Bureau of Educational and Cultural Affairs

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Student, Post-Secondary (College and University)

Regulations pertaining specifically to the College/University Student category are found at [22 CFR 62.23].

This category provides foreign students the opportunity to study at a degree-granting post-secondary accredited educational institution. Students may participate in degree and non-degree programs.

Foreign students are eligible to participate in this category if at any time during their college studies in the United States they or their program are financed directly or indirectly by the United States Government, the government of their home country, or an international organization of which the United States is a member by treaty or statute, or if they are supported substantially by funding from any source other than personal or family funds. Students are also eligible if their program is carried out pursuant to an agreement between the United States Government and a foreign government, or pursuant to written agreement between American and foreign educational institutions, an American educational institution and a foreign government, or a state or local government in the United States and a foreign government.

Students who are in degree programs shall be authorized to participate in this category as long as they either study at the post-secondary accredited educational institution listed on their Form DS-2019 or participate in an authorized academic training program, as permitted in [22 CFR 62.23(f)]. Students admitted to non-degree programs shall be authorized to participate in the Exchange Visitor Program for up to 24 months if they are studying at the post-secondary accredited educational institution listed on their Form DS-2019 or participating in an authorized academic training program, as permitted in [22 CFR 62.23(f)]. Students in either degree and non-degree programs must pursue a full-time course of study, as defined in [22 CFR 62.23(e)], and maintain satisfactory advancement toward the completion of their academic program. Before issuing the Form DS-2019 sponsors determine that their participants have the academic credentials required for their program, and ensure that they have been admitted to the post-secondary accredited educational institution listed on the Form DS-2019.

Participants in this category are required to maintain a full course of study as defined in [22 CFR 62.2], except (1) during official school breaks and summer vacations if the student is eligible and intends to register for the next term; or because (2) of an illness or medical condition; (3) for a bona fide academic reason; (4) they are engaged full time in a prescribed non-degree program for up to 24 months; (5) they are engaged in authorized academic training; or (6) they require less than a full course of study to complete their academic requirements during the final term. To justify a reduction or interruption in studies for medical or academic reasons, students must present the responsible officer a written statement from a physician or from the academic dean or advisor, respectively, recommending such a course of action.

Students may participate in academic training with or without wages or other remuneration during their studies with the approval of the academic dean or advisor and the responsible officer.

Participation in academic training programs for wages or other remuneration must be authorized in writing and in advance by the responsible officer for the duration and type of academic training. It may take place during the student's studies or may commence no later than 30 days following the completion of the student's studies if the (1) student is in the United States primarily to study rather than engage in academic training; (2) academic training is directly related to the student's major field of study at the post-secondary accredited educational institution listed on the Form DS-2019; and (3) student is in good academic standing.

The duration of the academic training is the length of time necessary to complete the goals and objectives of the training, provided that the amount of time for academic training is approved by the academic dean or advisor and the responsible officer. Academic training for undergraduate or pre-doctoral students may not exceed 18 months, inclusive of any prior academic training in the United States, or the period of full course of study, whichever is less. However, academic training for a longer period is allowed to the extent necessary for students to satisfy the mandatory requirements for their degree programs. Academic training for postdoctoral students does not exceed 36 months, inclusive of any prior academic training in the United States, or the duration of the student's full course of study in the United States, whichever is less. A new Form DS-2019 is issued for every 18-month period of academic training for postdoctoral students.

Procedures for requesting academic training are explained in the category regulations, at [22 CFR 62.23(f)(5)]. Please refer to this citation for details.

Participants in this category may engage in part-time employment under certain conditions, including good academic standing at the post-secondary accredited institution indicated on the Form DS-2019. The employment must be pursuant to the terms of a scholarship, fellowship or assistantship, and must occur on the premises of the institution at which the student is authorized to attend. Employment may be off-campus only if the student is in serious, urgent, and unforeseen economic circumstances that have arisen since acquiring exchange visitor status. The employment cannot total more than 20 hours per week except during official school breaks and during the student's annual vacation, and students must continue a full course of study except for official school breaks and the student's annual vacation. The responsible officer must approve the employment in advance and in writing. Approval may be valid for up to 12 months, but is automatically withdrawn if the student's program is terminated.

Please refer to the category regulations for details on the screening and selection of the students and the sponsor's administrative obligations and procedures.

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