SEVIS Immigration Regulations & Compliance 2 — Questions and Answers
Question 1: A DSO receives notification that an F-1 student has been out of status for 6 months due to an unauthorized drop below full-time enrollment. What is the FIRST step the DSO should take?
- Immediately terminate the SEVIS record
- Advise the student to file for reinstatement with USCIS (Correct answer)
- Report the violation to ICE directly
- Do nothing until the student contacts them
Correct answer: Advise the student to file for reinstatement with USCIS
When an F-1 student falls out of status, the DSO should advise the student to file a reinstatement application with USCIS if within the 5-month window and circumstances permit.
Question 2: Under federal regulations, what is the maximum number of months an F-1 student may remain in the United States after completing their program without authorized post-completion OPT or other status?
- 30 days
- 60 days (Correct answer)
- 90 days
- 120 days
Correct answer: 60 days
F-1 students have a 60-day grace period after their program end date or OPT end date to prepare to depart or transfer.
Question 3: Which regulation governs the requirements for F and M nonimmigrant students in the United States?
- 8 CFR Part 214.2(f) and (m) (Correct answer)
- 8 CFR Part 274a
- 22 CFR Part 62
- 8 CFR Part 103
Correct answer: 8 CFR Part 214.2(f) and (m)
8 CFR 214.2(f) covers F-1 nonimmigrant students and 214.2(m) covers M-1 nonimmigrant students.
Question 4: An F-1 student on post-completion OPT loses their job. How long may they remain unemployed before violating their OPT terms?
- 30 days total
- 60 days total
- 90 days total (Correct answer)
- Unemployment is never permitted during OPT
Correct answer: 90 days total
F-1 students on post-completion OPT may accumulate up to 90 days of unemployment without violating their OPT authorization.
Question 5: What happens to an F-1 student's SEVIS record if they fail to enroll within 30 days of the program start date listed on their I-20?
- The record is automatically extended by 60 days
- SEVIS terminates the record for failure to enroll (Correct answer)
- The student must file an extension request
- The DSO must request a new I-20 issuance
Correct answer: SEVIS terminates the record for failure to enroll
If a student fails to enroll by 30 days after the program start date, SEVIS will automatically terminate the SEVIS record for failure to maintain status.
Question 6: A J-1 exchange visitor subject to the two-year home country physical presence requirement wishes to change status to H-1B. What must occur first?
- File a waiver of the two-year requirement (Correct answer)
- Complete two years in their home country
- Obtain a no-objection statement only
- Simply file the H-1B petition directly
Correct answer: File a waiver of the two-year requirement
A J-1 subject to the two-year requirement must obtain a waiver under INA 212(e) before changing to most other nonimmigrant or immigrant statuses.
Question 7: Under SEVIS regulations, within how many days must a DSO report a student's change of address?
- 10 days (Correct answer)
- 21 days
- 30 days
- The student self-reports; DSOs have no obligation
Correct answer: 10 days
Students must report address changes to their DSO within 10 days, and the DSO must update SEVIS accordingly.
SEVIS Immigration Regulations & Compliance 2
A DSO receives notification that an F-1 student has been out of status for 6 months due to an unauthorized drop below full-time enrollment.
What is the FIRST step the DSO should take?