Update your address

The F-1 nonimmigrant category was created by 101(a)(15)(F) of the Immigration and Nationality Act.  An F-1 student is a nonimmigrant who is pursuing a full course of study to achieve a specific education or professional objective at an academic institution in the United States [U.S.].  International students in F-1 status make up the majority of international students in most academic and language programs at the University of Iowa and in the U.S.

As a student in the U.S. in F-1 status, you are required to follow specific federal laws.  This is meant to provide a generic overview of certain F-1 requirements; it does not contain all laws for every situation.  If you ever have questions or concerns, always contact an advisor with International Student and Scholar Services for specific guidance.

As an F-1 student, it is your responsibility to maintain your non-immigrant F-1 status.  Failure to follow the laws for F-1 status can result in you losing your legal ability to be in the U.S., and may harm your chances of getting a new visa in the future.  To ensure you are following F-1 laws, you must:

  1. Keep your passport valid at all times, in most cases for at least 6 months into the future.
  2. Complete your class registration by the published registration deadline (generally the 10-12 days after the first day of class, as published in the Office of the Registrar Academic Deadlines calendar.
  3. Update your change of physical address (where you live in the US) on MyUI within 10 days of the change.  This address cannot be a P.O. Box or a departmental address.
  4. Pursue a full-course of study each fall and spring semester, defined as 12 semester hours for undergraduate students and 9 semester hours for graduate students.
  5. Obtain permission from an ISSS advisor if you need to enroll in less than a full-course of study, using the Part-Time Enrollment Authorization form.  
  6. Obtain permission from an ISSS advisor before withdrawing from all your courses.   
  7. Make normal progress toward completing a course of study.  This includes graduating when you are eligible to graduate and not delaying graduation for non-academic reasons. 
  8. Not let your I-20 expire.  You must remember the expiration date on your I-20, and process your program extension prior to the expiration date listed on your current I-20 if you are not able to complete your studies by that time.
  9. Restrict your on-campus work to a weekly total of 20 hours per week during the fall and spring semesters.  You may work full-time during the winter and summer vacations. 
  10. Refrain from beginning off-campus work until you have obtained the necessary authorization in advance from either ISSS or the USCIS. 
  11. If traveling outside the U.S., ensure you have a valid visa (except citizens of Canada and Bermuda) and a recent travel signature on your I-20.
  12. Notify ISSS if you will be outside of the U.S. for more than 5 months
  13. Contact ISSS if you wish to transfer to another U.S. school.
  14. Not work after completing your program of study unless you have been authorized for Optional Practical Training.
  15. Depart from the U.S. within 60 days after completing your program of study.

You must always report the local U.S. address at which you are currently residing. Do so even if you are staying somewhere temporarily. The law also requires you to update your address within 10 days of moving. Failure to follow this procedure will result in you losing your legal immigration status. Please follow these steps to update your address:

  1. Log on to MyUI
  2. Click on the “Student Records” link
  3. Click on the “Change Address Information” link
  4. To update US address, click on the “Residing Address” tab.
  5. Select “USA or USA Territory” under Address Type. ; This MUST be your local residential address. Due to federal law requirements for international students, it cannot be a foreign address, department address, or Post Office address. Enter your complete address and telephone number.
  6. Optional: If you wish to keep the public from being able to see your address or telephone number, select the appropriate setting from the “Restrictions” field.
  7. Submit Address Update. Make sure it is strong>effective immediately rather than a future date.

If you are experiencing difficulty, visit ISSS and ask for assistance.

Update your Foreign Address

  1. To update foreign address, click on the “Home Address” tab.
  2. Select “Foreign (Non-USA)” under Address Type. This should be your permanent address in your home country.
  3. This step is optional. If you wish to keep the public from being able to see your foreign address, select the appropriate setting from the “Restrictions” field.
  4. Submit Address Update

Other

The “1st Parent Address” and “2nd Parent Address” tabs are optional, but we do recommend filling in this information if it is different than what you list for foreign Home Address. This would be used to contact your family in an emergency.

Remember that any course drop(s) must be approved while the semester is still in session.  International students in F status cannot retroactively drop or withdraw courses once a semester has ended.

Permission from International Student and Scholar Services is required to process this change in registration for anyone on a student visa if the drop will (1) take you below full-time enrollment, or (2) involves online/distance courses.  Students in F-1 should follow the steps below:

  1. Initiate the drop online in MyUI.  It will inform you if you also need ISSS approval.
  2. Log in to iHawk at https://ihawk.uiowa.edu using your HawkID and password.
  3. Go to the section titled “Other Services.”
  4. Read the instructions and submit the e-form titled “Course Drop Request.”  This alerts the ISSS Advisor assigned with your UID that you are requesting a course drop in MyUI (NOTE: Without this request ISSS does not know you are requesting a drop).
  5. It may take up to 48 hours (weekdays only) for ISSS to process your request, unless it is a drop deadline day (see below).  Please do not email ISSS or come in person about your drop request unless four (4) days have passed.
  6. You will receive an email from ISSS to either let you know that we have approved your drop, or if additional information is needed.
  7. Remember that your academic advisor must also approve the drop in MyUI, and most advisors prefer you to see them in person before they will approve.
  8. Once you have all necessary approvals, you then need to log back in to MyUI to finalize the drop.

Drop Deadline Dates.  ISSS will not review e-forms submitted after 4:00 p.m. on the deadline dates.  Drop deadlines are well-published by the Registrar Service Center and it is your responsibility to ensure the e-form is submitted before 4:00 p.m. including on any deadline date.

Requests submitted after the official UI deadline are considered LATE DROPS, and will require approval from the Dean’s office of your college.  You will find deadline dates listed at https://registrar.uiowa.edu/academic-calendar.  On a course drop deadline day, ISSS will do our best to process drop requests on time, but it is up to you to submit requests in a timely manner.

General Rules for Course Drop Request:

  • If your drop request will put you below full-time (fewer than 12 s.h. for undergrads or 9 s.h. for grad/professional students) you must also submit a part-time authorization e-form in iHawk, and your academic advisor must enter comments in the e-form before we can approve this request. Only qualifying reasons can be used to request part-time authorization from ISSS.
  • If your drop will put you bellow full-time and is due to a documented medical condition, please follow the medical part-time authorization instructions. 
  • If you wish to completely withdraw from the semester/all courses, follow the withdrawal process in the section below. 
  • F-1 students: only one (1) online/distance course of up to 3 s.h. can count toward full-time enrollment requirements each semester – remaining courses must all be in-person classes. 

Withdrawal Definition

The information below is primarily for F-1 students. 
 

Definition:  For immigration purposes, withdrawal refers to

1) Withdrawing from all courses student is taking during the current semester

OR

2) Completing the current semester but not returning to classes in the next academic semester (or during the official break between semesters)

How do I withdraw from my classes in the middle of the semester?

Each semester has a withdrawal deadline prior to the final four weeks of classes.  The deadline is published on the website of the Registrar Service Center.  Students may sometimes withdraw after the deadline* but must obtain special permission per regulations in their academic college. Late withdrawal should not be used by international students to escape anticipated poor grades. Late withdrawal may carry issues associated with the immigration status.**

**ISSS is seeing visa denials for students who withdraw late in a semester.  It is possible that consular offices are viewing these late withdrawals as attempts to escape poor grades and deny accordingly.  If you choose to withdraw later and have difficulty renewing your visa, there will be nothing ISSS or the UI can do to assist you.
 

