SEVIS Sticky Wickets: Leaves &
Transfers
Office of Minority and International Students
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Why isn’t this easier??
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Regulatory interpretation
Agency policy and procedural implementation
Lack of coordination/collaboration between
agencies
Lack of clarity as to regulatory ownership
Levels of authority, OR, What is an FAQ
anyway??
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Problem areas to discuss
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Among many…..
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F-1 leaves of absence in SEVIS
SEVIS transfers
SEVIS record terminations
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Transfer Process
Transfer Out
Transfer In
School A DSO updates
student’s SEVIS record
for transfer out:
• Release date
• New School
School B DSO processes
transfer-in record in SEVIS:
• New program info
• New I-20
• SEVIS registration
Student informs
School A DSO of
plans to transfer
What do the Regulations Say?
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8 C.F.R. § 214.2(f)(8)(8) School transfer eligibility. (i) A student who is
maintaining status may transfer to another Service approved school by
following the notification procedure prescribed in paragraph (f)(8)(ii) of
this section. However, an F-1 student is not permitted to remain in the
United States when transferring between schools or programs unless the
student will begin classes at the transfer school or program within 5 months
of transferring out of the current school or within 5 months of the program
completion date on his or her current Form I-20, whichever is earlier. In the
case of an F-1 student authorized to engage in post-completion optional
practical training (OPT), the student must be able resume classes within 5
months of transferring out of the school that recommended OPT or the date
the OPT authorization ends, whichever is earlier. An F-1 student who was
not pursuing a full course of study at the school he or she was last
authorized to attend is ineligible for school transfer and must apply for
reinstatement under the provisions of paragraph (f)(16) of this section, or,
in the alternative, may depart the country and return as an initial entry in a
new F-1 nonimmigrant status.
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Transfer Basics
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Eligibility for Transfer
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Student must be maintaining F-1 status
Student must have been admitted to new program
New Program must begin within 5 months of the end date on I-20 or
approved OPT period
Transfer out School
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Student notifies DSO of intention to transfer
Student and DSO set date of release for transfer based on
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Academic needs
Travel plans
Employment plans
Projected start date of new program
DSO releases student to new school in RTI setting release date
DSO advises student to report to new program within 15 days of the
start date on the I-20
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Transfer In School
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In SEVIS RTI go to transfer in list on or after date of
release
Select student
Select the Create I-20 option, complete info and submit
Print I-20 with “transfer pending” noted in section 3
Send to student or hold for check in
Student must report to new school in 15 days
Register student in SEVIS no later than 30 days following
program start date
Note in remarks section, Transfer complete and date
New I-20 will note “continued attendance” on section 3
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Transfer Stickiness
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Transfers and Travel
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The student may travel
Must use I-20 of school that holds active or initial record
for re entry to the US or visa application if necessary
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If prior to transfer release date, transfer out school I-20
If after transfer release date, transfer in school I-20
Student may use F-1 visa from transfer out school through
its date of validity
Student must check in with transfer in school within 15
days
Transfer students are not restricted to entry within 30 days
of program start date
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Transfer to the Wrong School
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Before the release date, DSO in transfer out school
can cancel transfer, then submit a new transfer
request to the correct school in SEVIS
After the release date, SEVIS allows transfer in
school to transfer the record for a student while it is
in Initial status, provided the start date at the new
school is within 30 days of the student’s initial
admission. Note the transfer error in the remarks.
Indicate an immediate transfer release date.
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Transfers and OPT
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Students on OPT remain eligible to transfer
through end of 60 day grace period
Note: OPT ends on the date of release. If student
wants to work through summer, set a late date of
release
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Transfers and Employment Eligibility
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On campus
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Students can work on campus that controls SEVIS record
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Work can begin at transfer in school after the date of release
Off Campus
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Transfer student can count time spent studying at the
transfer-out school to count towards any regulatory
requirement to be in status for a full academic year.
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Transfers and Program Completion
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Does a student have to complete their previous
program before transferring?
No, student must be in *lawful status* at time
of transfer, does not need to complete.
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Transfer out should take place prior to withdrawal
or leave of absence
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Transfers of new Initial SEVIS
records
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Transfer of an initial record is ok, but only if new
program will begin within 30 days of the initial date
of admission to the U.S.
Options if new program starts after the 30-day
window?
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Remain at the original school and enroll for one term, or
Withdraw from original school, leave and return with new
initial I-20 from new school
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Transfers vs. Initial entry
What if I issued a student an initial entry I-20 but then find
him/her on my transfer in list?
