Immigration & Legal Information
U.S. Laws & Regulations
While you are in the United States as a student,
you are subject to all of the laws and regulations
which govern United States citizens. In addition,
you are guaranteed the same protection of the law
and the same civil rights as U.S. citizens. You can
legally be charged with breaking the law and you can
take action against those who may illegally wrong
you. Equal protection is guaranteed to each person.
If you are arrested by the police, be aware of your
rights. Your are required only to give your name and
address. Cooperate with law enforcement officials,
but protect your rights in the process. Discuss your
case only with your lawyer. You have the right to
know of what charges you are accused; the right to
remain silent until questioned in the presence of
your attorney (the court will provide an attorney
if you do not have one); and the right to a hearing
in court the day after your arrest except for Saturdays
and Sundays. You are allowed two telephone calls.
Be sure that you call a friend or an attorney who
can arrange bail for your release.
If the police want to search your home, ask to see
a search warrant, which, if issued by a judge, gives
the police that right.
If you are a witness to or victim of criminal activity
call the University Police Department on campus or
the Grand Forks Police Department off campus. If you
are being harassed or victimized in any way you should
call the Dean of Students Office during the hours
of 8 a.m. to 4:30 p.m. or the Crisis Line after hours
at the University Police Department. If you are the
victim of any type of abuse or rape, there is an Abuse
and Rape Crisis Center in Grand Forks that can help
you. They provide shelter for victims and their children,
assistance with emergency services and legal procedures,
if needed, and will protect your privacy.
University Police
Department . . . . . . . . . . 777-3491
Grand Forks Police Department . . . . . . . . 746-2500
Dean of Students Office . . . . . . . . . .
. . . . 777-2664
Crisis Line (on Campus) . . . . . . . . . . . .
. .777-3491
Abuse and Rape Crisis Center . . . . . . . . . .746-8900
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Legal Aid
The Legal Aid Office is located in the basement of
the Law School and is available for students in the
areas of landlord/tenant relations, family law, consumer
law, and other non-criminal types of legal issues.
Legal advice is free and if Legal Aid must represent
you in a case, you will only be charged a $5.00 administrative
fee. Students will also be responsible for court fees.
Office hours are Monday through Thursday from 9 a.m.
to 4 p.m. Phone 777-2932 for assistance.
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Data Privacy
Students have the right to review their own records
and keep certain facts private. Public information
(Directory Records) includes birthdate, major, attendance
dates, degrees, address, and phone number. You may
wish to have these records kept private. You may do
so by going to the Registrar’s Office, second
floor, Twamley Hall, between the first and tenth day
during the semester (between first and fifth day of
summer sessions) and complete a privacy form.
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Freedom of Speech & Political Activism
The First Amendment of the Constitution provides
for freedom of speech and assembly for all persons,
regardless of citizenship. The Constitution guarantees
you the right to express yourself freely, to join
together with others in such expressions, and to participate
freely in political activities. Do not let anybody
tell you that you do not have the right to express
yourself freely, for you do have that right, and you
are encouraged to exercise it.
There are, of course, certain cautions you must observe
in freely expressing yourself. First of all, you must
observe the same laws as everybody else regarding
the orderly and peaceful expression
of your views. If you participate in a disruptive
or violent demonstration of some kind, you can be
arrested and prosecuted just like anyone else. You
have the right to express yourself in an orderly and
peaceful manner, but nobody has the right to be disruptive
or violent.
There are other concerns you may want to consider
before you demonstrate. While you are guaranteed freedom
of speech under U.S. Law, you must consider the attitude
of your home government if you are planning on returning
to your home country. You should also consider the
attitude of your sponsoring agency, as well as realize
that, although you have the right to freedom of speech,
others may not agree with your point of view.
The Code of Student Life outlines the procedures
for demonstration at the University of North Dakota.
It states that any peaceful assembly or demonstration
will be registered with the Dean of Students prior
(at least 24 hours) to an event. This gives the Dean
of Students the chance to outline and discuss with
demonstrators the guidelines necessary to keep the
demonstration non-violent and non-disruptive. It also
helps administrators plan for the control of possible
counter demonstrations which would infringe upon the
rights of the demonstrators or result in violent,
abusive action.
