One posting.........DMD _______________________________________________________________ Subject: More for the list From: Matthew Ando Date: Thu, 19 May 2005 15:53:21 -0500 ========================== Dear colleagues, Thanks for the information many of you provided concerning reimbursement of students on F1 visas. I recently received this e-mail, sent to our department business administrator from someone quite high up in the payroll office at the Univ of Illinois. USCIS seems to mean US Customs and Immigration Service. If the description of the situation in the e-mail is correct, and if the e-mails I received from you accurately reflect current practice, then many of us are in for a fairly substantial change in practice. Matthew Matthew Ando Dept. of Mathematics 1409 W. Green St. University of Illinois at Urbana-Champaign Urbana IL 61801 Tel 217-244-2846 Fax 217-333-9576 USA >> The University Policy does not allow reimbursements to F1 students not >> sponsored by the University of Illinois. This is because the USCIS >> regulations indicate which payments are allowed for each visa type. >> The USCIS regulations do not include reimbursements or any >> remuneration to an F1 other than by their sponsoring institution. The >> policy was reviewed by outside consultants (Ernst and Young) when it >> was written and has recently been reviewed by University Legal >> Counsel. Both of these reviews have indicated that our policy is >> correct and that the University should not make payments to >> individuals not sponsored by the University in the United States on an >> F1 visa. >> The issue at the heart of the matter in making these payments would be >> that we (the University) would be knowingly placing the individual out >> of status with the USCIS. If the individual is not allowed to receive >> payments and we make the payment we are putting them out of status. >> Out of status to the individual could have dire consequences. They >> can be denied a visa change including being denied the opportunity to >> become an immigrant rather than a non-immigrant, they can be denied >> re-entry into the United States if they leave for a visit home and >> could be deported if the USCIS knew they were out of status. My >> biggest concern in making these payment is the consequences to the >> individual which they may or may not be aware of. What is not clear >> in the regulations is what if any penalty the University might incur >> if we make these payments. >> Because of all the questions regarding what if any payments can be >> made to F1 students, he USCIS has indicated that they are in the >> process of updating the F1 regulations to change the language to >> explicitly state that these payments CANNOT be made. This change will >> probably not be published until late this calendar year, but it is >> important to note that they are making this change to clarify the >> language not change the regulation.