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Monday, February 27, 2006

Maintaining F-1 OR J-1 Student Status

F-1 and J-1 students must follow certain requirements in order to maintain legal status in the United States. They are outlined generally on this page.

1. Maintain full-time registration three of every four quarters.

M.Div. and Ph.D. students must register full-time in scholastic or advanced residence. Pro Forma registration is also considered full-time; Extended Residence is NOT.

College and Master's level students must register for at least three courses or 300 "units of credit."

Exceptions to this requirement are limited, and must be approved by OIA in advance and in writing.

2. Make continual progress in your program of study.

3. Maintain valid documents.

Form I-20 or DS-2019: This document must be valid at all times. If you will not finish your program of study by the date indicated in Item 5 of your I-20 or Item 3 of your DS-2019, contact OIA about an extension prior to this expiration date.

I-94 Departure Record card: Form I-94 for F-1 and J-1 students normally indicates permission to stay for "D/S" (duration of status). This means a student may stay in the U.S. for the length of time indicated on the I-20 or DS-2019 plus a grace period of 60 days for F-1 students and 30 for J-1 students.

Passport or Travel Document: You should keep your passport or travel document valid at all times. Please note that Canadian citizens do not need a passport to enter the U.S. from the Western Hemisphere.

Entry Visa: An entry visa is stamped in your passport (do not confuse it with your I-94 Departure Record card) by a U.S. consulate for the purpose of entry into this country. Your visa does not determine how long you may stay and, if it expires, must be renewed only if you leave the U.S. and want to reenter the country in the same status. Please note that Canadian citizens do not need U.S. entry visas.

4. Accept only authorized employment.

On-Campus Employment: F-1 students may work on campus part-time during classes and full-time during vacation periods without special authorization. J- 1 students must obtain the written permission of the J-1 sponsor (the organization that issued the DS-2019) for on-campus employment.

Off-campus Employment: Any employment outside of the University must be authorized in advance. For more information see F-1 Student Employment: General Information or J-1 Student Employment: General Information

5. Change your address with the USCIS within 10 days of moving.

The "U.S. Address" field and the "Permanent Foreign Address," are the two fields that will be reported to the government through your SEVIS record.

Quoted from the Office of International Student at the University of Chicago

What is Social Security?

What is the Purpose of a Social Security Number (SSN)? ••• The pension system of the United States developed an identification number that is unique and that a person keeps throughout life. Since other government and business entities found it useful to have such a number, they began adopting the number assigned by the Social Security Administration for their uses as well. Now, many years later, the Social Security Number, or SSN, has become a universal identification number used for many purposes around the country.

The SSN'sprimary purpose is as an identifier by which employees are tracked in the payroll systems of their employer to make proper tax and other deductions, and by the Internal Revenue Service (the tax authority of the United States). In order to pay an employee and to conduct the government reporting required of employers, the Payroll Office must supply an SSN for each employee. Since international students in F and J status are eligible for employment during their stay in the United States, they too require a Social Security Number if they are going to be employed.

What is the Purpose of an Individual Taxpayer Identification Number (ITIN)? •••
The Internal Revenue Service (IRS) created the ITIN for use by anyone ineligible to apply for an SSN and required to file a federal tax return.

You may use an ITIN to:

File your annual U.S. tax return, required if you are an F-1, J-1 or H-1B, or an F-2, J-2 or H-4 dependent, whether you have had U.S. income or not.
Accept a one-time payment such as an honorarium for delivering a lecture. The University cannot pay you an honorarium until you have the ITIN, which takes a month to get (see below). Depending on your schedule, that may force you to apply for an ITIN while you are here, leave the U.S., and receive your check later, in your home country. The University regrets this inconvenience but sees no way to avoid it.
Receive a stipend or any part of a tuition grant if you are a student or postdoctoral fellow.
If you already have an SSN, you may use it instead of an ITIN for these three purposes.
How to apply for an ITIN:

To apply in person, go to an office of the IRS, located in Chicago at 230 South Dearborn Street, 24th floor, open Monday through Friday from 8:00 to 4:30 or visit one of the acceptance agents authorized to accept such applications. For a list of acceptance agents, please visit http://www.irs.gov/individuals/article/0,,id=96856,00.html.
Take your passport (or other photo-bearing identification if you are Canadian), I-94 Departure Record card, and Form I-20 if you are an F-1, DS-2019 if you are a J-1, I-797 if you are an H-1B. If you are an F-2, J-2, or H-4 dependent, take the document issued to your F-1, J-1 or H-1B "principal."
To apply by mail, from either inside or outside the U.S., complete IRS Form W-7, "Application for IRS Individual Taxpayer Identification Number" available on the IRS website and mail it to the address in Philadelphia shown in the directions on the Form. If you are applying from within the United States, attach certified copies of the items listed immediately above in #2 . If you are applying from abroad, the immigration documents are presumably irrelevant, and you need to send a certified copy of your passport only (other photo-bearing identification is acceptable if you are Canadian).
IRS will accept certification of copies by (1) the agency that issued the original document, (2) a U.S. consular officer, (3) an attorney licensed to practice in the United States, or (4) a notary public authorized by state law to certify copies (Illinois law does not make that authorization).
IRS says that about a month after you apply, your ITIN will be mailed to you.
To assure that you will receive your stipend payments from the University, please see "Your SSN/ITIN and Payroll" below.

