1. National Holidays For May
2. International Student Graduation Reception is Friday May 16
3. New Documents for Initial OPT and 17 Month OPT STEM Extension are Now on the ISSS Website
4. The New OPT Regulations: Counting Days of Unemployment
5. The New OPT Regulations: What Kinds of Employment are Allowed Under OPT?
6. Planning to Work in the United States This Summer?<
7. Accessing Health Services, Library Services and Off Campus Bus Services During the Summer
8. CINTAX Will Remove All Saved Income Tax Forms on June 16
9. Did You Receive A Grade of "Incomplete" in Fall 2007?
10. Registering for Less Than a Full Time Course Load for Fall 2008?
11. Were You One of the Lucky Ones During Random Selection for H-1B Visas?

1. National Holidays for May

The following countries are celebrating national holidays during the month of May.

Country	Date
Marshall Islands	1-May
Poland	3-May
Israel	12-May
Paraguay	15-May
Norway	17-May
Turkey	19-May
Cameroon	20-May
Yemen, Republic of	22-May
Eritrea	24-May
Argentina	25-May
Jordan	25-May
Georgia	26-May
Azerbaijan	28-May
Ethiopia	28-May
Croatia	30-May
South Africa	31-May

2. International Student Graduation Reception is Friday May 16

We are delighted that so many international exchange students and graduating students have informed the ISSS that they will be attending the 22nd Annual International Student Graduation Reception in the University Union Mandela Room, Friday, May 16 at 7:00pm.  Invitations were sent by email on Friday, May 2.

If you are completing your program or are graduating, and have not yet responded to our invitation, please do so soon by using our on-line response form:
http://isss.binghamton.edu/prog/GradRec/gradRecInvite.htm

Students who graduated in December 2007 or who will graduate in Summer 2008 and would like to participate in the International Student Graduation Reception should also use the invitation link, above.

Each student will receive a certificate from the ISSS, in recognition of your achievements. If you will be graduating, or completing your exchange program this month, come join the ISSS staff and your fellow students for good food, short speech making, (only three!), and lots of photo opportunities!

Please note that the International Student Graduation Reception is separate from the University’s official Commencement ceremonies, which will be held on Saturday, May 17 for graduate students and Sunday, May 18 for undergraduate students.  For more information on the Commencement ceremonies, visit:
http://commencement.binghamton.edu/

3. New Documents for Initial OPT and 17 Month OPT STEM Extension are Now on the ISSS Website

The ISSS has updated most (but not all) of its documents related to the 12 month initial period of Optional Practical Training, and has added a new section of documents related to the new 17-Month OPT STEM Extension.  You can view both by visiting:
http://isss.binghamton.edu/emp/index.html and selecting either “Initial Optional Practical Training for F-1 Students” or “17-Month OPT STEM Extension for F-1 Students.”  Several documents in the “Initial Optional Practical Training for F-1 Students” section still require updating and the ISSS hopes to have those completed later this week.

4. The New OPT Regulations: Counting Days of Unemployment

The new regulations on Optional Practical Training published by the Department of Homeland Security on April 8, 2008 have raised many questions, and a particular area of concern is the requirement that students must now count days of unemployment while on Optional Practical Training, effective with the start date of their EAD card (or April 8, 2008, whichever is later).  The following information comes from policy guidance recently published by the Department of Homeland Security.

Days of Unemployment Are Limited
The regulations establish a limit on the number of days students in a period of post-completion OPT can be unemployed and still maintain F-1 status. For students on regular post-completion OPT or who are eligible for an automatic extension due to the H-1B cap gap provisions, the limit is 90 days. Students with an approved 17-month STEM OPT extension will receive another 30 days of unemployment time for a total of 120 days over the entire period of post-completion OPT.  Students who are authorized for pre-completion OPT (meaning authorized Optional Practical Training taking place during the time a student is still registered with Binghamton University and prior to the student’s program completion date) are not required to count days of unemployment.

Each day during the period when OPT authorization begins and ends that the student does not have qualifying employment counts as a day of unemployment. The only exception is that periods of up to 10 days between the end of one job and the beginning of the next job will not be included in the calculation for time spent unemployed.

