Maintenance of Status
F-1 and J-1 students will find information pertaining to maintaining their immigration status in this section. The international student advisers in ISSA assist students in maintaining their status, but ultimately maintenance of status is the individual student's responsibility. Students should read the information in this section carefully.
Activities That May Affect F-1 and J-1 Status Negatively
As an international student you are required to abide by the laws of the United States, and you may find that some of those laws may be inconsistent or contrary to the laws in your own country. For example, the legal age to drink alcohol in all states in the U.S. is 21, while there may be no minimum age to drink in your country. It is your responsibility to abide by the laws of the U.S. and the Commonwealth of Pennsylvania as well as local laws.
Examples of Unlawful Activities
The following activities may affect your standing and stay in the U.S. and should therefore be avoided. Please note that this is not an exhaustive list.
- Drinking under the age of 21
- Purchasing alcohol for those under the age of 21
- Driving while under the influence of alcohol or drugs
- Using illegal drugs
- Selling illegal drugs
- Providing false statements on government forms
- Stalking or harassing others. Acceptable behavior may differ in your culture, but it is important to understand how it is viewed in the United States.
- Threatening others which may be seen as terrorist threats
- Harming others
These may seem minor to U.S. citizens, but they may not be minor for internationals. Even being arrested and not convicted for alcohol activities can prevent you from receiving a U.S. visa.
If you are arrested, you should seek the advice of a criminal defense attorney as well as an immigration attorney. Sometimes a defense attorney will resolve a criminal case in a way that would be the right course of action for a U.S. citizen but is not the best solution for an international student who must also be concerned with immigration laws. In these cases, an immigration lawyer can advise your criminal defense attorney. You have a right to see a lawyer and other important rights (including the right to remain silent and not answer questions) if you are arrested; read the ACLU "Know Your Rights" Card. DISSA can provide you or your attorney with a list of immigration attorneys.
Occasionally, students may be visited by Immigration and Customs Enforcement (ICE) agents or FBI agents seeking information. Below is information you should know about your rights. If you have been contacted, please alert an international student adviser, so ISSA can follow up if necessary.
In addition, activities that violate Penn State's code of conduct standards may affect your immigration status in the U.S. If the punishment for a violation of Penn State's rules results in your inability to enroll, ISSA will be required to terminate your SEVIS record. If your SEVIS status terminated, you have no grace period and are required to leave the U.S. immediately.
Failure to Abide by F-1 or J-1 Regulations
In addition to activities involving law enforcement or Penn State's Office of Conduct Standards, DISSA must abide by SEVIS reporting requirements in regards to your status in the United States.
It is important to read the emails from ISSA and follow any instructions. Emails are sent to warn you about a particular situation that will affect your status in the U.S.
The following actions will require ISSA to terminate your SEVIS record. There is no grace period for terminated students, and you will be required to leave the U.S. immediately:
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Failure to enroll while you have an Active SEVIS record. If your I-20 has a future end date, you must inform ISSA of your intention not to enroll because you have graduated, taken a leave of absence, returning home for military service, etc.;
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Failure to update your contact information in LionPATH including addresses, telephone numbers, and emails. The contact information is used for reporting to SEVIS. The permanent address must be an address outside the United States and the local address must be where you sleep while attending Penn State;
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Failure to have a full course load or have approval for a reduced course load;
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Enrollment in too many online credits to be counted toward full-time enrollment requirements. See Enrollment Requirements page for more information.
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Failure to have work authorization from ISSA if working;
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Failure to apply for an extension of your I-20 or DS-2019; and
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Failure to meet mandatory health insurance requirements.
Lost or Stolen Passports
Overview
Passports, Visas, and Arrival/Departure Records (I-94) are official travel documents that foreign citizens coming to the United States (U.S.) must have in their possession to show their country of citizenship and legal status in the United States.
You should make a copy of each and keep an electronic copy or a paper copy. These documents are important for students and scholars if they intend to work on-campus.
We recommend getting a Pennsylvania driver’s license or a Pennsylvania State ID (see Pennsylvania driver’s license information) if you will need identification to prove your age and identity. Using a passport to enter bars and for other purposes is not a good idea because the passport is too easy to lose.
What Should You Do if Your Passport is Lost or Stolen?
Make sure you keep copies of all documents – passport, I-94, visa, police report, applications for replacements, etc. Unfortunately, replacing a passport is not a process that Penn State can help you with. This is a personal and private document and only you can request a replacement.
- Go to the local police station and report that your passport was lost or stolen. If available, you can provide a copy of the passport. You will be issued a police report detailing the incident. Don’t forget to make an extra copy of the report for your own records.
- I-94 replacement. You should be able to replace your I-94 by printing the electronic I-94 at www.cbp.gov/i94.
- Seek a replacement passport through your embassy. Contact your embassy or consulate in the about replacing the passport. You can typically find this on their website. Your embassy or consulate will ask for a copy of the police report about the passport. The time to get a new passport will vary by the country. Some consulates can replace the passport, while other countries will replace the passport from the home country.
- The next time you travel outside of the U.S. you must apply for a new U.S. visa to return because you cannot obtain a U.S. visa within the United States. Unfortunately, you will have to go through the same process as you did when you got the visa. You will also need to include a copy of the police report.