Applying for a Social Security Number Soon After your Initial Arrival in the U.S. ••• If you are in F-1 or J-1 status, it is important that you realize the following:

The data that confirm your status and the fact that you are eligible for a Social Security Number have to be accessed on-line by the agent of the Social Security Administration (SSA) at the time you apply. But the data will not travel from the Immigration Service to the SSA database, until two conditions apply:

You must have been in the U.S. for at least 10 days, because it may take that long for the data entered at the port of entry to be transmitted to the database from with the SSA draws its information; and
you must be "registered" or "validated" in SEVIS. What does that mean? New students must personally check in at OIA as soon as possible after their arrival in the U.S. When this check-in procedure is completed, data is entered into our (OIA's) database and from there sent on to SEVIS. It confirms that the student has arrived at the University in Chicago. This step is called "registration" for F-1 students and "validation" for J-1 students and scholars. Only approximately 3 days after your registration/validation has been entered into the system will you be able to apply for a Social Security Number.
Applying at your Local Social Security Office - Anytime During the Year ••• To ascertain the location (including map) and hours of your nearest Social Security Office, please go to: http://s3abaca.ssa.gov/pro/fol/fol-home.html.

In preparation for submitting your application for a Social Security Number (SSN), you should obtain and complete the application form beforehand. To print the form and instructions, go to http://www.ssa.gov/online/ss-5.pdf. For additional information on how to complete the form, go to completing the application form.

Please note: As of October 13, 2004, only those F-1 students are eligible for a Social Security Number who can prove that they either are employed or have secured employment. To have secured employment means that the employer has made a formal offer of employment and the student has accepted it. The letter from the employer must confirm the employment agreement and provide specific information. For more information about the required document, please read the instructions for the letter from the employer. This rule does NOT affect J-1 students.

Along with a completed application form, you must present the following documents in order to apply for the SSN:

Valid Passport
Visa
Valid I-94 card
Valid Form I-20 or DS-2019
Recent letter from OIA confirming your full-time enrollment.
F-1 students: Letter from your employer confirming that you are employed or have secured employment
If you do not present originals of all required documents, your application will not be accepted.
Anyone applying for a SSN will receive a "receipt," consisting of a form letter confirming that the individual has submitted an application. There are three different versions of this receipt, depending on circumstances:

If the applicant's information was verified on-line and no delay is incurred, he/she will receive a form letter stating that the SSN should arrive in 10-14 days. This usually means business days, i.e. the applicant should expect the card to arrive in approximately 2 weeks.
If the applicant's information could not be verified on-line, it must be submitted on paper (along with photocopies of the applicant's documents) to an office in Washington, D.C., which will cause a delay. In this case, the receipt will state that it may take 6-8 weeks to process the application.
If an application cannot be processed, the applicant will receive a form letter showing standard reasons why the application cannot be processed. It also contains a section identified as "Other." This section is completed by the SSA representative explaining the reason for not processing the application.
If scenario 1 or 2 applies to you, you should submit the receipt letter to the Payroll Office. Payments from the University to you can usually be initiated on the basis of this letter, even if your SSN has not yet arrived. The administrator with whom you typically work in your department will be able to assist you as well.

If scenario 3 applies to you, or the expected time period for your SSN to arrive has passed, and you would like OIA to assist you in regard to your Social Security application, please contact OIA and fax a copy of your receipt to (773) 702-3058. If your application has been accepted but is delayed, please send us the information listed below via e-mail or by use of the Inquiry Form on our web site. By making this request, you give OIA permission to share this information with the Social Security Administration.

The reference number from your receipt letter
Your last name (as it appears in your passport)
Your first name (as it appears in your passport)
Your date of birth
Your admission number (this is the 11-digit number on your I-94 card)
Your father's full name
Your mother's full name
An e-mail address where the Social Security Office can contact you
A telephone number where the Social Security Office can reach you
On the basis of this information, we can make an inquiry into the status of your application. However, any response containing any confidential information will not come to us but to you, so it is important that you can be reached by telephone or e-mail. Once the situation has been resolved, please send us an e-mail update so we can close the matter in our files.