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Social Security Number
If you do not have a United States Social Security
Number, it is advisable to obtain one. If you will
be employed, you will be required to have a Social
Security number. A Social Security number is also
useful for purposes of your bank account, driver’s
license, and for similar matters.
The University will assign a 000-00-XXXX number to
those student who do not possess a Social Security
number. This number is only a student identification
number, like your NAID number. You should use this
number for University identification purposes only
and not for any purpose calling for a Social Security
number. A Social Security number can only be assigned
by the U.S. Social Security Administration.
To apply for a Social Security number, go to the
office of the Social Security Administration in Grand
Forks at 124 N. 6th St. and complete an application.
Be sure to bring your passport and current I-20 or
IAP-66 as well as a valid I-94 card. You can also
pick up a letter of explanation from the Office of
International Programs before you visit the Social
Security office so that you can be issued a card that
can be used for working purposes if and when that
time arrives. It will take approximately two to three
weeks for your Social Security card to be mailed to
your residence.
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Contracts & Business Arrangements
A contract is any agreement between two parties involving
the giving of goods and services in exchange for payment
in the form of money, goods, or services. A contract
may either be written or oral, but in either case
it is binding and enforceable by law. Keep this firmly
in mind before entering into any kind of business
agreement.
When students or scholars want to live in housing
on campus or rent housing off campus, they enter into
a contract. Similarly, when students or scholars are
employed by their departments, they also enter into
a contract. Be sure you know all the terms and stipulations
of any contracts that you enter into, and any consequences
that may arise if you break the contract.
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Immigration Laws & Regulations
Most International and Canadian students at the University
of North Dakota hold status as F-1 or M-1 students
or J-1 Exchange Visitors. Scholars hold either an
H-1B Temporary Work visa or J-1 Exchange Visitor visa.
A few students and scholars hold status as U.S. permanent
residents, visitors for business or pleasure, or other
classifications. This section will concentrate upon
F, M, J, and H classifications.
In this section you may see abbreviations that you
may not understand. Below is a key to help you decipher
the abbreviations in this chapter.
INS or I.N.S. U.S. Immigration and Naturalization
Service
Department of State
I-20AB Immigration document for F-1 students and
their dependents
I-20MN Immigration document for M-1 students and
their dependents
IAP-66 Immigration document for J Exchange Visitors
and their dependents
F-1
This is the most common immigration status held by
UND international and Canadian students. This F-1
student visa is issued by a U.S. consular officer
in the student’s home country or for Canadians,
at the Port of Entry, upon presentation of a Form
I-20AB from UND, a passport, financial documentation,
and proof that the student will return to the home
country upon completion of studies. The Form I-20AB
certifies that the student has been admitted to the
University and is qualified to carry out a program
of study here.
An F-1 student is admitted to the United States for
the purpose of attending a specific school, to carry
a full program of study, and to make normal progress
toward a degree or the completion of an educational
objective. The accompanying dependents of an F-1 students
are designated F-2.
M-1
This type of vocational visa is issued for those
students who will be participating in the pilot helicopter
or air traffic control training programs through the
Aerospace Foundation. Students are issued a yellow
form called I-20MN. The student presents the I-20MN
to the U.S. consular officer in their home country,
along with their passport, financial documentation,
and proof that they will return to their home country
upon completion of their vocational training. Each
I-20MN is good for only one year. Students
must extend their stay when the initial 12 months
are over. (See Extensions)
M-1 students are admitted to the United States for
their vocational training only and must comply with
the requirements of the Aerospace Foundation to make
satisfactory progress in their training program. The
accompanying dependents of M-1 students are designated
M-2.
J-1
J-1 Exchange Visitor status is used by a wide variety
of students, researchers, and professors at UND. These
people come to the U.S. for educational purposes under
the sponsorship and supervision of an agency which
has been approved by the Department of State. The
University of North Dakota sponsors students, researchers,
professors, research scholars, short-term scholars,
and specialists. Medical trainees must have permission
from an organization called The Educational Commission
for Foreign Medical Graduates (ECFMG) before they
are allowed to participate in any programs or internships
that include patient contact.