What happens to my academic record after I withdraw from my classes?

Your academic record will indicate with a letter "W" that you withdrew for a given semester.  You will not receive grades or academic credit for the courses you had been enrolled in prior to withdrawing your registration for that given semester. 

What happens to my F-1 immigration record if I choose to withdraw from the current semester?

If your withdrawal is approved by academic advisor and then by ISSS, your immigration record in SEVIS is terminated by ISSS for "Authorized early withdrawal" reason. This type of termination does not leave a negative mark in your immigration record. The ISSS approval is given electronically in MyUI following the approval by your academic advisor or Academic Advising Center.  After you received approval from ISSS, you will have up to 15 days to depart the U.S. 

If you did not notify ISSS and withdrew from your classes without ISSS approval then you have no grace period and must immediately depart the U.S.

I did complete the semester, but now I’ve decided I want to take some time off.  When do I need to depart the U.S.? 

  1. If you are still here in Iowa City, please come in to ISSS office during walk in hours to discuss your plans before departure. 
  2. If it is a break between fall or spring semesters (i.e. winter break or summer break), and you are in the U.S., you have flexibility in choosing what date you leave the U.S., as long as you have departed and withdrew from classes & immigration status by the first day of classes of the next semester. If you are already in your home country when you decide to withdraw, again, the request must reach ISSS before the first day of classes.

For example, you may decide that you need to take the fall semester off.  You decide you will leave the U.S. July 15.  You will indicate that date when you submit the withdrawal request e-form to ISSS.  Your SEVIS record will not be terminated until that date.  At that point you will no longer be in legal status so you must make sure to not delay beyond your original departure date - if your plans change, you need to communicate with ISSS BEFORE your original departure date arrives.  

Although your SEVIS record is "terminated" after your withdrawal is approved by ISSS, this is not viewed as a "negative" mark on your immigration record.  It is the standard procedure required by the U.S. Department of Homeland Security.  Your electronic SEVIS record will show that you were terminated due to "authorized early withdrawal."

Retroactive Withdrawal

Retroactive Withdrawal means withdrawing from a semester that has already completed.  This also covers drops of individuals courses.  As of May 2014, the U.S. Department of Homeland Security informed ISSS that retroactive withdrawal is not permissible under any circumstances.  This means that an international student can no longer receive permission to have registration for a previous semester removed.  Any withdrawal request must be approved by ISSS and must occur BEFORE the end of the existing semester, or a start of the next semester, to be withdrawn.

Non-Medical Withdrawal:  F-1 Withdrawing and Returning to the University of Iowa - Absent Less Than 5 Months

This option is only for those who:

1. Withdraw from a semester after it has started, and before the withdrawal deadline published by the Registrar Service Center. 

2. Or withdraw during a break within a certain period of the start of the semester.

If you will be absent from the U.S. for less than 5 months and not enrolled in classes at the University of Iowa, your SEVIS record must be terminated.  You must then leave the U.S. within 15 days of your withdrawal.  

Withdrawal process if you wish to return for the next semester:

To ensure sufficient time to have your SEVIS record reactivated, you must withdraw by the withdrawal deadline published by the Registrar Service Center. Otherwise, you must instead follow the instructions below for "Absent More Than 5 Months" and wait until the following semester to return.  

To withdraw:

  1. Log in to your iHawk account (click the blue login button) using your HawkID and password. 
  2. Go to "F-1 Student Services" and complete the "Withdrawal Request-- Less than 5 Months" e-form request. 
  3. Wait for ISSS email confirmation that your withdrawal was approved before departing the U.S.. ISSS also may contact you for clarification if we you did not discuss your withdrawal with us prior to seeing your request.

To reenter the U.S. after your 5 months or less absence, you must have:

      1) a passport valid for at least six months upon re-entry,
      2) valid F-1 visa and
      3) your current I-20 with a valid travel signature.  Travel signatures are valid for entry into the U.S. for one year from the date signed, provided your document has not expired, and your major, degree level, and/or source of funding has not changed.

When you are ready to return, your immigration status must be reactivated by SEVP.  Approximately 60 days prior to the start of the coming semester you must log back in to the “Withdrawal Request - Less than 5 Months” located under the F-1 Student Services tab in iHawk. Complete the “Reactivation of SEVIS Record” e-form so that we can ask SEVP to have your SEVIS record reactivated.  We can only contact them up to 60 days before the start of classes for the semester in which you plan to return to the University of Iowa.  This means that delays may be possible depending on how long it takes SEVP to reactivate your record, and we cannot guarantee it will be done in time for you to return for the desired semester.  This is a risk taken in withdrawal.

Non-Medical Withdrawal:  F-1 Withdrawing and Returning to the University of Iowa - Absent More Than 5 Months

This type of withdrawal is for:

  • Those who will withdraw and be absent more than 5 months before the next session of enrollment.
    OR

  • Those who request withdrawal after the semester's withdrawal deadline has passed.  This withdrawal option does carry risks, and even if you are confirmed by the Consulate to use your valid visa, it is the CBP inspection at the first port of entry that determines your admissibility to the U.S.. 

NOTE: Please be aware that ISSS will not approve any non-medical withdrawal requested during the finals week of any semester.
To withdraw:
If you will not maintain registration at the University of Iowa to keep working on your degree program (such as through an official UI study abroad program or registering for PhD Continuous Registration while working on your dissertation), ISSS is required to terminate your SEVIS record.  Please login to your iHawk account (click the blue login button) using your HawkID and password. Go to "F-1 Student Services" and complete the "Withdrawal Request-- More than 5 Months" e-form request to have your withdrawal approved.

To reenter the U.S. :

A) After a 5-12 month absence:  

  • Contact ISSS, ideally three to five months before your plan to return, in order to obtain a new, initial I-20. 
  • Follow the procedures to request this I-20 and submit the I-20 Request Form.  

B) After more than 12 months and will not maintain registration:  

  • First complete a short form to be officially readmitted to the University of Iowa.  Contact the Office of Admissions and click on the information for “Returning Students” for instructions.  

When using this type of withdrawal, you will be issued a new, initial I-20 with a new SEVIS identification number.  This means:

  1. You will be required to pay the SEVIS fee before you will be allowed to re-enter the U.S.  Please refer to our instructions on paying the SEVIS fee.
  2. You may be required to obtain a new F-1 visa if it expired during your absence.
    • If the visa did not expire during your absence, you may use the unexpired visa for re-entry into the U.S. It is important that you contact the U.S. Consulate that issued the unexpired visa to ensure it is still valid when you travel back to the U.S. Do this before departing your home country.
    • If it is confirmed by the U.S. Consulate that the unexpired visa in your passport is valid for travel, please take the receipt for SEVIS fee payment with you. It will have to be presented to the Customs and Border Protection officer at the first U.S. port of entry. 
    • If using unexpired visa for travel, CBP officer may ask for "Secondary Passport Screening/ Inspection" to cross check your immigration record. This could cause a delay in catching your connecting flight. Adjust your flight schedule to account for this possibility and to avoid flight changes/ cancellations.
  3. You can only re-enter the U.S. up to 30 days before the report date on the new I-20.
  4. You will need to contact ISSS as soon as you return to the U.S.  If you do not check in, your SEVIS record will be automatically terminated by the system after 30 days and you lose your legal ability to be in the U.S.
  5. Once you have returned to the U.S., you will not be eligible for Curricular Practical Training or Optional Practical Training until you have been registered full-time for one full academic year (summer session excluded).

