Immigration Law Resources

Information for International Students in F-1/J-1 Status

NOTE: International Student & Scholar Services should be your primary point of contact for any issues or questions related to student visas at DePaul. They have experts on staff who are available to assist you, as well as a wide variety of helpful resources.

Maintaining F-1 Student Status
In these uncertain times, it is more important than ever that students in F-1 visa status remain vigilant about properly maintaining their visa status. U.S. federal law requies F-1 students to do as follows:
- Ensure that the university has your current contact information
- Maintain valid personal documents (Passport, I-20, I-94)
- Maintain a full-time course load during the academic year
- Do not work for the university or any other individual or organization without proper authorization
- Follow all applicable rules if you decide to transfer to another institution
- File the proper U.S. tax forms every year, even when you have not worked in the U.S.
For more information, please review the Maintaining F-1 Status Handout prepared by ISS, and contact ISS to schedule an appointment with your advisor.
Maintaining J-1 Status
International Student and Scholar Services has identified the following key steps to properly maintaining a student's J-1 status:
- Ensure that the university has your current legal name and contact information
- Maintain valid personal documents at all times (Passport, DS-2019, I-94)
- Maintain a full-time course load during the academic year
- Maintain health insurance coverage
- Obtain authorization from ISS before traveling abroad
- Do not accept any employment without proper authorization
- File U.S. income tax forms, even when you had no U.S. income
- If applicable, be careful to comply with the 2-year home residency requirements (or obtain a waiver from DHS/USCIS)
For more detailed information, please review the ISS Rules for Maintaining Lawful J-1 Status Handout, or schedule an appointemnt with your international advisor.
Changing to F-1 Student Status
International Student Safety; Know Your Rights
Foreign nationals in student visa status have the same rights as American citizens when interacting with the police or other law enforcement, such as the right to remain silent and the right to have a lawyer represent them.

To learn more, please review the Know Your Rights informational resource (available in English, Spanish, Chinese, Portuguese, Arabic, Haitian Creole, and Punjabi).

H-1B, TN, and other Employment-Based Visas

H-1B Visas
The H-1B visa is a common employment-based visa available for “skilled foreign workers” who come to the U.S. to work in a “specialty occupation” on a “temporary basis.” USCIS defines a specialty occupation as one that requires a minimum of a bachelor’s degree in a specific field (for example, a BS in Computer Science). In addition to looking at the position, USCIS will also look at the employee’s qualifications. In order to qualify as a “skilled foreign worker,” individual must have earned the specific degree required, or its equivalent.
- Duration of Stay. The H-1B visa is a temporary status only. The period of H1B employment may be valid for an initial term of three (3) years and may be extended for another three (3) years. An individual may spend a total cumulative period of six (6) years.
- Dual-Intent Visa. The H-1B visa is considered a “Dual Intent” visa. While it is a temporary status by design, it also permits the visa holder to have an intent to immigrate to (or permanently stay in) the United States. This means that unlike most other visa types, the H-1B allows an employee to pursue lawful permanent resident status, which has huge benefits.
- Availability. Across most industries, H-1B visas are subject to a cap of 65,000 per year, plus an additional 20,000 reserved for individuals with advanced degrees obtained in the U.S. USCIS has a well-established lottery system, whereby H-1B applications must be submitted by April 1 of each year. Those selected are notified on or around October 1. Higher education institutions and affilated medical centers are exempt from the statutory cap. This means that these organizations may freely hire employees who require H-1B sponsorship, without having to worry whether or not their application will be selected in the annual lottery.
TN Visa / TN Status
TN Status or a TN visa is a unique benefit available to foreign employees who are citizens of Canada and Mexico that is part of the North American Free Trade Agreement, or NAFTA. TN status is a non-immigrant status, meaning that an individual in TN status cannot apply for lawful permanent residency or citizenship. It is most appropriate for an employee who does not intend to stay and work in the US permanently.

Lawful Permanent Residence (a "Green Card")

What is Lawful Permanent Residence?
How does one apply for Lawful Permanent Residence?
What are the Benefits to Having a Green Card?
There are many benefits to having Lawful Permanent Residence status:
- May live permanently anywhere in the United States
- May work for any employer in the United States, and freely change employers, without restriction
- May own real estate anywhere in the United States
- May enroll in degree programs and receive Federal financial aid
- May become eligible for Federal benefits, including Social Security and Medicare
- May join the United States Armed Forces
- May become eligible to apply to become a U.S. citizen after 5 years

Resources for Undocumented Students

Additional Scholarship Opportunities
Official DePaul University Statement in Support of Undocumented Students
At DePaul University we affirm the dignity of the individual. We value diversity and culture because these are part of our core values and traditions as a Catholic, Vincentian, and urban university. DePaul University has decided to take a strong and public stand for supporting undocumented students, and DREAM Act legislation. We believe supporting undocumented students is smart policy that will yield significant benefits for our university, city, state, and nation. We also know these young people who enter our doors are part of the next great generation who will build our collective future. It is for this reason that DePaul admits students regardless of their citizenship status. Because we welcome these students, it is incumbent upon all members of the DePaul community to understand DePaul’s position on assisting undocumented students, realize the value that they bring to our university, and support their success as we support all of our students.

