Answered By: Student Worker
Last Updated: Jun 15, 2016     Views: 30

Know the your immigration status. Students in the U.S. may have a variety of statuses. Some may be here for another reason besides studying, but are allowed to attend classes in their current status. In these cases, study does not maintain their immigration status and is considered "incidental to status" (e.g., H-1B, H-4, J-2, E's, etc.). Unlimited study (part or full time) or not studying at all would be acceptable for these students.

Some types of immigration statuses do not allow studying, so in order to begin studying the future student would have to leave and reenter in a student status or change their status within the United States. Examples of statuses that do not allow study are B tourists and business visitors, and F-2 dependents of F-1 students. Students in categories that do not allow study who would be considered in violation of their immigration status if they begin study before their status is changed.

Many dependent statuses (given to individuals who are accompanying the principal nonimmigrant) are limited by age— most dependent children "age out" at 21 (e.g. J-2, H-4, etc.), and can no longer enjoy derivative status based on their parents' status. So this may affect college-aged students; they will be in one status through age 20, and then need to change to another status that might have different requirements, before they turn 21.
The following is a chart that lists visa types and if those in that status are eligible to study. Remember to refer students to your international student services office if they have any questions!

SEVP Handout: Nonimmigrants: Who Can Study? (500kb, PDF)
Know your institutional policies. Does your institution restrict study for those in certain statuses? You must know your own institutional policies before you can advise some students.