J-1 Exchange Visitors are issued a form called IAP-66
either by UND or their sponsoring agency. The exchange
visitor then takes this form to the U.S. Consul in
their home country, along with their passport, financial
information, etc. and receives a J visa to enter the
U.S. for purposes of completion of a specific educational
objective. Dependents of J-1 exchange visitors are
classified as J-2.
While the Exchange Visitor program provides some
benefits to the student and their family that the
F-1 or M-1 categories do not, there may be restrictions
upon the time they may stay in the U.S. and whether
they are allowed to change to another non-immigrant
status or obtain permanent residency. These restrictions
apply to those persons who are 1) financed by their
home governments or the U.S. government, 2) who come
from developing countries where their specific skills
are needed, or 3) are coming to the U.S. to obtain
graduate medical education and training.
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Passport
Your passport is your basic travel document. All
students but Canadians are required to have
one to attend school in the U.S. This document is
issued by your home country to identify you as a citizen
or national of your country and it allows you to return
to that country. YOU are responsible for keeping
your passport safe and renewing it before it expires.
If your passport is lost or stolen, contact the UND
Immigration Specialist at (701) 777-4118 immediately.
If you need to renew your passport, call the Immigration
Specialist at UND and obtain the telephone number
and address of the nearest consul for your home country
so that you can request a new passport application.
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Visa
Your U.S. Entry Visa is the stamp placed on a page
of your passport by a U.S. consular officer. The visa
stamp, if presented with your supporting documents
(Form I-20AB or I-20MN, IAP-66, H-1B approval), gives
you the permission to apply for entry to the U.S.
It is not to be confused with your permission
to stay in the United States. Your permission to stay
in the U.S. depends upon your type of visa and expiration
date stamped on your immigration forms. If your entry
visa has expired and you will be returning to your
home country for a visit, you must make an appointment
with the Immigration Specialist at UND (701-777-4118)
and have a new immigration form issued. You will take
the new form to the U.S. consul in your home country
again, and have another entry visa stamped in your
passport.
** Canadians do not
require a visa to enter the United States. Their
I-20, IAP-66, or H-1 approval, together with their
I-94 card, is considered to be their U.S. Visa.
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I-94 Arrival/Departure Record
At the Port of Entry into the U.S., the I.N.S. will
stamp your I-20 or IAP-66, give you back a copy of
the form, and issue you a small, white card called
I-94. This card has your 11 digit admission number
at the top. This number will be used as your identification
number for all immigration and employment matters
while in the U.S. Please put it in a safe place. If
you lose your I-94 card, it must be replaced by the
U.S. Immigration Service and will cost you $85.00.
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Length of Study & Permission to Stay in the
U.S.
F-1
Students in F-1 status will have their classification
(F-1) and "D/S" stamped in the upper right
hand corner of their I-20AB and on their I-94 card.
"D/S" means that the student has permission
to study in the U.S. as long as they are making normal
progress toward their degree, are pursing a full course
of study, have not worked illegally, and possess an
unexpired I-20AB.
Students must leave the U.S. within 60 days of program
completion unless they have been accepted into the
next level of studies in their field, have been employed
and will be receiving a non-immigrant work visa (H-1),
or will be pursuing Practical Training (work in field
of study.)
F-2
Dependents of F-1 students may lawfully stay in the
U.S. while the student is completing his or her program
of study. Dependents may also attend school and pursue
a degree program on F-2 status. Dependents of F-1
students may not work if they are in F-2 status.
M-1
M-1 students are given a specific time limit on their
program of study for vocational training.
Students on M-1 visas at UND are given 12 months initially
on their I-20MN and I-94 card. M1 students must apply
for an extension if their program of study will last
more than 12 months. Students on M-1 visas must leave
the U.S. within 30 days of program completion.
M-2
M-2 dependents may stay in the U.S. as long as the
M-1 student remains in the U.S. The Immigration and
Naturalization Service requires that all M-2 dependents
remain with the M-1 student at all times. This means
that the dependents must always travel with the student
whenever the student leaves for an extended period
of time. The Immigration Service will give permission
for dependents to stay in the U.S. without the M-1
student if the separation time is short or they can
show that it would put extreme hardship on the family
members to leave the U.S. for those vacation periods.