Medical Withdrawal

The rules and process for medical withdrawal is different.  Follow the process outlined on the Medical Condition Part-Time Authorization or Withdrawal page.

Reduced Course Load, or Registering Below Full-Time

F-1 & J-1 students are required by federal law to register full-time every fall and spring semester during their programs of study.  Full-time registration is considered to be 12 s.h. for undergrads and 9 s.h. for graduate students.

Note that exchange students and other non-degree students on F-1 or J-1 student visas cannot qualify for a reduced course load and must register full-time.

In some situations, F-1 & J-1 degree-seeking students may qualify to enroll below full-time.  The reasons are very limited, and generally relate to first-year adjustment and academic situations.  The reasons include:

 

Academic Difficulty:   Below are the options to qualify for Academic Difficulty; use of only one option is permitted - once an Academic Difficulty option is used, the rest are no longer available:

  • Initial Difficulty - If a degree-seeking student is in their first year of study in the U.S. and is experiencing:

(1) initial difficulty with the English language, or
(2) unfamiliarity with American teaching methods, or
(3) initial difficulty with reading requirements

       OR                                                                                                   

  • Improper Course Level – Can be used once at any time during an academic program when a student has registered for a course that is too advanced or difficult for their level.  Students must still take at least 6 semester hours.

 

Other reasons:

  • Undergraduate or Master's degree candidates in their final semester of study.  This option may only be used once per degree level.  Students must graduate in the semester for which they received ISSS authorization.
    NOTE: In their final semester, international Bachelor's or Master's degree students cannot be registered for courses that are related only to minor, and/or certificate, and/or online courses only.
  • Students who are experiencing serious medical issues may also seek limited permission to drop below full-time, not to exceed 12 months.

All of the above permissions to reduce course load require input from the Academic Advisor, ISSS approval, and reporting to the SEVIS system.  An updated I-20 must be printed for any of these reasons.

 

Full-Time Equivalency:  Other students who may qualify for a reduced course load are students whose enrollment is considered "Full-Time Equivalent."  These students include:

  • Students participating in the ESL Transitional courses (Undergrad) or TAPE courses (Grad). These courses earn no credit but are considered equivalent to 3 s.h. by the ISSS.  Ex. an undergrad is registered in one ESL Transitional class at 0 s.h. (considered equivalent to 3 s.h.) plus 9 s.h. of academic coursework. Consequently, the student's enrollment may be considered full-time equivalent.
  • Graduate degree-seeking students who hold an assistantship and are registered for a minimum of 6 s.h.
  • Graduate degree-seeking students who have completed or will complete all course work during the current semester and are making normal progress on a required thesis/dissertation or who take comprehensive examination.
  • Students participating in a full-time on-campus clinical program in Dentistry
  • Students enrolled "concurrently" at the UI as well as another institution (commonly Kirkwood Community College) - see the details below.

All of the above permissions to reduce course load require input from the Academic Advisor and ISSS approval. 

 

Concurrent Enrollment at Another College or University 

Students may also wish to take a course or two at a nearby college and apply that credit to the degree program at the University of Iowa.  This is called concurrent enrollment.  Typically this is an option used by undergraduate students who enroll at Kirkwood Community College.  Students must have been enrolled at the UI for a minimum of one semester to qualify.  Students must still be enrolled in a minimum of 6 s.h. at the University of Iowa plus sufficient hours at the other school in order to total at least 12 s.h.  Students must also arrange to have the credit from the other school transferred to the UI as soon as the semester is over; failure to do so may result in termination of status for failure to maintain full-time enrollment.

 

Long Distance Education/On-Line Classes

For F-1 Students:  Only one on-line or distance education class (up to 3 s.h.) can be counted each semester toward full-time equivalency, or towards 12 s.h. for undergraduate students or 9 s.h. for graduate/professional students.  The class is considered “on-line” or “distance education” if it does not require the student’s physical attendance in a classroom for classes, exams, or “other purposes integral to completion of the class.”  These include courses offered “principally through the use of television, audio, or computer transmission, including open broadcast, closed circuit, cable, microwave, satellite, audio conferencing, or computer conferencing.”

For J-1 Students:  J-1 students cannot count any online course toward full-time enrollment.

If it is the final semester (whether fall, spring, or summer) and a full course load is not needed, students are not permitted to take only an online class.  At least one in-person course must be taken during the final semester. The class must also be a semester-long class, not an off-cycle short course.

 

How to Request part time authorization

Students who wish to receive authorization to register below full-time, or who are engaged in concurrent enrollment at another college or university, must request ISSS permission by following the instructions below:

Instructions

  1. Login to your iHawk account (click the blue login button) using your HawkID and password. Go to "Other Services" and complete the e-form "Part-Time Authorization for Academic Reason.Be sure you enter the correct email address for your academic advisor.
  2. Once you complete the e-form, your academic advisor will need to review it. Your advisor will receive an email message from ISSS which will provide a link to review your request. Your advisor will be asked to comment on your request.  
  • If you are advised by the Academic Advising Center, you must make an appointment to meet with your advisor before they will approve the e-form request. 
  • If you are advised elsewhere, your advisor may also prefer that you schedule an appointment to meet with them; it is a good idea to inform your academic advisor that he/she has been sent an email from the ISSS that will need to be reviewed and approved.
  1. After your advisor comments on your e-form request, ISSS will review your request.  Once your request is approved, we will send you a confirmation email stating that we have received and processed your request.  If the approval requires making a report to the SEVIS system you will also be notified that you may pick up your newly updated I-20.

 

Note for Academic Advisors:  If you are unable to read the full reasons on iHawk, they are as follows:

  • Academic Difficulty:  First year of study in the US and having trouble adjusting because of academic difficulty
  • Enrolled in Iowa Intensive English Program (IIEP) courses
  • Enrolled at an improper course level (i.e. coursework is too advanced for the student)
  • Bachelor's or Master's student in final semester of study (is graduating this semester)
  • Has a Graduate Assistantship and is enrolled in at least 6 s.h.
  • Graduate student done with coursework and preparing for comprehensive examinations
  • Graduate student done with coursework completing Thesis/Dissertation
  • Enrolled in TAPE (Teaching Assistant Preparation in English) Program
  • Participating in full-time clinical program in Dentistry
  • Student is concurrently enrolled at another institution in credit that will transfer to the UI

 

Summer sessions

Registration during the summer session is not required unless it is the first semester of study (including return after absence) OR a student has changed to a new degree level which becomes effective during a summer session.  In these cases, 6 s.h. is considered full-time for undergrads and 5 s.h. for graduate students (3 s.h. for those with an assistantship).

 

Study Abroad or Research Abroad

If you will be absent from the U.S. for an extended period of time, but will be registered in an official study abroad program OR you will be maintaining your registration at the University of Iowa while doing research/working on your dissertation, your SEVIS record will not be terminated, provided you continue to maintain status and agree to meet certain requirements.