Days of Unemployment and Travel Outside the United States
If a student whose approved period of OPT has started then travels outside of the United States while unemployed, the time spent outside the United States will count as unemployment against the 90/120-day limits.
 
If a student travels while employed either during a period of leave authorized by an employer or as part of their employment, the time spent outside the United States will not count as unemployment.

Exceeding the period of unemployment
A student who has exceeded the period of unemployment while on post-completion OPT has violated his or her status unless he or she takes one of the following actions:

• Applies to continue his or her education by a change of level or transferring to another SEVP-certified school
• Departs the United States
• Takes action to otherwise maintain legal status

5. The New OPT Regulations: What Kinds of Employment are Allowed Under OPT?

All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program.  The following information comes from policy guidance recently published by the Department of Homeland Security (DHS).  Please note that policy guidance is subject to change.

For students who are not on a STEM extension, this employment may include:
Paid employment: Students on pre-completion OPT may work part time (20 hours a week or less, full time during vacation periods).  Students on post-completion OPT must work at least 20 hours per week or full time.

Multiple employers: Students may work for more than one employer, but all employment must be related to the student’s degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours.

Short-term multiple employers (performing artists): Students, such as musicians and other performing artists may work for multiple short-term employers (gigs). The student should maintain a list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs.  Remember that the student’s degree program must be in the performance area (music, theatre, etc.)
 
Work for hire: This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.

Self-employed business owner: Students on OPT may start a business and be self-employed. In this situation, the student must work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.

Employment through an agency: Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency.  Employment agencies can be identified in the “yellow pages” of local phone directories under “Employment Agencies” or by searching “Temporary Employment Agencies” on the internet.  Kelly Services and Manpower, Inc are examples of national agencies.
 
Unpaid employment: Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment. Not-for-profit agencies and religious organizations are good choices for unpaid employment.

Special employment rules for 17-Month OPT STEM Extensions: Students authorized an OPT STEM extension must work at least 20 hours per week for an E-Verify employer in a position directly related to the student’s STEM degree.  STEM students may work multiple jobs, but all the employers must be enrolled in E-Verify.  Unpaid or volunteer employment is allowed,
incidental to the student’s status. This means that volunteer work is allowed but does not count as employment for the purpose of maintaining F-1 status under the rules of the 17-Month STEM Extension.

6. Planning to Work in the United States This Summer?

International students in F-1 or J-1 status are reminded that all off-campus employment must be authorized! This includes summer internships and other forms of off-campus employment. Do not jeopardize your non-immigrant status through unauthorized employment. If you have any questions, please come to the ISSS or visit the employment section of the ISSS website at: http://isss.binghamton.edu/emp/index.html

7. Accessing Health Services, Library Services and Off Campus Bus Services During the Summer

BU students remaining in the Binghamton area for the summer (but who are not registered for Summer Session) frequently ask the ISSS about their ability to utilize services during the summer months, such as the Library, University Health Service, and Bus Services.

Any BU student can continue to use the library in the summer with their expired May 2008 BU ID.  A student wishing to visit University Health Service in the summer, but who is not registered for the Summer Session, will be asked to pay a one-time fee of $25 at the Office of Student Accounts per Summer Term.  In order to ride OCCT and BC Transit, non-summer registered BU graduate students must go to the Office of Student Accounts and pay a $30 summer bus pass fee.  Then, bring the receipt for payment to the Registrar's Office, and the Registrar's Office will issue a special card valid to ride the buses this summer

8. CINTAX Will Remove All Saved Income Tax Forms on June 16

CINTAX, the income tax preparation software used by international students and scholars, will remove all 2006 income tax records from their server on June 16, 2008.  So, be sure you have kept printed copies of your income tax forms.  If you have not yet printed an extra copy from the CINTAX web site, now is the time to do so.