For example, the wife of a student was experiencing
a very complicated pregnancy and the physician had
advised her not to travel. The I.N.S. considered this
situation a hardship and allowed her to remain in
the U.S. while her husband went back to his home country
for a two week visit.
M-2 dependents may not work in the U.S., but
may attend school full time.
J-1
J-1 students and scholars must meet the criteria
required by their program sponsor-whether it be to
complete a degree, conduct research, or teach classes.
J-1 students and scholars will either have "D/S"
stamped on their documents or are given a specific
time period to stay in the U.S. on their IAP-66 and
their I-94 card. In addition, some J-1 exchange visitors
must return to their home country for a minimum of
two years after the completion of their initial program
of study. This "Two-Year-Home-Country Rule"
applies to those exchange visitors who are sponsored
by the U.S. Government or the government of their
home country, have a special skill needed in their
home country, or have completed graduate medical training
in the U.S. Students may be able to extend their stay
even if the two year home country rule applies.(See
Extensions and Change of Status) J1 students and scholars
must leave the United States within 30 days of program
completion.
J-2
Dependents of exchange visitors may stay in the U.S.
for the length of the Exchange Visitor’s program.
J-2 dependents may work with special permission (see
Employment) and may attend school full time.
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Extension of Stay
An F-1 student is admitted to the United States for
the "duration of status" to complete an
education program. The student must actually complete
his or her program before the program completion date
indicated on his or her current Form I-20. If a student
will not complete the academic program by that date,
he or she must make an appointment with the UND Immigration
Specialist at 777-4118 thirty days before the expiration
of his or her academic program to comply with INS
procedures for program extension.
M-1
An M-1 student must keep valid his or her permission
to stay in the United States. The student must complete
his or her studies before the studies completion date
on the individual's current Form I-20. If a student
will not complete his or her studies by that date,
he or she must make an appointment with the UND Associate
Director of International Programs at 777-3935 forty-five
days before the expiration of the Form I-20. The Associate
Director will assist the student in extending his
or her Form I-20. There is an INS fee of $120.00.
J-1
J-1 exchange visitors who would like to remain in
the U.S. beyond the expiration date on form I-94 and
IAP-66 must contact the Associate Director of International
Programs at UND. The visitor will be issued a new
IAP-66 reflecting a new date of program completion
and the INS and Department of State will be notified.
There may be limitations on extensions due to time
already spent in the program.
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Change of Status
There are some occasions where students and scholars
must change their status in order to remain in the
U.S. for study or employment purposes. Persons entering
the U.S. on B, F, J, or H visas can apply to have
their visa type changed with the office of International
Programs. Restrictions do apply to those students
or scholars who are subject to the "Two Year
Home Country Rule", those who have come on a
B-2 Waivered (Wb) Visitor Visa, and those students
in M status. Change of status is usually done in conjunction
with an application for F, J, or H visa status.
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Change of Address
Immigration regulations specify that all non-immigrant
persons must report their addresses to the INS upon
arrival in the U.S. and each time they change addresses.
In addition, those regulations specify that the University
must have the addresses and phone numbers of all students
in non-immigrant status on their records. Each time
you change your address and phone number, you must
contact the Immigration Specialist at (701) 777-4118
and report your new address and phone number. It is
a good idea to be sure the Registrar’s Office
and your department also know this information.
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Visits Outside the U.S. & Re-entry
Always consult the UND Immigration Specialist well
before making a trip outside the U.S. to be sure that
you have the proper documents to re-enter the country.
Generally speaking, you must have a valid passport
(excluding Canadians), a valid visa, and properly
executed immigration forms to reenter the U.S. In
addition, if you are an F-1 or M-1 student or dependent,
you must have a current I-20; a J-1 Exchange Visitor
or dependent, a current IAP-66.
If your U.S. Entry Visa stamped in your passport
has expired and you wish to go abroad and reenter
the U.S., you must make an appointment with the UND
Immigration Specialist to have a new immigration form
issued to you before you depart. While outside
the U.S., you must go to the nearest U.S. consul
and get a new U.S. Entry Visa stamped in your passport
before you can reenter the U.S. You should bring a
current passport, financial verification if needed,
and your new immigration documents. Please note that
U.S. Entry Visas cannot be obtained inside the U.S.
in most cases.
