F-1 Students at California Community Colleges Have Trouble Maintaining
Status
Budget decreases in 2008-2009 left California community colleges struggling to
accommodate a full course load for each student in their school system.
Therefore, F-1 nonimmigrant students studying at these community colleges had
difficulties maintaining visa status. Specifically, these students were unable
to enroll in a full course load as required by Student and Exchange Visitor
Program (SEVP) regulations to maintain lawful status. Despite their best
intentions and attempts to maintain status, students were forced to violate
immigration law.
This unfortunate situation placed many F-1 students at risk for penal action by
immigration officials. SEVP attempted to work out a solution with the California
Community College Chancellor’s Office (CCCCO) to address immediate consequences
for students who had no other recourse.
SEVP Director Lou Farrell issued a formal decision on October 2, 2009. This
decision was effective only for the fall 2009 term only, and made provision for
F-1 students enrolled in SEVP-certified California community colleges to enroll
in the number of credits certified by their designated school officials (DSOs)
as a full course of study (as opposed to a minimum of 12 credit hours).
That DSO certification included the following restrictions:
- Include at
least one course (three credit hours) per term requiring physical presence
at the college;
- Permit
counting more than one online course toward meeting the full course of study
requirement, as opposed to the current maximum identified in the
regulations;
- Not count
conditions described in the previous two bullets toward limits otherwise
placed on reduced course load.
Please note, the CCCCO chose not to renew these provisions in spring 2010, and
the provisions have not been applicable to any term since the conclusion of the
fall 2009 term. Therefore, all F-1 students enrolled in any of California’s
community colleges must meet full course of study requirements directed in
regulation, without amendment. | 