9. Did You Receive A Grade of "Incomplete" in Fall 2007?

The Office of International Student and Scholar Services would like to remind international students of a potential problem for those in F-1 or J-1 status who do not complete in a timely manner the required work for a course for which they have been issued an "Incomplete" grade. For example, a student who receives a grade of "incomplete" in a graduate or undergraduate course for the Fall 2007 semester has until the end of the Spring 2008 semester to turn in the required work so that the professor can issue the appropriate final grade. However, if the Fall 2007 course work is not completed, or if the professor does not submit a grade change form, the Incomplete will change to "W" or withdrawn for graduate students, and to "F" or failure for undergraduate students following the Spring 2008 semester.

Now that the Spring 2008 semester is about to end, international students in F-1 and J-1 status who received one or more grades of Incomplete in Fall 2007 are urged to check their Fall 2007 grades in the BUSI system; http://busi.binghamton.edu

A grade change to "W" is very detrimental to any F-1 or J-1 student, because if the course was being counted towards a full-time course load, the W grade means that the course was not completed successfully, dropping the student from full-time to part-time. Often, we find that the student has made arrangements with the faculty member to complete the work. In such cases, we strongly advise the student to check with the faculty member to see if the grade was submitted, or if necessary, extend the deadline for the incomplete and have the grade changed back to "I."

A grade that remains "W," if it drops the student below a full time course load, may mean that the F-1 or J-1 student is in violation of U.S. immigration requirements. Thus, some international students could suddenly find themselves in violation of their F-1 status based on a course taken as long as two semesters ago. Students who find themselves in this situation should contact the ISSS to set up an appointment with Ellen Badger.

10. Registering for Less Than a Full Time Course Load for Fall 2008?

Some students have already completed early registration for Fall 2008, others may delay signing up for courses until the regular registration period that begins August 22, 2008. Since all continuing F-1 students must comply with federal SEVIS regulations, we are reminding students of the rules governing taking less than a full-time course load.

U.S. Federal regulations governing F-1 status require that students pursue "a full course of study" that leads to the attainment of a specific educational or professional objective. For undergraduate students, a full course of study is defined as at least 12 semester credits per semester. For graduate students, Federal regulations defer to the school's definition of a full course of study. See http://isss.binghamton.edu/imm/RuleFTload.htm for a summary of what constitutes full-time study at Binghamton University.

SEVIS regulations require that F-1 students obtain permission from the Office of International Student and Scholar Services before dropping below a full-time course load. A F-1 student who drops below a full course of study without the prior approval of the Office of International Student and Scholar Services will be considered out of status.

One of the most common requests for a reduced course load is when a student is in their final semester of study, but needs less than a full time course load to graduate. The ISSS may authorize a reduced course load for this reason.  If the reduction is authorized, the student must then be registered for those credits needed to complete the course of study.

The student must first obtain permission from the ISSS before dropping below a full-time course load. A special form, which can be obtained from the ISSS or downloaded at:
http://isss.binghamton.edu/forms/study_comp.pdf must be completed by both the student and department advisor, and then approved by the ISSS before any courses can be dropped. In addition, the student must also have filed a "certification of candidacy form" with the Graduate School (for graduate students) or an "application for undergraduate degree" with the Registrar's Office, verifying the student's intention to graduate in that semester.

A note of warning: Students should be absolutely certain that they will be graduating in the current semester before choosing to register for less than a full-time course load. Failure to graduate after dropping below a full-time course load may result in the student being out-of-status, and the loss of F-1 benefits, unless it can be shown that the student is still making satisfactory progress towards their degree.

Graduate students who have completed their course requirements and register for thesis, pre-dissertation research, dissertation, project, or other course rubrics that are eligible to be certified as full-time even though the number of credits will be below the normal full-time course load are not required to seek advance permission from the ISSS, and need NOT be concerned that they will violate their F-1 status if they do not graduate. However, such students who will register for less than 9 credits must submit the Graduate School's "Certification of Full-Time Status" form each semester to their department for filing with the Graduate School. This form may be downloaded at:
http://gradschool.binghamton.edu/documents/FTCForm.pdf

11. Were You One of the Lucky Ones During Random Selection for H-1B?

A number of Binghamton University students (and BU alumni) were selected for H-1B visas during the recent random selection process for cap-subject H-1B petitions.  If you have attained H-1B status, please provide a photocopy of your H-1B petition to the ISSS so that they can update your federal SEVIS record on the date your H-1B status begins.

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