Entry into Canada or Mexico
If you plan to visit Canada or Mexico or adjacent
islands other than Cuba for a period of less than
30 days, and if you will reenter the U.S. while your
student or scholar status is still valid, you may
do so even if your Entry Visa stamped in your passport
is expired. You should have a current passport and
I-20/IAP-66/H-1B approval, as well as your I-94 form.
In addition, you must determine what is necessary
for you to enter the country you plan to visit. Some
students will need to apply for visas to enter Canada.
Check with the UND Immigration Specialist to determine
if you need one. The regulations governing entry into
Mexico vary greatly depending on the citizenship of
the visitor, so be sure to determine what is required
for you before entering Mexico.
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Bringing Dependents to the United States
F-1 and M-1 students who wish to bring their dependents
to the United States (spouse and unmarried children
under 21 years of age) must send the dependents a
Form I-20AB or I-20MN with the names, birth dates,
places of birth, and relationship to the student annotated
on the back of the I-20. Contact the UND Immigration
Specialist at 777-4118 to have an I-20 made for your
dependents.
J-1 students and scholars who wish to bring dependents
to the U.S. must obtain from their program sponsors
a new Form IAP-66 issued for that purpose. Contact
the UND Associate Director of International Programs
at 777-3935.
H-1B professors and researchers should include their
dependent information on their H-1B visa application
(Form I-129) when initially applying for the H-1B
visa. If dependents are outside the U.S. and are to
join the H-1B scholar at a later date, contact the
Associate Director of International Programs at UND
for instructions.
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Transfer of Schools
When an F-1 student wishes to transfer from one school
to another, the student must be sure that the former
school and the I.N.S. have been notified of the transfer.
The new school must issue a properly executed I-20AB
after the student meets all requirements for acceptance
into a program of study. The responsible officer at
the new school must send a photocopy of the new I-20AB
to the former school and must submit the top copy
of your new I-20AB to the Immigration Service. If
this process does not happen within 15 days of transferring
to the new school, you may lose your student status.
Be sure to meet all transfer criteria so that your
transition to a new school will be a smooth one.
M-1 students may transfer to other schools within
their first six months of status. The M-1 student
may be granted permission to transfer schools if the
student is a bona fide nonimmigrant, has been pursuing
a full course of study at his or her present school,
intends to pursue a full course of study at the new
school, and is financially able to attend the school
to which the student intends to transfer. To accomplish
this transfer, the M-1 student must make an appointment
with the UND Associate Director of International Programs(777-3935)
for assistance in applying for the transfer with the
INS. There is a $120.00 fee payable to the INS.
J-1 students and scholars may transfer schools with
the issuance of an IAP-66 from the new school and
notification to the old school of their intent to
transfer. Exchange visitors must remain in their category
or transfer to the next logical category for the transfer.
For example, a student may transfer to another school
as either a student, researcher, or scholar. A researcher
or scholar may not transfer to another school as a
student. Exchange visitors must also be aware of the
effect the "Two-Year-Home-Country-Rule"
will have on their transfer.
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Violations of F-1 Status
Any violation of a term or condition of F-1 status
will make a student (and/or his or her dependents)
"out of status" with the INS, and subject
to removal from the United States (deportation). A
student will lose his or her F-1 status for the following
reasons:
- Staying in the United States beyond the period
authorized
- Enrolling in less than a full course of study
without the prior approval of the Immigration Specialist
- Attending a school other than the one the student
was authorized to attend on his or her Form I-20
without properly following the school transfer procedures.
- Failure to apply for a timely transfer, program
extension, or change in program level.
- Unauthorized employment, including working on-campus
more than 20 hours per week while school is in session.
Reinstatement to F-1 Status
A student who has violated status may be reinstated
to lawful F-1 status at the discretion of the INS
District Director, but only under limited conditions.
A student may be reinstated to F-1 status if:
- The student establishes to the satisfaction of
the INS Director that the violation of status resulted
from circumstances beyond the student's control
or that failure to receive reinstatement to lawful
F-1 status would result in extreme hardship.
- The student is currently pursuing, or intending
to pursue, a full course of study at the school
that issued the Form I-20.
- The student has not engaged in unauthorized employment.
- The student is not deportable on any other ground
other than overstaying or failing to maintain status.
