A series of incidents, starting in January 2011 with the Immigration and Customs Enforcement (ICE) raid on Tri-Valley University (TVU) and the January 11, 2017 Student and Exchange Visitor Information System (SEVIS) termination at Herguan University, has highlighted the need for caution by current and potential F-1 students in selecting their respective college or university. The fate of such students is often tied to the practices of their schools. Thus, for the benefit of our readers, we take this opportunity to examine some of the factors that students and potential students should review when selecting U.S. schools, as well as the correct procedures that should be followed by the government if a school does not comply with its F-1-related requirements.
Prestigious or Reputable Institutions are Generally Safer Bet
The immigration-related concerns discussed in this article generally do not apply to those who will be attending well-recognized, long-established, fully accredited U.S. educational institutions. Many U.S. colleges and universities are highly selective and internationally recognized. While rules for F-1 compliance apply to all participating schools, the risk of investigations, raids, and closures is virtually nonexistent when one is attending a well-recognized, prestigious U.S. educational institution. A list of accredited U.S. universities can be found at the Department of Education’s website; however, please note that just because a school is accredited does not mean that they can administer the F-1 program or that they do not have immigration violations themselves.
Government Must Certify School to Administer F-1 Program
All colleges and universities seeking government certification to enroll F-1 students undergo a review process before certification. The review involves an official application (Form I-17) and a site visit by the U.S. Department of Homeland Security (DHS). The school must present documents establishing that it has a bona fide program and the necessary resources to administer the F-1 program on its campus. When choosing a school, prospective international students are encouraged to view the certification status, which is frequently updated and can be found on the Immigration and Customs Enforcement (ICE) website.
Students Must Look Beyond DHS / ICE Certification
As is clear from the TVU raid and closure, and subsequent problems faced by other certified schools, the fact that a school has been certified to enroll international students in F-1 status is not, in itself, a guarantee of the legitimacy of the school and its full compliance with SEVIS and F-1 requirements. While the government should fully investigate and monitor schools prior to and following certification, this does not always occur. Thus, for the student’s own self-protection, s/he cannot solely rely upon the government’s approval of the school for participation in the F-1 program. Students have been forced to take some of this responsibility upon themselves when selecting a college or university to attend.
Review School’s Written Materials on Website and Other Sources
While no single sign of a potential problem with administration of the SEVIS program is indicative or determinative of a certified school’s standing with regard to enrolling F-1 students, it is advisable to review the school’s website and other materials describing its history, academic programs, and instructions for international students. In the case of TVU, the school’s website and printed materials contained frequent misspellings and poor grammar. This is generally not a good sign for any organization, but particularly for an educational institution. Schools with unprofessional materials and websites should be avoided.
It may be difficult for international students, many of whom are non-native English speakers, to make a fair judgment of the English usage of a school to describe its programs and processes. Thus, it may be advisable to ask someone who is in the position to provide an opinion as to whether the language on the school’s website and other materials looks and sounds professional. While occasional, minor typos can happen to even the most professional organizations, frequent grammatical and stylistic mistakes on the website of a college or university typically signify a problem.
SEVP Certification and Academic Accreditation are Different
The SEVP certifies some unaccredited colleges and universities. The fact that a school is allowed to participate in the F-1 student program does not mean that the school itself meets the academic standards set by the U.S. Department of Education for accreditation.
Prospective students may want to make sure that the courses and degrees offered by the school are accredited by the U.S. Department of Education. According to the U.S. Department of Education website, “[t]he goal of accreditation is to ensure that education provided by institutions of higher education meets acceptable levels of quality.” If the school that one is considering cannot be found among the list of accredited U.S. schools, it may be a basis for significant concern as to the legitimacy of its programs.
School’s Instructions and Practices Cannot Violate F-1 Rules
While reviewing the materials of the university or college, one should pay special attention to instructions the school gives to its international students. It is advisable to become familiar with basic rules of maintaining F-1 or M-1 status before requesting an I-20, so that any discrepancies between these rules and the school’s instructions may be identified ahead of time.
For example, as many of our readers are aware, the USCIS has indicated that students enrolled in TVU failed to maintain their F-1 status for two primary reasons. The first of these reasons is engaging in curricular practical training (CPT) during the first academic year of their study. This practice also occurred at UNVA. While this is not absolutely prohibited, there are restrictions regarding when it is appropriate for a school to override the general rule of CPT issuance, which would be after the first academic year. If a school appears to be readily issuing CPT from the start of many or most of its academic programs, this is a cause for concern.
The second reason cited as a failure to maintain status is enrolling primarily or exclusively in online classes. The regulations limit the use of online classes for F-1 students; however, TVU’s website had indicated that this action was permissible. Prior to the TVU incident, many F-1 students were genuinely unaware of the limitation on the number of online courses. The use of online education is a growing trend, used by many reputed schools. Following the TVU incident, however, students should now be aware that there is a limitation. They should verify that the practices of any school they are considering is in compliance with those limitations.
Attendance at Physical Location Required
Since many TVU students attended school exclusively online, they may never have toured the physical TVU location. This, too, would have alerted many of them to concerns about the school. While colleges and universities come in various sizes and with a wide range of facilities, a tour should reflect appropriate classrooms, offices, library facilities and other college amenities.
Prospective students should, if at all possible, tour the respective college or university prior to selection. If this is not possible due to travel considerations, students may wish to reach out to any relatives, friends or other contacts in the U.S. for this in-person assessment.
School Must Have Legitimate Application Process for Admission
While some schools are more selective than others, if a school does not appear to have a true applicant screening process, this is a reason for concern. If almost anyone can be accepted quickly and at any time, the prospective student should exercise caution. There are some legitimate schools, of course, such as community colleges that are intended to serve the local community and provide opportunities for education to a broad spectrum of individuals. Some of the programs at these schools may be open to most candidates, but there is still an academic cycle and an application process. Questions regarding this type of school can usually be resolved by checking the accreditation.
Looking Toward the Future After Your Degree
Students should be aware of the impact of their degree on their future immigration and keep their end goal in mind when applying for a U.S. degree. If the degree is not accredited, the student is not eligible for the H1B Master’s cap. Moreover, the student is not eligible for the Science, Technology, Engineering, and Math (STEM) Optional Practical Training (OPT) if the degree is not accredited and certified by SEVP or in an eligible field of study.
Conclusion
This article is intended as a valuable resource to help MurthyDotCom readers to understand the factors they must consider before rushing to get admission at a U.S. university or other school. We will continue to guide international students so that they can better plan and prepare before finding they have paid fees and enrolled in an educational institution that could cause problems for their immigration status and their future. While there is no single recipe to ensure that a college or university has a strong academic and F-1 program, there are many signs that may suggest its uncertain standing. Some of the signs may raise questions about the potential existence of fraud and serious concerns about the school’s legitimacy. Prospective international students are encouraged to thoroughly research the schools they choose before making a final decision to apply and enroll in any academic programs.
Originally published 01.Aug.2011, this MurthyDotCom NewsBrief has been updated for our readers.
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