Possible Causes for Delays ••• There are a number of reasons why a student might encounter a delay in obtaining a Social Security Number. Many U.S. government agencies now share data, but this is done through a complex system that is still very new. Errors may occur. A common problem to occur is that a student's data cannot be verified on-line by the Social Security Office staff. This could have several reasons:

The data was entered but has not yet been transmitted to the system which the Social Security Administration uses for verification. In this case, further attempts will be made by the Social Security Office to verify the data.
The data found on-line does not exactly match the data in the documents presented by the student. If this occurs, it is important that you ask the representative of the Social Security Administration which item is incorrect. OIA will be able to assist you in getting the error corrected. However, this may take several weeks and will result in a significant delay of your Social Security application.
Your SSN and Payroll ••• As soon as you have received your receipt (the confirmation letter that you have applied for an SSN), you must supply this letter to your dean of students office or your department, if you will receive payments from the University. This will serve as tentative proof that your application is being processed.

For the University to start issuing your payments, you must complete the correct forms available from your Dean of Student’s office.
If you will be employed and paid wages, you will have to complete Comptroller Form UPP-192 (rev. 10/01), IRS Form W-4, and Illinois Form IL-W-4. When you apply for a Social Security Number, request a receipt and submit a copy of the receipt with the UPP-192 form. (As soon as you receive your SSN, you must send the Payroll Office a copy of your card.)
If you will be receiving a stipend check, you will have to complete Comptroller Form UPP 192 (rev. 10/01) and Form W-8BEN-S. When you apply for a Social Security Number, assuming that you are not and will not be employed, you will be refused. You will be given a rejection letter stating this (ask for the letter, if it is not given to you). You will require this letter to then apply for an Individual Taxpayer Identification Number (ITIN). You must submit a copy of the rejection letter from the Social Security Office and a copy of your ITIN application with the Form UPP 192. At that point, payments to you can be made by the University, with 14% of your stipend being withheld for taxes. If you are from a tax treaty-eligible country, the Payroll Office can refund the withheld 14% to you as soon as you submit your ITIN and a new Form W-8BEN-S.
Please note: Until the Payroll Office has your SSN or ITIN, it cannot honor exemptions based on tax treaties. For more information about tax treaties and withholding rates, please consult U.S. Tax Guide for Aliens. In particularly difficult cases, please contact the Payroll Office.
You do not need a SSN to obtain the following services:

Bank Accounts: Some banks will not allow a new customer to open an account without an SSN. One exception is Citibank, located on campus at 5812 South Ellis Avenue, Rooms J135 and J137. At most banks, including Citibank, an SSN is required to obtain a credit or debit card, and there is also a six-month waiting period while the new account holder builds a credit history.
Telephones: To have a phone installed in your Chicago residence, call SBC, the local phone company. SBC will ask you for your SSN, but will accept a substitute, perhaps a fax of your passport and your University ID card. All phone companies require a new customer to provide either an SSN and a six-month credit history in the U.S. or a significant deposit.
An Illinois driver's license. The rules for driver's licenses have changed and are rather complex. Please visit Illinois Driver's Licenses for more information.
If you Encounter Problems ••• Various issues could arise in connection with your application for an SSN. Most of them will probably come to your attention before or during your appointment to apply.

Frequently Asked Questions ••• Please read this section (and all other information on this page) first, before contacting us. Thank you!

Q How do I know where my nearest Social Security Office is?
A You can search for offices near you at http://s3abaca.ssa.gov/pro/fol/fol-home.html.

Q Is there a minimum number of days/weeks/months I must be in the U.S. to be eligible for a Social Security Number?
A Yes. Exchange visitors and foreign students in F-1 status must be in the U.S. for at least 10 calendar days to be eligible for a SSN. If you are a student, your record must also have been registered/validated in SEVIS at least 3-4 days before you apply.

Q I would like to apply for my SSN as soon as possible. Can I go to the Social Security Office right away when I arrive in the U.S.?
A Unfortunately, you will not be able to do so. One of the requirements for obtaining your SSN is proof or your full-time enrollment in the University. That proof becomes available only after you register. Once all students have registered, OIA is able to verify that fact on-line and can issue a letter that confirms that you are registered as a full-time student. Only then can you apply for the SSN.

Q I went to apply for a Social Security Number and was given a letter that says, it will take 6-8 weeks to receive my SSN. I have an assistantship in my department. Will I get paid?
A Yes. The Payroll Office accepts the letter you have received as proof that you have applied for the SSN. Make sure to submit this letter to the administrator in your department as soon as possible.

Q I have been told that my paperwork must be checked in Washington, D.C. Is there any way to speed up the process?
A Unfortunately, no. The background check is conducted by an agency over which the Social Security Administration has no control. This means that the Social Security Office can do nothing to speed up the process, nor can the staff there provide updates regarding the process. Between submitting your documents and receiving clearance, the Social Security Office receives no information regarding your case.

Q I have a job offer and my employer does not want to let me start working until I receive my Social Security Number. What should I do?
A Your employer can let you start working before you have received your Social Security Number. For information for employers, please visit http://www.socialsecurity.gov/employer/hiring.htm

Q Where can I learn more about Social Security matters?
A Please check the web site of the Social Security Administration at http://www.ssa.gov

Quoted from the Office of International Student at the University of Chicago