When students lose their F-1 status, they must apply
to the UND Immigration Specialist for reinstatement
to student status. The student should make an appointment
with the Immigration Specialist and bring the following
things:
- All I-20 forms
- Letter of explanation to the INS as to why they
lost their status, and requesting reinstatement.
- Documentation of medical or academic problem.
- New financial evidence for financial certification.
- $120.00 fee for the INS application
The student will be issued a new immigration form.
This form plus the items listed above will be sent
in to the Immigration and Naturalization Service.
Reinstatement takes 2 months.
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Employment in the U.S.
Since each student must demonstrate adequate financial
support before being admitted to the University or
obtaining a visa to come to the United States, it
is assumed and understood that the student has sufficient
resources for full financial support without accepting
employment. Students may experience unforeseen monetary
problems and need to earn extra funds to support their
stay while studying in the U.S. There are several
employment options for students before and after graduation;
however, most types of work require special permission
from the U.S. Department of Labor and the U.S. Immigration
and Naturalization Service.
There will be several workshops throughout the school
year offered to students and scholars that cover the
different types of work available to them. This helps
students and scholars to plan for work before and
after graduation and gives them the most up-to-date
information on the steps needed to secure employment
in their field or in any job.
On-Campus Work
Students may work on the UND campus in Institutional
jobs from the time they begin their studies. Students
are limited to 20 hours per week during the school
year and may work 40 hours per week during summer
vacation periods. Students must maintain a 2.0 grade
point average to work. If you find an on-campus job,
notify the Immigration Specialist at UND of your intention
to work. Some jobs at UND are located off campus,
such as the airport. As long as you are being paid
by UND, it is considered on-campus employment. Listings
for Institutional employment can be found on the job
board outside the Financial Aid Office, Twamley Hall,
second floor.
Off-Campus Work
J-1
A J-1 exchange visitor may be granted permission
for employment only by the student’s sponsoring
agency or the INS. Sponsoring agencies differ widely
in their policies, but usually employment will be
approved only if it is an integral part of the student’s
academic program or the student can show that the
employment is necessary due to serious, urgent, and
unforeseen economic circumstances which have arisen
since the student acquired exchange visitor status.
J-1 students are allowed up to 18 months of academic
training in their field of study as long as the academic
training is an integral or critical part of the exchange
visitor’s academic program. Check with the Associate
Director of International Programs at UND for information
concerning work for J-1 students.
J-2 Dependents
J-2 dependents may apply to the INS for permission
for employment. To apply for work permission, the
J-2 dependent must make an appointment with the UND
Associate Director of International Programs at 777-3935.
The J-2 will need to apply for an Employment Authorization
Document (EAD) card from the INS. The J-2 will need
to provide a letter stating why the employment is
desired, indicating the source and amount of support
for the principal participant, and specifically stating
that the income derived from employment will not be
used for support of the J-1 exchange visitor. You
will need to provide the specified photographs and
pay a $100 fee to the INS.
F-1 Students
There are three categories of off-campus employment
available to F-1 students:
- Employment authorized because of severe economic
hardship.
- Special Student Relief program.
- Practical Training (curricular and optional practical
training)
All of these categories require the student be currently
maintaining valid F-1 status. A student who is out
of status is not eligible for F-1 benefits, including
employment. Each F-1 employment category has specific
eligibility requirements.
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Employment Based on Severe Economic Hardship
This category of off-campus employment is for F-1
students who are experiencing severe economic hardship
that was caused by circumstances beyond their control
that arose after obtaining F-1 status. Approval of
this type of employment allows the student to work
up to 20 hours per week off-campus while school is
in session, and full-time during official school breaks.
To be eligible, the student must have been in F-1
status for one full academic year. The student must
make an appointment with the UND Immigration specialist
at 777-4118 for assistance in applying to the INS
for employment based on severe economic hardship.
The student will need to acquire an Employment Authorization
Document (EAD) card from the INS.