For students conducting research abroad, you must maintain full-time enrollment or be authorized for part-time enrollment by ISSS each semester you are absent (12 s.h. for undergraduates and 9 s.h. for graduate students).  If you pursue part-time enrollment, you must submit the appropriate part-time authorization e-form in iHawk no later than the second week of the semester

You are encouraged to e-mail isss@uiowa.edu at least one month prior to returning to the U.S. to confirm your SEVIS record is active and you will be able to return successfully.

 

F-1 and J-1 students are required by federal immigration regulations to be engaged in a “full course of study,” which means 12 semester hours each fall/spring semester for undergraduates, and 9 semester hours each fall/spring for graduate students. You must obtain authorization from an ISSS adviser to be enrolled less than full-time during any fall or spring semester. The ISSS advisor must indicate such authorization in the SEVIS system as required by the federal regulations.

Rules

  • Enrollment below full-time for medical reasons cannot exceed a total of 3 semesters.
  • New documentation must be provided from your physician and authorization must be granted from an ISSS adviser each fall or spring semester in which medical authorization is sought.
  • If a student later moves to a higher degree level (such as from MA to PhD), the student receives an additional 3 semester limit permitting part-time enrollment due to medical reasons.
  • If after 3 semesters the student is still unable to resume full-time studies, the student must either leave the U.S. and reapply when he/she is able to handle full-time studies again, or apply to change to another nonimmigrant status appropriate for continuing medical treatment in the U.S.

Caution: When applying for part-time enrollment authorization, please consider how it will affect your plan to graduate. While program extensions can be granted for compelling medical reasons, if you miss a course that is required for your degree program, and it is only offered every other year or semester, this will present you with some registration problems in the future. In such instances you risk being viewed as delaying graduation and potentially violating your immigration status. Talk to your academic advisor and plan accordingly.

Procedure

Note that this procedure is used for both (1) dropping below full-time based on medical condition and (2) complete withdrawal based on medical condition.

  1. Obtain a letter from your physician (Medical Doctor, Doctor of Osteopathy, or Licensed Clinical Psychologist only). A letter that does not meet these criteria will be rejected. See the sample letter below - you can print this and give to your health care provider.
    1. The letter must be printed on the physician’s letterhead, and include the name of the health facility and address, and
    2. The letter must be dated, and
    3. Must indicate that you have a medical condition which prevents you from registering full-time during a specific semester, and
    4. Must specify the number of semester hours for which you can register, and
    5. Must specify the date by which you will be expected to return to full-time studies, and
    6. Must show the physicians printed name, professional title/degree, include a signature and include their email address.
  2. Send this letter to the ISSS as soon as possible by submitting an e-form in iHawk (click the blue login button and log in with your HawkID and password). Go to "Other Services" and complete the e-form "Part-Time Authorization" by selecting the first option on the list for "illness/ medical condition."

Medical Letter Template

Here is a printable version of the medical letter template

Forged Medical Letters and Other Documents

ISSS is aware that services exist to provide faked/forged medical letters, or that some people may try to create them on their own. Please be aware that we do verify the legitimacy of all medical letters submitted to us. If we discover that a student has submitted a forged medical letter, it will result in termination of the F-1 or J-1 status, which means immediate loss of legal status in the U.S. It is also reported to the home college (Liberal Arts, Engineering, Business, etc.) as an academic misconduct violation. There may be further sanctions from the University of Iowa as well. We also reserve the right to inform any medical provider if their name/company name is used in a forged medical document. This is a serious violation.

A Note to Pregnant Students or Students Who Have Recently Had a Baby

Most people understand how difficult and challenging it is to be pregnant and recover from childbirth. However, aside from such things that threaten the health or life of baby or mother, or complications experienced during delivery, U.S. immigration may take a different point of view. While ISSS will not second-guess any recommendations provided by a qualified physician, we urge students to use caution when requesting authorization for a medical condition that relates to pregnancy or childbirth. Such things as breastfeeding and getting no sleep, or even a “normal” pregnancy, may present challenges, but it is not clear that SEVP will really view these as “medical conditions” should they ever have reason to review the situation of a student who has received such authorization. It may be helpful as a guide to remember that U.S. law, through the Family Medical Leave Act, protects American workers’ jobs only up to 12 weeks maximum.

This page gives a list of some local, State and Federal laws that international visitors to the US need to be aware of. While these are not immigration issues, all international visitors are required to follow the same laws. This information is meant to be a very basic introduction to the more common legal issues international visitors may encounter.

Students seeking legal advice outside of immigration issues for F and J status are encouraged to contact Student Legal Services, the office on campus that provides professional legal advice and representation in many cases for University of Iowa students.

Driving Laws

For complete information on Iowa laws regarding licenses and driving, please see the driver’s manual for the Iowa Department of Transportation. You may also find specific information regarding obtaining your license in Iowa City.

Some common laws regarding driving in Iowa:

  • Seat Belts and Restraints -
    • The driver and front-seat passengers must wear safety belts.
    • Children under one year of age and weighing less than 20 pounds must be in a secured, rear-facing restraint system.
    • Children under 6 or over 20 pounds must be in an age-appropriate restrain system, such as a booster seat.
    • Older children who are large enough must wear the car’s safety belt.
  • Insurance and Registration –
    • All drivers in the state of Iowa must carry minimum liability insurance on their automobiles. The purpose of this is to provide some financial coverage for injuries and property damage in the event of an accident. You must carry proof of current and active auto insurance when driving.
    • All owners must register their motor vehicles with the county in Iowa in which they reside, and update the registration each year.
  • Accidents
    • If you are involved in an automobile accident, even if there seem to be no injuries and damage is minor, it is recommended you contact local law enforcement to come to the scene of the accident. They will assess and investigate the situation, fill out any necessary paperwork, and also connect you and others involved with medical care if needed. You should not leave the scene of the accident until law enforcement has arrived and told you it is OK to leave.
    • Gather information from the other driver, including copying the name and address from their driver’s license, a phone number, and copy down the license plate of their car. Do NOT discuss or admit to any fault. This is something to discuss only with the police and your insurance company. Do not let the other driver try to talk you into not calling the police.
    • Contact your insurance company as soon as possible, ideally on the same day as the accident.
  • Cell Phones and Texting While Driving – As of this date, Iowa currently does not restrict cell phone usage while driving, but texting while driving is against the law.

Domestic Violence

In the United States, and more so in Iowa than in some other states, domestic abuse (or “domestic violence”) is a crime. Laws aimed at protecting victims of domestic violence are strictly enforced in Iowa City and on the university campus. If a couple is fighting and the police come to the scene and find evidence of assault (such as a cut, bruise, or scratch), they are required to arrest the attacker and take them to jail for the night. In the morning, after appearing before a judge who sets the date for a trial, the attacker is set free. A "no contact" order is put in place until the trial. The order forbids the attacker from returning home, seeing, talking to, or having any contact with the victim.

Women who are victims of domestic violence may stay temporarily at the Domestic Violence Intervention Project (DVIP), which is a "safe house" in a secret location. It is staffed by counselors who can help the woman and her children (if she has any) remain free of their dangerous situation and make decisions about the future.