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If student has not left the US, DSO can issue a new I-20
through the transfer process and cancel the initial entry I-20.
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If the student has traveled outside the US and made an entry
using the initial entry I-20, that is fine, though the eligibility
clock for benefits like OPT will be re-set, and the previous F-1
visa might be needed (school noted on visa has to match
sponsoring institution, unless it is a transfer)
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Transfers and Study at other Schools
Can a student study at a third school over the
summer term without transfer?
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Yes, under the provision of concurrent
enrollment or summer vacation
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Transfers and *A change of mind*
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What if student decides not to transfer and stay
at current school after release date?
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Do not use Transfer out Correction, Call
SEVIS help desk to reactivate record
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Data fix will cancel release date and return record
to transfer out school
If after program end date, help desk can set a new
program end date
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Transfers and Terminated SEVIS Records
The student can:
 apply to USCIS for reinstatement at the current school and
wait for reinstatement approval prior to transferring (Can’t
transfer while reinstatement pending). The student has to be
eligible to continue at the current school though.
 request that his/her terminated record be transferred to the
transfer in school
 get an initial attendance Form I-20 from the new school, travel
outside US and return as initial entry under new F-1 record
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Leaves
Types of leaves (anything over five months’ absence):
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Non-standard vacation term (eg: winter term)
Personal leave
Sick leave
Foreign study abroad term
Academic suspension
Can overlap with reduced course load allowances
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First – clarify “leave”
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Temporary absences (five-month rule): 8 CFR (f)(4):
An F–1 student returning to the United States from a
temporary absence of five months or less (not subject
to 5-month rule if on an approved study abroad
program) may be readmitted for attendance at a
Service-approved educational institution, if the
student presents:
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A current SEVIS Form I–20 properly endorsed by the DSO
A new SEVIS Form I–20 if there **has** been a
substantive change in the information on the student's most
recent Form I–20 information
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Annual Vacation
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Annual vacation (8 CFR (f)(5)(iii)“…if the student is
eligible and intends to register for the next term…. if
the student has completed the equivalent of an
academic year prior to taking the vacation. ”. )
Issues:
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Vacation term that exceeds five months (eg: between
program transfers)
Non-standard vacation term patterns
Graduate vs. undergraduate applications
Study at another U.S. school over a vacation
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Personal Leave
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Student needs some time off – no medical reasons, no
vacation eligibility
No way to maintain the SEVIS record, and the F-1
status, in this case
Or, not?
Explore alternate options with an immigration advisor
in OMIS…there are a few exceptions to the rule!
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Medical Leave
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8 CFR (f)(6)(iii)(B): aka Medical RCL (Reduced Course
Load), however it can be authorized for no course load
12 months’ maximum, renewable each term or semester, per
“particular” program level
Documentation from a doctor (MD or Osteopath) or clinical
psychologist is required
the DSO must
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update SEVIS prior to the student reducing his or her course load.
update SEVIS with the date, reason for authorization, and the start date
of the next term or session.
notify SEVIS within 21 days of the student's commencement of a full
course of study – OR Re-verify the documentation supporting the medical leave for the next
term
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Academic study-abroad
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Final F-1 rule (2003):
 a study-abroad term counts toward the required “one full
academic year” of lawful enrollment required for practical
training eligibility 8 CFR 214.2(f)(10). No time limit
given.
This implies that a DSO may, or even must, leave the SEVIS
record active if the student is on a valid study abroad term…
…but, isn’t the five month rule is still in play…??? No. See
OMIS for more details.
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Academic leaves of absence
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Generally, and academic leave would have to coincide with an
allowed vacation term
Liaison call from 8/07 addresses this, and how to process in
SEVIS (authorized early withdrawal) *even* if student is still
considered active at the school
Notes though:
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Future SEVIS releases may allow these students to be maintained in
SEVIS with active records
If the student ends up returning to school within the five month limit, a
request for a data fix to the SEVIS helpdesk can be made. A flag
removal request will also be generated.
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Unauthorized leaves, and
reinstatements
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Generally, this will require either a reinstatement application,
or travel out of the U.S. / probably a new F-1 visa application
Reinstatement is approvable only if a set of circumstances are
met, and the student can show that:
 The reason the violation occurred was beyond the student’s
control AND
 The RCL or leave was approvable by the DSO at the time it
happened AND
 Denial of the reinstatement would result in “extreme”
hardship to the student
Travel may often be the best option
We MUST consider carefully the ethics of *how* we advise
on “unauthorized” leaves…
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Questions?
Contact the Office of Minority and
International Students
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