This statement appears in the University Catalog and is publicly available here.

External Immigration Assistance and Immigrant Rights Organizations

Organization	Services	Contact
National Immigrant Justice Center	Advocacy, DACA, Representation for Unaccompanied Children, LGBT Immigrants, Human Trafficking Victims, Asylum Seekers, & General Immigration Services	208 S. LaSalle St., Suite 1300, Chicago, IL 60604 www.immigrantjustice.org
Legal Aid Foundation (LAF)	Violence Against Women Act (VAWA), U-Visa, T-Visa, & Migrant Agricultural Workers	120 S. LaSalle St., Suite 900, Chicago, IL 60603 (312) 341-1070 www.lafchicago.org
Alliance for Immigrant Neighbors	DACA, Family Petitions, Green Cards, Citizenship, Representation & Consultations	382 S. Mount Prospect Rd., Des Plaines, IL 60016 (244) 443-0113 www.allianceforimmigrants.org
Catholic Charites	DACA, Visas, Work Permits, Green Cards, Citizenship	St. Vincent Center 721 N. LaSalle St., Chicago, IL 60654 (312) 655-7700 Additional Locations: Chicago, Des Plaines, Cicero, Blue Island, Waukegan catholiccharities.net
Chicago Legal Clinic	Representation, Family-based Immigration, Deportation Defense, Pro-Bono Services	1914 S. Ashland Ave., Chicago, IL 60608 (312) 226-2669 www.clclaw.org
DePaul University College of Law - Asylum & Immigration Clinic	Representation for Deportation Defense, Immigration Applications, DACA, Family-based Immigration, Juvenile Immigrant Status, T-Visa, U-Visa, VAWA petitions	25 E. Jackson Blvd., Suite 1050 (O'Malley), Chicago, IL 60604 DePaulLegalClinic@depaul.edu
Erie Neighborhood House	Children & Youth Education, Adult Literacy, ESL, Workforce Development, Citizenship & Immigration Consultations, Education, & Workshops	1347 W. Erie St., Chicago, IL 60642 (312) 666-3955 www.eriehouse.org
Family Focus	Citizenship, Family-based Immigration, & DACA	550 Second Ave., Aurora, IL 60505 (630) 844-2550 family-focus.org
Illinois Coalition for Immigrant and Refugee Rights (ICIRR)	Civic Engagement Policy Work, Referrals, Community Education, Healthcare Information, SNAP Assistance, Prison Reform	228 S. Wabash, Suite 800, Chicago, IL 60604 (312) 332-7360 www.icirr.org
Justice for Our Neighbors	Advocacy, Community Education	2120 N. Mozart St., Chicago, IL 60647 (773) 609-4401 Additional Locations: Aurora & Rockford http://nijfon.org
Life Span	VAWA petitions, U-Visa, Immigrant Battered Women's Project	70 E. Lake St., Suite 600 Chicago, IL 60601 (312) 408-1210 Additional Location: Des Plaines life-span.org
RefugeeOne	Resettlement Services, English Language Training, Workforce Development, Wellness Program, Youth Program, Women's Services, Immigration Assistance	4753 N. Broadway, Suite 401, Chicago, IL 60640 (773) 989-5647 www.refugeeone.org
Resurrection Project	La Casa Student Housing, Financial Wellness, Home Purchasing, Foreclosure Prevention, Safety Programs, Health Programs, Education Programs, Community Organizing, Immigration Services (DACA, Application Support, Counseling)	1818 S. Paulina St., Chicago, IL 60608 (312) 666-1323 resurrectionproject.org
The Immigration Project	Consultations & Referrals, Application Support, Citizenship, Crime Victim Assistance, DACA, Provisional Waivers for Immediate Relatives of US Citizens	211 Landmark Dr., Suite B3A Normal, IL 61761 (309) 829-8703 www.immigrationproject.org
The Young Center	Unaccompanied Children Representation, Advocacy	6020 S. University Ave., Chicago, IL 60637 (773) 702-9560 www.theyoungcenter.org
World Relief	Consultations, Adjusting Statuses, Family Reunification, Citizenship, VAWA, U-Visa, Conditional Residency Removal, Translations, Fiance Petition, Green Cards	191 S. Gary Ave., Suite 130, Carol Stream, IL 60188 (630) 462-7566 Additional Location: Aurora worldreliefdupage.org

For a longer list of Organizations, please visit ICIRR's Immigration Services Directory

Immigration Law Resources

Information for International Students in F-1/J-1 Status

Maintaining F-1 Student Status

Maintaining J-1 Status

Changing to F-1 Student Status

International Student Safety; Know Your Rights

H-1B, TN, and other Employment-Based Visas

H-1B Visas

TN Visa / TN Status

Lawful Permanent Residence (a "Green Card")

What is Lawful Permanent Residence?

How does one apply for Lawful Permanent Residence?

What are the Benefits to Having a Green Card?

Resources for Undocumented Students

Additional Scholarship Opportunities

Official DePaul University Statement in Support of Undocumented Students

External Immigration Assistance and Immigrant Rights Organizations

College of Law

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