The stresses of being a student family in a foreign country can sometimes lead to family violence, and wives of foreign students sometimes become victims of domestic abuse. Any woman who feels that she is being victimized by her husband or a person with whom she is living should seek help immediately. Staff are on duty at the DVIP (319-351-1043, or 1-800-373-1043) 24 hours a day. ISSS Advisors (319-335-0335), the RVAP (Rape Victim Advocacy Program, 319-335-6000, or 24-hour hotline 800-228-1625), and the WRAC (Women's Resource and Action Center, 319-335-1486) are committed to helping both foreign student wives and foreign student husbands who find themselves in abusive situations.

Child Abuse and Endangerment

In Iowa, a child is defined as anyone under the age of 18. There are numerous laws in place to protect children from physical, sexual, and mental/emotional abuse. Please see the Iowa Department of Human Services website for more specific details.

One area where some international parents may encounter problems is “denial of critical care.” In part this law has to do with ensuring children have necessary food, clothing, shelter, and medical care. But it also includes when it is considered legally safe to not supervise a child, or to leave them alone – something that can differ considerably from one culture to another.

“Failure to provide proper supervision of a child which a reasonable and prudent person would exercise under similar facts and circumstances, to such an extent that there is danger of the child suffering injury or death.” This definition includes cruel and undue confinement of a child and the dangerous operation of a motor vehicle when the person responsible for the care of the child is driving recklessly or driving while intoxicated with the child in the vehicle.

The Department of Human Services receives many inquiries each year regarding when a child can be left home alone safely. Iowa law does not define an age that is appropriate for a child to be left alone. Each situation is unique. Examples of questions to help determine whether there are safety concerns for the child include:

  • Does the child have any physical disabilities?
  • Could the child get out of the house in an emergency?
  • Does the child have a phone and know how to use it?
  • Does the child know how to reach the caretaker?
  • How long will the child be left home alone?
  • Is the child afraid to be left home alone?
  • Does the child know how to respond to an emergency such as fire or injury?

Alcohol and Illegal Drugs

Laws governing alcohol usage in Iowa can be complex and sometimes surprising for international students who may come from places that have different or no laws regarding alcohol. Below is a summary of the most common alcohol offenses.

  • PAULA – Possession of Alcohol Under the Legal Age – The minimum age to legally consume alcohol in the state of Iowa is 21. This applies to not only drinking alcohol, but “possessing” it as well. If you are “just holding” a beer for your friends, or it was “just sitting in front of you,” you can be issued a ticket and fined several hundred dollars in Iowa City. The easiest way to avoid this is to not drink under the age of 21, don’t hold your friends alcohol, and don’t let your friends leave it sitting in front of you.
  • Providing to Minors – It is illegal to provide alcohol to persons under the age of 21. This includes not only selling alcohol to minors, but purchasing it for them or giving it to them as well.
  • Public Intoxication – This means “being drunk and disorderly in public.” If you are or have been drinking, and behave in such a manner to indicate you are intoxicated, you may be issued a ticket or arrested.
  • Open Container Laws – In Iowa it is illegal to have open containers of alcohol in a motor vehicle; it is also illegal to consume or have open containers of alcohol in public places. (Restaurant outdoor seating, such as you see in the Pedestrian Mall, is generally well-marked and they have special permissions for customers to consume alcohol in these areas.)
  • Driving Under Intoxication – Operating While Intoxicated (OWI) is illegal. In other words, driving under the influence of alcohol and other drugs is a crime, and carry very expensive fines as well as the possibility of jail time. In other states this may be referred to as DUI (Driving Under the Influence) or DWI (Driving While Intoxicated).
  • In the Dorms – UI policy prohibits possession or consumption of alcohol in the residence halls, even by students who are 21 and older. Be very careful about roommates, or visitors to your room, who refuse to observe this policy and who bring alcohol to your dorm room – if it is discovered, YOU may get in trouble even if the alcohol was not yours.

Smoking

Iowa law prohibits smoking in almost all public places and enclosed areas within places of employment, as well as some outdoor areas.

On-campus – The University of Iowa is a smoke-free campus. Smoking is prohibited in all UI owned buildings, vehicles, recreation facilities, and parking lots.

Witness Tampering

“A person who offers any bribe to any person who the offeror believes has been or may be summoned as a witness or juror in any judicial or arbitration proceeding, or any legislative hearing, or who makes any threats toward such person or who forcibly or fraudulently detains or restrains such person, with the intent to improperly influence such witness or juror with respect to the witness' or juror's testimony or decision in such case, or to prevent such person from testifying or serving in such case, or who, in retaliation for anything lawfully done by any witness or juror in any case, harasses such witness or juror, commits an aggravated misdemeanor.”

If you or a friend is involved in a legal issue, or know someone who is, it is extremely important that you never contact others involved to try to get them to change their information, drop charges, or lie to law enforcement.

University Policies (Students only)

The University of Iowa Code of Student Life includes information on a variety of policies students must follow and be aware of, including academic misconduct, discrimination, University of Iowa policies on alcohol and drugs, legal assistance for students, etc.

1. Ask Yourself: Am I eligible to graduate?

  • If Yes, STOP, you must graduate this semester.
  • If No, continue on to question 2.

2. Ask Yourself: Have I completed all the courses required to earn a particular degree from the University of Iowa?

This section indicates how you know if you must graduate; a student who falls in any of these situations will not be eligible to extend the I-20/DS-2019 and MUST graduate during that semester:

For most bachelor’s degree candidates, the completion date is determined by the date when you complete all the courses required for your degree program and are eligible to graduate.

For most master’s degree candidates in non-thesis programs, the completion date is determined by the date when you complete all courses required for your degree program and are eligible to graduate.

For a few master’s degree candidates in non-thesis programs, the completion date is determined by the date when you successfully pass your comprehensive exam assuming that the exam is taken at the earliest possible date following completion of all coursework. This does not include exams required for certification or licensing as these are not required for you to earn your degree.

For master’s degree candidates in thesis programs, the completion date is determined by the date when your thesis has been approved by the Graduate College and by your thesis committee.

For doctoral degree candidates, your completion date is determined by the date when you successfully pass your final oral defense of your written thesis.

3. Ask Yourself: Do I want to postpone my graduation due to a poor job market, family concerns or for other reasons unrelated to my current academic degree program?

These are not reasons the USCIS will accept for delaying graduation, and you could be viewed as violating the regulations. Also, if you postpone your graduation for administrative reasons such as missing the deadline to apply for graduation, this does not postpone your completion of study for immigration reasons. Once you have completed all the requirements for your current course of study or degree program, you cannot remain in the U.S. unless you choose one of the options listed in section #8 of this handout.

4. Ask Yourself: Do I want to postpone my graduation to take just one more class that is really important for my area of study but that is not required to get my degree?

Courses that are not required by your degree program do not allow you to postpone your graduation. Taking classes not required by your degree program which then delay graduation could be perceived by U.S. Citizenship and Immigration Services as a violation of your F-1 or J-1 status.

5. Ask Yourself: Do I still have a valid I-20 or DS-2019?

A common misconception is that a student can remain in the U.S. as long as their I-20 or DS-2019 has not yet expired. This is not true. You cannot maintain your status as an F-1 or J-1 student by simply having an unexpired I-20 or DS-2019. The completion or end date listed on your I-20 (section #5) or DS-2019 (section #3) is simply an estimate of the time it takes an average student to complete the same degree or academic program.;

U.S. Citizenship and Immigration Services regulations clearly state that you may only maintain status by pursuing a full course of study and by making normal progress toward completing this specific course of study. The University of Iowa defines normal progress as being able to complete a bachelor’s degree in 48 months, a master’s degree in 24 months, and a doctoral degree in 60 months.