Special Student Relief
The INS has established Special Student Relief for
F-1 students from Indonesia, South Korea, Malaysia,
Thailand, and the Philippines. To be eligible the
student must have been in F-1 status since June 10,
1998. The student must be able to show that his or
her financial support comes from one of the five designated
countries, and that employment is necessary due to
economic hardship due economic circumstances in that
country. If eligible, the student must make an appointment
with the UND Immigration Specialist at 777-4118 to
acquire assistance in acquiring INS approval and an
Employment Authorization Document (EAD) card for full-time
on- or off-campus employment. Undergraduate students
will be required to register for 6 semester hours
per semester and graduate students must register for
at least 3 credit hours.
Curricular Practical Training
This program allows F-1 students to work in their
field of study before graduation. Curricular Practical
Training must be an integral part of an established
curriculum at the University of North Dakota. It must
be an alternate work/study, internship, cooperative
education, or any other type of require internship
or practicum which is offered by sponsoring employers
through cooperative agreements with UND. To be eligible
for this program, the student must be an F-1 student
and have completed 9 consecutive months of full-time
study at UND. Exception exists for graduate students
whose programs require immediate curricular training.
If interested in this program, you must acquire approval
from the Immigration Specialist (777-4118). You will
need the approval of your adviser and an offer of
employment in your field of study from a specific
employer. You may be approved for part-time or full-time
Curricular Practical Training. Students may have up
to 12 months of full-time CPT without sacrificing
any Optional Practical Training after graduation.
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Optional Practical Training (OPT)
This program provides temporary employment for
practical training in one's major area of study. Optional
Practical Training can be approved for a maximum of
12 months during any uninterrupted stay in F-1 status.
Part-time OPT is deducted from the 12-month limit
at 50 percent. The student may apply for Optional
Practical Training at the following times:
- During his or her annual vacation and at other
times when UND is not in session if the student
is currently enrolled and eligible, and intends,
to register for the next semester.
- While UND is in session, provided that it does
not exceed 20 hours per week. But, the student must
maintain a full course of study in F-1 status.
- After completion of all course requirements for
the degree, excluding thesis or equivalent, if the
student is in a bachelor's, master's, or doctoral
degree program.
- After completion of the course of study.
To be eligible for Optional Practical Training, the
student must have been a full-time student at UND
for 9 consecutive months. Moreover, the student's
employment must be in his or her area of study. To
apply for this program, the student must make an appointment
with the UND Immigration Specialist (777-4118). The
Immigration Specialist will assist the student in
applying for a required Employment Authorization Document
(EAD) card from the U.S. Immigration and Naturalization
Service. The student will be required to have his
or her adviser's recommendation for Optional Practical
Training as well as pay a fee of $100.00 to the INS
and provide 2 photos. It takes up to 3 months for
the INS to provide the student an EAD card, so he
or she should apply early. For those students who
are graduating, he or she must apply for OPT no later
than 60 days after completing their full course of
study. You can not work until you receive work permission
(the EAD card) from the INS.
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M-1 Vocational Students
An M-1 student may not accept any type of employment
during his or her program of study at the University
of North Dakota.
M-2 Dependents
M-2 Dependents may not work. Dependents may attend
school on a part-time or full-time basis.
Please Note
As a final note on employment for students, we
at the University of North Dakota wish to help you
with any type of work which you may qualify for, however,
employment regulations are strictly enforced by the
I.N.S. Students and dependents who are detected as
working without proper authorization are required
to leave the United States. Do not accept employment
unless you have the proper work permit. The income
you receive will be of little value to you if you
are forced to abandon your study program and go home.
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Temporary Work Visas for International Scholars
The University of North Dakota employs many faculty,
staff, and research personnel on temporary work visas.
These types of visas are relatively easy to obtain
as long as the prospective employee and the University
can meet the criteria required for the visa. Basically,
there are two types of temporary work visas available
for the hiring of international or Canadian/Mexican
persons. They are the H-1B Temporary Work Visa (good
for up to 3 years initially; can be used for 5 years,
and with permission, up to 6 years) and the North
American Free Trade Agreement(TN) Work Visa (good
for 1 year at a time and may be renewed each year).
H-1B Temporary Work Visa
This type of visa is for international or Canadian
persons coming temporarily to the U.S. to perform
services in a specialty occupation. A specialty occupation
is defined by the INS as "one which requires
the theoretical and practical application of a body
of highly specialized knowledge to fully perform the
occupation and requires completion of a specific course
of education culminating in the minimum of a baccalaureate
degree in a specific occupational specialty".
