any time, but you should follow appropriate departure procedures at the airport or border crossing. Also note that your departure may affect applications or petitions that you have pending with the Department of Homeland Security – check before you go. You will need your passport to return to your own country. You may need visas to travel to other countries – check before you go! To return to the U.S. and regain your former E, H J, O, or TN status, you must have both a valid passport containing an unexpired visa stamp appropriate to your nonimmigrant status and a valid immigration document showing the status in which you wish to return.
For very important details about traveling abroad and returning to the U.S., please refer to the information sheet entitled: “Travel Abroad and Reentry into the United States”
DEPENDENTS AND FAMILY MEMBERS
If you are married and/or have children under 21 years of age, you are usually permitted to have those family members with you in the U.S. as dependents in F-2 or J-2 status. You must show adequate funds for their support. You must obtain separateI-20 or DS-2019 immigration documents for any family members who will enter the U.S. without you. Family members, other than spouse or children, must qualify for their own tourist visas or other temporary status. If you bring children who are under 21 years old when they arrive, but will turn 21 while they are here, they will need independent immigration status at age 21. Contact the IO at least 9 months before the 21st birthday.
If you wish to bring a spouse or child to the U.S. at any time during your stay, presently or in the future, you will be required to show proof that you have adequate funds. It is the policy of the Duke IO that we only issue immigration documents for family if you provide us with four (4) months of U.S. bank statements showing accrued savings to meet the minimum funding requirements necessary to support your dependents for their stays in the U.S.
INFORMATION SHARING
During your time at Duke, if you experience changes in your personal or professional life that might affect your lawful status or your relationship to Duke, please let us know. We will help if we can, and refer you to outside sources of help as appropriate.
In general Duke keeps your information confidential unless you give us permission to share it. This includes information among family members. We will talk and work with you, not your spouse or friend, regarding your immigration status or your relationship to Duke. You can only delegate those activities to your spouse or friend if you give us written authorization in an appropriate format. See “Authorization to Release Information.”
http://www.international.duke.edu/Forms/Information-Release-Form.doc
ENJOY YOUR STAY HERE
We hope that your personal and professional life will be enriched by your time at Duke and in the U.S. The International Office stands ready to work with you and with other Duke offices to help you take advantage of the many opportunities that await you.
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