6. Ask the ISSS: How would U.S. Citizenship and Immigration Services ever know if. . .?

U.S. Citizenship and Immigration Services might never know that you postponed your graduation even though you had completed your degree program. However, we can tell you that U.S. Citizenship and Immigration Services generally performs a very thorough historical review for applicants applying for a change of status to H-1B or an adjustment of status to U.S. permanent resident. They will ask for copies of all the I-20 or DS-2019 forms which were ever issued to you as well as transcripts. They will scrutinize the timing of various events.

Ultimately, it is up to you to decide if the risk of any action you take is worth the potential future consequences. U.S. Citizenship and Immigration Services holds you responsible for maintaining your F-1 or J-1 status . . . not International Student and Scholar Services nor your academic advisor. Be aware that if ISSS believes you are attempting to postpone graduation, we will deny extensions of the I-20 or DS-2019.

7. Ask U.S. Citizenship and Immigration Services: What do the actual written regulations say about all this?

“. . . .If the student is not required to take any additional courses to satisfy the requirements for completion, but continues to be enrolled for administrative purposes, the student is considered to have completed the course of study and must take action to maintain status. Such action may include application for change of status or departure from the U.S.” 8 CFR § 214.2(f)(6)(iii)(C)

“. . .an F-1 student is admitted for duration of status. Duration of status is defined as the time during which an F-1 student is pursuing a full course of studies at an education school approved by the Service for attendance by foreign students. . . . An F-1 student who has completed a course of study will be allowed an additional 60-day period to prepare for departure from the United States or prepare for transfer to a higher level at the same or another educational institution. . . .The student is considered to be maintaining status if they are making normal progress toward completing a course of study.” 8 CFR § 214.2(f)(5)(i)

8. Ask ISSS: What action would you recommend for someone nearing completion of their degree program?

Plan ahead! Know your upcoming deadlines! Identify your options! F-1 students have a grace period of 60 days following completion of a degree program; J-1 students have a grace period of 30 days following completion of a degree program. For students who accelerated their studies and know they will be graduating early, let ISSS know so that we can create a new I-20 or DS-2019 for you that accurately reflects your program end date. =

F-1 Students

In general, if you are maintaining your current non-immigrant status, you have the following options available during your grace period once you complete your course of study:

  • Begin a new course of study at The University of Iowa during the next available semester.
  • Transfer to a new school or new program sponsor within the U.S. for the next available semester.
  • Apply for F-1 Optional Practical Training in order to gain practical work experience directly related to the degree or academic program you just completed.
  • Apply to change your nonimmigrant status.
  • Depart from the U.S. within 60 days

What is a program extension?

A program extension is the process of obtaining a new I-20 for F-1 students to extend a student's authorized period of stay in the United States. A program extension is appropriate when a student is unable to complete the original study objective before the expiration date on the current I-20. F-1 students, to review your program expiration date, please refer to section 5 of your I-20.

Who is eligible for a program extension?

You are eligible for program extension if you:
(1) have been enrolled full time throughout your period of studies (or have an approved Reduced Course Load request on file for each applicable semester),
(2) have otherwise maintained your immigration status,
(3) the additional time is needed for academic or medical reasons. Academic reason means that the extension is required for completing the degree requirements only. Extensions should not be requested for the purpose of permitting a student to complete final classes for a minor when all other requirements for the degree and major(s) are met.

Who is not eligible for program extension?

You are not eligible for an extension if:

  • You have been dismissed from the university. If you have been dismissed, you may want to discuss your options with an ISSS adviser. Or,
  • You have ever been enrolled less than full-time and do not have an approved Reduced Course Load request on file with the ISSS. Or,
  • You have completed all terms of your program of study and simply wish to delay graduation (see section on this). Or,
  • You are out of status with the U.S. Citizenship and Immigration Services (USCIS) in any way.

When should I seek a program extension?

The regulations require F students to obtain an extension before the expiration date on their current I-20. The best time period to apply for an extension is generally 1-3 months prior to the expiration of your document. Students who fail to obtain the extension before the I-20 expires are considered "out of status" and must seek reinstatement. Reinstatement can require a long processing period, during which time a student cannot legally be employed, even on campus. Reinstatement may be difficult to obtain, even for simple reasons like “forgetting” that your I-20 expired.

What are the consequences of failure to obtain a program extension?

If you forget the deadline and apply late, you will be “out of status”. If you are employed and overlook the date, you WILL be working “illegally” and may begin accruing “unlawful presence.” Such mistakes will jeopardize prospects for obtaining employment authorization, extensions of stay, and obtaining permanent resident status. They could even lead to being banned from entering the United States.

What is the procedure for obtaining a program extension?

Ideally, you should begin this process at least one month before your I-20 expires (and preferably earlier than that)

  1. Login to your iHawk account (click the blue login button) using your HawkID and password. Go to "F-1 Student Services" and complete the e-form "Program Extension Request."
    • The e-form will require you to submit updated financial documentation. Possible documentation could be a bank statement (issued within the last 6 months) or offer letter for a graduate assistantship (indicating stipend and exact amount of tuition scholarship if applicable). ISSS cannot process your extension without updated financial documentation.
  2. Once you complete the e-form, your academic advisor will need to review it. Your advisor will receive an email message from ISSS which will provide a link to review your request. Your advisor will be asked to comment on your request.
    • If you are advised by the Academic Advising Center, you must make an appointment to meet with your advisor before they will approve the e-form request.
    • If you are advised in an academic department, your departmental advisor may also prefer that you schedule an appointment to meet with them; it is a good idea to inform your academic advisor that an email has been sent from the ISSS that will need to be reviewed
  3. After your academic advisor comments on your e-form request, an ISSS advisor will review your request. If there are no questions regarding your request, an ISSS advisor will approve the e-form and issue a new I-20 with a later Program End Date.

What is a change of degree level?

A degree level refers to whether you are pursuing a “Bachelor,” “Master,” or “Doctorate” degree or are a “non-degree” student. Your I-20 (F-1 students) or DS-2019 (J-1 students) will show what your current degree level is.

If this information changes, you are required to report the change to our office so that we may notify SEVIS and print an updated I-20/DS-2019 that accurately reflects your degree level Generally, a change of level occurs between degrees from a Bachelor to Master or Doctorate degree.

However, sometimes changes occur mid-program so a change of degree level also includes reductions of academic level, such as Doctorate to Master, as well as same-level degree changes, such as Master of Science to Master of Fine Arts. If this last situation applies to your specific case, and you are in F-1 status, you are advised to consult with an ISSS advisor as this may be considered a change of degree level or as a change of major depending on the situation.

If you are in J-1 status, you are not permitted to move "down" degree levels. For example, a J-1 student can move from Bachelor's to Master's level, but cannot move from Master's to Bachelor's. J-1 students also cannot change from non-degree to any degree level. This is federal government policy and not flexible, and will require you to leave the U.S., obtain a new DS-2019, and a new visa before returning to resume studies.

What if it is just a change of major but not degree level?