In other words, the position must require employees
to have a bachelor’s degree or higher in the
field in which they are to be employed. Students who
will complete their practical training and wish to
continue employment with their current employer are
allowed to change to H-1B status provided that the
employer is willing to file the required paperwork.
At UND, many professors and researchers are initially
hired on an H-1B visa. If the department determines
that they wish to retain the employee for longer than
5 years, they may start the process of permanent residency
(green card) for the employee during the time permitted
for the H-1B visa. The process for both the initial
application and renewal of the H-1B visa takes about
6 months. Employees may not begin their job before
permission has been granted. The department at
UND that wishes to do the hiring must advertise
and complete all applications for the H-1B visa.
The Associate Director of International Programs
at UND has all forms and fee schedules needed for
the H-1B visa and can help you in the hiring process.
Contact the Associate Director at 777-3935.
** The dependents of H-1 visa holders will
be classified as H-4. They may not work, but may attend
school.
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North American Free Trade Agreement/TN Temporary
Professionals
Canadian and Mexican citizens can apply for work
under the Free Trade Agreement if their particular
profession is listed as one of the 63 NAFTA-specified
occupations listed in Appendix 1603.D.1 of Annex 1603
of the NAFTA. Generally, the application process is
a simple one and those persons who qualify may obtain
permission to work in the U.S. for 1 year at a time.
Mexican citizens should contact the Associate Director
of International Programs for guidance. Canadian citizens
should contact the Immigration Office in Portal, ND
at (701) 926-4221 or Noyes, MN at (218) 823-6291 and
make an appointment. You must go in person to the
office and bring the following items:
- Fee of $50.00
- Detailed letter from the employer at UND.
- Original or certified copies of degree and
transcripts.
- Evidence that the employment is in one of the
occupations listed in Annex 1603.D.1
- Proof of Canadian citizenship
- A statement that the purpose of entry into the
U.S. is temporary.
- NOTE: Dependants of TN status holders are
admitted in TD (Trade Dependant) status. TD status
holders are not authorized to work in the U.S. ,
but they may attend UND either part-time or full-time.
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U.S. Permanent Residency
There are several ways that international persons
may obtain Permanent Residency in the U.S. One should
consult U.S. Immigration and Naturalization Procedures
at http://www.ins.gov
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Taxes
All international students and scholars are responsible
for Federal, State, and local taxes if they earn income
in the U.S. Students in F and J are not responsible
for Social Security taxes for the first 5 years. After
5 years they may qualify as a resident for tax purposes
and be responsible for Social Security (FICA) taxes.
The Internal Revenue Service requires all international
persons earning money in the U.S. to file Federal
and State tax forms, even if they have earned a small
amount.
Students and scholars will file their taxes on a
Form 1040NR for Federal taxes if they are considered
a non-resident for tax purposes. (A non-resident is
defined as: F-1 or J-1 student in the U.S. for 5 years
or less; or J-1 scholar in the U.S. for 2 years or
less). The North Dakota State Tax Form for State taxes
must also be filed. Form 1040NR can be picked up at
the Office of International Programs from January
through April of each year or you may call 1-800-829-1040
to order forms.
North Dakota State Tax forms can be picked up at
the Office of International Programs. Tax workshops
are offered early in the Spring Semester for those
persons wishing to learn how to file their taxes.
Contact the Associate Director of International Programs
at UND for scheduled dates and times of the tax workshops.
Form W-4 Tax Withholding Worksheet
This form is completed by the student or scholar
employee upon starting their employment, either on
or off campus. You should not write "EXEMPT"
on the W-4 form, but rather complete it according
to the number of dependents you have and whether or
not your country has a tax treaty with the U.S. You
may contact the I.R.S. at 1-800-829-1040 to order
a tax treaty booklet (IRS Publication 901).
Form I-9 Employment Eligibility Verification
This form is completed by both the employee and the
employer before the employee may be paid.
Form W-2 Wage & Tax Statement
This form is issued to you after the end of the calendar
year in which you have been employed. This short form
must be used in order to complete your tax forms and
file them. It provides information on your wages,
the amount and type of taxes withheld, etc. If you
do not receive this form in January, contact your
employer immediately.
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