ISSS receives alerts when your major area of study changes, so that we can take steps to update your I-20/DS-2019. You do not not need to take any action for these changes, and should be emailed by ISSS to pick up your updated document within two weeks of the change of major. If you have not heard from ISSS within two weeks please contact us.

Note that at the Bachelor's level, simply changing colleges, such as from the College of Liberal Arts and Sciences to the College of Business, is handled as a change of major, not a change of degree level.

When should I seek a change of degree level?

You are responsible for maintaining an accurate, updated I-20/DS-2019.

For changes of level effective in the current semester or session:

  • Please notify ISSS as soon as possible, ideally on the change effective date. This situation primarily applies to students who may be changing their degree level in the middle of their current degree program or for students who may be adding a second degree prior to completing their first degree program.

For changes of level that will be effective in a future semester or session:

  • This situation primarily applies to students who are completing one degree level and starting a new degree program. Please notify ISSS of any change in degree level upon completion of your current degree program. Please note that you must apply for and be approved for a change of degree level no later than the end of the post-completion 60 day grace period or within 15 days after the start date of the new degree program, whichever comes first. Remember that in order to work on campus during the gap between programs, you must have obtained your new I-20. If you intend to travel outside of the U.S. during your grace period between the end of your current degree program and the start of your new degree program, please be aware that the change of level request must be approved prior to your departure or you will need to re-enter on an initial I-20.

For students who are currently on Optional Practical Training or who intend to pursue OPT prior to the starting a new degree program:

  • Please be aware that starting a new degree program will cancel your OPT. Students who are in this situation are advised to consult with an ISSS advisor to discuss the best timing to apply for the degree level change.

What is the procedure for obtaining a change of level?

  1. Login to your iHawk account (click the blue login button) using your HawkID and password. Go to "F-1 Student Services" or "J-1 Student Services" and complete the e-form "Change of Degree Level Request."
    • The e-form will require updated financial documentation with you. Possible documentation could be a bank statement (issued within the last 6 months) or offer letter for a graduate assistantship (indicating stipend and exact amount of tuition scholarship if applicable). We cannot process your change of degree level without updated financial documentation.
  2. Once you complete the e-form, your academic advisor will need to review it. Your advisor will receive an email message from ISSS which will provide a link to review your request. Your advisor will be asked to comment on your request.
    • If you are advised by the Academic Advising Center, you must make an appointment to meet with your advisor before they will approve the e-form request.
    • If you are advised in an academic department, your departmental advisor may also prefer that you schedule an appointment to meet with them; it is a good idea to inform your academic advisor that an email has been sent from ISSS that will need to be reviewed and approved.
  3. After your academic advisor comments on your e-form request, an ISSS advisor will review your request. If there are no questions regarding your request, an ISSS advisor will approve the e-form and issue a new I-20/DS-2019 with the new degree level.

Note: Student must also be registered for coursework during the semester/session the change becomes effective, even if the change occurs in the summer.

Does a change of degree level affect travel?

A change of degree level should not affect your ability to travel outside of the United States. However, ISSS occasionally hears reports of difficulties from students whose change of degree level start date is effective in the future. Some Port of Entry officials may try to restrict you from entering the U.S. no more than thirty days before the start date on your new I-20. This is a rule written for new students who have “Initial Attendance” I-20/DS-2019, but it is NOT meant to apply to continuing students who have maintained status and who have an updated I-20/DS-2019 because of a change of degree level. In such cases it may help to carry both the old and new document to show together at the Port of Entry.

As of March 2019, the process and timeframe for a change of status becomes more complex, lengthy, and costly. For those who wish to change to F-1 or J-1 student status to begin studies, or to J-1 scholar status to engage in research/teaching/observation as a visiting scholar, the change of status process may no longer be ideal or even possible, depending upon a number of factors. Consulting with an ISSS advisor early is crucial.

Reminder About STATUS vs. VISA

There is often confusion between the terms STATUS and VISA. A VISA is only a stamp in a passport that says you are allowed to enter the U.S. Visas can only be obtained by visiting a U.S. consulate abroad, it is not possible to get a visa from within the U.S. Visas are only for “getting in” and have no bearing on an individual’s right to be here legally.

STATUS refers to the legal classification allowing you to currently be in the U.S., and STATUS can often be changed within the U.S. Thus you can send in your application material by mail and have your STATUS changed, but you will not receive a new VISA and will not need one unless you leave the U.S. Only then will you need to make arrangements to go to the nearest U.S. consulate to apply for a VISA to allow you to get back into the U.S.

It is possible to take care of changing both STATUS and VISA by traveling outside the U.S. and applying for a visa. Then once you enter the U.S. using the new visa, you are automatically considered to be in that new STATUS.

Keep in mind that there may be circumstances that would make one of these option undesirable for certain individuals. Please be sure to consult an ISSS advisor if you have concerns, particularly if you are changing your status by leaving the U.S.

Changing Status by Travel vs. Inside the US

There are two ways to change nonimmigrant status:

  1. Travel outside the U.S. and re-enter in the new status, or
  2. Stay in the U.S. and request a change of status by application to the US Citizenship and Immigration Services (USCIS).

COMPARE THE DIFFERENT PROCESSES

 

CHANGE BY TRAVEL

CHANGE BY MAIL

Processing
Time

Traveling requires visiting a U.S. consulate outside the U.S. to obtain the new visa stamp, typically in the country in which you are a citizen. The amount of time needed to change status by travel varies, but generally is faster than changing status in the U.S. However, visa applications may be subject to security checks which can significantly delay the approval process.

The earliest you can enter the US is 30 days before your DS-2019 or I-20 start date.

Please consult with ISSS if taking this step.

The amount of time needed for processing a change of status can take 5, 6, 7 months or even longer. ISSS strongly recommends you plan to obtain a new visa via travel as described in the first column.

  • If you are F-2 changing to F-1 or J-1 - If your F-1/J-1 is not approved by the first day of the semester, you must have ISSS change your start date to the next available session, which may also require action by the Office of Admissions. You may also choose to enroll in courses as long as you do not enroll full-time.
  • If you are B-1/B-2 changing to F-1 or J-1 - If your F-1/J-1 is not approved by the first day of the semester, you must withdraw your entire registration as you are not permitted to study in B status. You may also need to make plans to depart the U.S. if your B visitor status is no longer valid.
  • If you are any other status changing to F-1 or J-1 - You may be able to remain registered, depending on individual circumstances. You will need to have ISSS change your program start date, and you may need to find an immigration attorney to help you file a "bridge application" to continue your current status while you wait for the F-1/J-1 approval.
  • Students in any of the above situations must consult with ISSS in a timely way or risk losing your legal status!

This process does not give you a new visa stamp. The next time you travel outside the U.S. you will need to visit a U.S. consulate or embassy to request a new visa stamp that reflects your changed status.

Other Concerns

Note: It is not recommended that you apply for your new visa in a “third country,” e.g. Canada or Mexico, unless you are a citizen or legal resident of these countries. If denied a visa, you must return to your home country to apply for a visa there. You may not be able to return to the U.S. in your previous status.

Individuals subject to the J-1 Two Year Home Country Physical Presence Requirement 212(e) are not eligible for change of status within the US unless they have obtained a waiver of the requirement.

Individuals in B-1/B-2 status may find it extremely difficult to change status within the U.S. Individuals who entered using the Visa Waiver Program (WB/WT) are not eligible to change status within the U.S.

You should not travel outside of the U.S. while a change of status application is pending; it is construed as abandoning the petition.

Gap Between End of Prior Status and Start of F-1/J-1 - USCIS requires you to maintain your existing status (such as B-1, B-2, H-1B, H-4, etc.) while you are waiting for the F-1 to be approved, so that your current status does not end more than 30 days before the Program Start Date. If your prior status does end, this will cause status problems for you if your F-1/J-1 is not approved by the first day of classes in many cases.

  • You should be prepared to file a "bridge application" to extend your current status should there be any delays in approving your F-1/J-1 status - if you fail to maintain your current status you risk a denial of the F-1/J-1 application. If the F-1/J-1 application is denied, and your existing status ended, you have no grace period and may have to leave the U.S. immediately.
  • ISSS is unable to advise and assist with bridge applications, and you should consult a reputable immigration attorney who has experience with this issue.
  • You may find more details about bridge applications here.
 

Important considerations

When do I need to apply to the USCIS to change status?

  • You are eligible to change status as long as your current status is valid at the time of application, and will remain valid until you can obtain the new status. If possible, ISSS recommends submitting your application at least five months before the start of the semester of study.
  • ISSS has seen cases where the petition to change status was denied because the previous status was terminated before the approval of the new status, even when the application was filed in a timely manner. If your current status will end before your F-1 or J-1 is approved, you should make plans to apply for a "bridge extension" of your current status. See the information and link above.
  • If you believe you are already out of status, please see an ISSS advisor before submitting your application to USCIS.

How do I get my I-20 or DS-2019 if I am a current student who wants to change to F-1 or J-1 status?

  • Log in to the iHawk system, go to "Other Services," and you will find the e-form "Change of Status to F-1 or J-1 Request." Follow the procedures there.

What is the biometrics fee?

  • In March 2019 USCIS will begin to charge a biometrics fee, along with the application fee, for each individual included in the change of status application. Once the application is received, USCIS will contact the applicant with instructions on arranging an appointment with a USCIS Application Support Center, where the primary applicant and any additional dependent applications must go to have fingerprinting and other biometric data taken. For those residing in Iowa City, Des Moines is the closest Application Support Center. This process may add considerable time to the change of status process.

How Do I Apply for a Change of Status inside the us?

What documentation do I need to show to ISSS and submit to the USCIS in order to change status?

Everyone must submit:

  • Filing fee: A filing fee is required for the primary change of status applicant as well as each co-applicant is more than one person is listed on the form. Beginning in March 2019 there will also be a required biometric services fee. Please see this page and click on the section for fees. Consult with ISSS if you are not clear on exactly how much you should submit. (You may use one check to pay for all application and biometrics fees, including those for any dependents listed on the I-539A. Write a personal check payable to “Department of Homeland Security”)
  • Form I-539 - read the instructions found on that page
  • Form I-539A - only if you are including others in the change of status application, such as an H-4 spouse changing to F-2 status. This will also require additional application and biometrics fees, as noted above.
  • Photocopies of all documents (ex. I-20s, DS-2019s, H-1B Approval Notice, etc.) you hold in your current status
  • A photocopy of your current visa
  • A photocopy of your Form I-94
  • A photocopy of your passport personal data page(s) (i.e., the page(s) with your name, photograph, and the expiration date of your passport)
  • Evidence of financial support (i.e., bank statement, assistantship offer letter, etc.)
  • Waiver letter – if you were ever J-1/J-2 and subject to 212(e) and applied for and received a waiver

If applying to change status to F-1 student or J-1 student/scholar, please ALSO submit:

  • A photocopy of your new I-20 or DS-2019, signed by you on page 1
  • SEVIS Fee I-797 Receipt showing payment of SEVIS fee
  • If currently a dependent of a spouse/parent, photocopies of your spouse/parent’s documents: I-94, passport pages (photograph and the expiration date of passport), visa, proof of status (such as the I-20, DS-2019, H-1B Approval Notice) and proof of status maintenance (such as F-1 principal's transcript if F-1 is active in their degree program, or OPT I-20 and employment offer letter if F-1 is active on OPT)

If applying to become an F-2 or J-2 dependent of a spouse or parent who is already in F-1 or J-1 status, please ALSO submit:

  • A photocopy of your new dependent I-20 or DS-2019, signed by your spouse or parent on page 1
  • Photocopies of your spouse/parent’s documents: I-94, passport pages (photograph and the expiration date of passport), visa, proof of status (such as the I-20, DS-2019, H-1B Approval Notice)
  • A copy of your marriage certificate, along with a certified English translation if it is in another language (This is NOT necessary if your spouse’s name is on your visa.)
  • Certificate of Enrollment from the UI Service Center, 2700 UCC (or the registrar at the university your spouse is attending) if your F-1/J1 spouse or parent is a student to verify that your spouse/parent has been enrolled full-time, and a copy of the most recent transcript. If you were previously a student, please also obtain a certificate of enrollment and transcript verifying your student status as well.
  • Letter from DepartmentIf your J-1 spouse/parent is a visiting scholar, have the department write a letter saying he/she is employed there in good standing

Where do I send my application?

USCIS Dallas Lockbox

For U.S. Postal Service (USPS):
USCIS
P.O. Box 660166
Dallas, TX 75266


For FedEx, UPS, and DHL deliveries:

USCIS
ATTN: I-539
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

What happens when USCIS receives my application?

If your application is complete, you will receive a Form I-797 Receipt Notice within two to four weeks. Your Notice of Action is very important, both because it proves that you filed your application and because it provides the “TSC number” which you must use if you need to track your application’s progress. If you do not receive a Notice of Action within five weeks, please notify ISSS immediately.

If your application is incomplete, USCIS will send it back with a “Request for Evidence.” You will need to furnish whatever information or documentation is missing within the deadline provided.

What happens when USCIS approves my application?

USCIS will return your immigration documentation with a notation indicating approval of your change of status application. You will also receive a second Notice of Action/Approval Notice, with your new I-94 printed in the lower right-hand corner. You will want to cut out and staple your new I-94 into your passport, after making a copy of your entire Notice of Action/Approval Notice and immigration documentation to keep separately in a safe place.

What if I apply to change status in the U.S. but change my mind and decide to depart the country?

Please work with ISSS to see if it is possible to withdraw your application before you leave, otherwise it will be considered abandoned as soon as you depart the U.S.

Can I enroll in classes while changing status? Can I work on campus?

If my status is changing from….

Can I enroll in classes?

Can I work on campus?

     

F-2

Yes, but never on a full-time basis

No

J-1 scholar

No; casual or "incidental" course enrollment may be possible; please consult with ISSS

Only for your J-1 sponsor as stated on the DS-2019

J-1 student

Yes

Only with authorization from J1-sponsor

J-2

Yes

Only with work authorization

H-1B

Yes if still fulfilling requirements of H-1B employment at the time the F-1 application is submitted, and ending employment within 30 days of the requested F-1 start date once approved

No, only after the F-1 is approved; you can continue to work for your H-1B employer while waiting for the F-1 approval as long as you maintain the terms of H-1B status

H-4

Yes

No

B-1/B-2

No

No

WB/WT (Visa Waiver Program)

No

No

Out of Status/Status Pending/Other

Please consult with ISSS

Please consult with ISSS

For other categories, please view the chart here.