Change in I-20/DS-2019 Data
Your I-20 or DS-2019 must reflect accurate information. You should request a new I-20 or DS-2019 in iStart if you notice a mistake or if there is a change in any of the following information:
- Academic major
- Name
- Date of birth
- Passport country
- Primary source of funding
For changes in major, F-1 students should request a new document by completing the Change of Major form in iStart. This form is only for F-1 students because typically J-1 students cannot change their major since this is considered a change in program objective.
For all other changes (or corrections), request a new document by submitting the Replace Document form in iStart. If you are requesting a new I-20 or DS-2019 based on a change in funding, you must upload new financial documents when you make your request in iStart. We will not issue a new I-20 based on a one-semester assistantship.
Addresses and Other Contact Information
Immigration regulations require all individuals in F and J visa status (including any dependents) to report address information and any changes to address information. You are responsible to report both your home country address and your local U.S. address.
Required Information Reporting
- Permanent or Home Address (outside of the U.S.)
- You are required to have an address outside of the United States if you are in a non-immigrant status.
- You must update any address changes in Account Management.
- Local U.S. Address
- This is the address where you live and sleep in the U.S.
- ISSA is required by law to report this information to SEVIS
- You must update any address changes in Account Management.
- Please verify the proper format for your local address at usps.com.
- Work Address
- If you are a graduate student and have a departmental mailbox or office, use this address as your work address
- Emergency Contact
- This will be the person whom the University will contact if you are seriously ill or injured
- Telephone
- Home country phone number
- Local phone number
- Mobile phone number – add this even if you are repeating a local number
- Be sure to set up voicemail on your cell phone– ISSA will only call you for important issues
Employment
If you change your address and are working on campus, you must fill out a new W-4 form with your Penn State Employer. All off-campus employment requires authorization through ISSA.
Once You Leave Penn State
If you remain active in SEVIS on a Penn State document, while working through Optional Practical Training for example, you must continue to report any address changes. Once you no longer have access to Lionpath, please complete the OPT EMPLOYER AND LOCAL ADDRESS UPDATE eFORM through iStart.
Enrollment Requirements
Both F-1 and J-1 students must maintain full-time academic status.
Undergraduate and Law students in F-1 or J-1 status need to enroll for a minimum of 12 credits/semester to fulfill Department of Homeland Security (DHS) visa requirements for full-time enrollment.
Graduate students in F-1 or J-1 status need to enroll in a minimum of 9 credits/semester to fulfill the Department of Homeland Security visa requirements for full-time enrollment.
F-1 and J-1 students may count no more than 3 hybrid-remote/online credits toward their minimum requirement.
The following instructional modes count as in-person for immigration purposes:
- In person
- Hybrid 25%-50% Remote
- Hybrid 50-74% Remote
Part-time Enrollment/Reduced Course Load
Part-time enrollment/exceptions to full-time study must be cleared with an International Student Adviser in advance. For additional information, review the reduced course load information.
Hybrid, Web-based Courses, or Online Courses
F-1 and J-1 students may count only 3 credits that are taught hybrid-remote/online, including World Campus, and Web, courses towards full-time enrollment each semester.
These instructional modes count as hybrid-remote/online:
- Hybrid 75% and up Remote
- Remote Blended
- Remote Asynchronous
- Remote Synchronous
- Video Receiving
- Video Broadcasting
- Distance Education
World Campus Enrollment
F-1 and J-1 students cannot do a change of campus to World Campus and remain in the United States. Full-time enrollment in World Campus within the U.S. is a violation of F-1 and J-1 status. You can take web-based courses from outside the United States and do not need to be in F-1 or J-1 status.
Summer Enrollment
Starting during the Summer
Undergraduate Students:
- Undergraduate students beginning their degree in Summer Session I must be registered for 12 credits.
- Undergraduate students beginning their degree in Summer Session II must be registered for 6 credits.
- F-1 and J-1 students may count no more than 3 hybrid-remote/online credits toward their minimum requirement.
Graduate Students:
- Graduate students beginning their degree in Summer Session I must be registered for 9 credits.
- Graduate students beginning their degree in Summer Session II must be registered for 5 credits.
- F-1 and J-1 students may count no more than 3 hybrid-remote/online credits toward their minimum requirement.
Graduating at the End of Summer
Students who intend to graduate or complete their program in summer must enroll in summer courses. No more than 3 hybrid-remote/online credits may count towards full-time summer enrollment. If requesting approval for part-time enrollment for final semester, enrollment cannot be fully hybrid-remote/online.
Continuing Your Studies in the Fall Semester
Students who plan to enroll in the following fall semester may do any of the items listed below during the summer as it is considered a "vacation" period:
- Not enroll in any summer courses
- Register for hybrid-remote/online courses
- Register for part-time credits
- Register for full-time credits
Concurrent Enrollment
Students are not allowed to enroll at Penn State and another institution at the same time without prior permission. Courses taken concurrently at another institution do not count toward the Department of Homeland Security’s full-time enrollment requirement for international students.
Withdrawals
Withdrawals occur once the semester has begun. There are three possible consequences of withdrawing from all classes:
- Termination of the SEVIS record based on “authorized early withdrawal” if the student seeks advice from an international student adviser in ISSA in advance of the withdrawal and completes the Exit Form in iStart. The grace period to remain in the U.S. is 15 days from the date of termination.
- Termination of the SEVIS record based on “unauthorized early withdrawal” if the student does not seek advice from an international student adviser in ISSA in advance of the withdrawal nor completes the Exit Form in iStart in advance. There is no grace period and the student is required to leave the U.S. immediately. All retroactive withdrawals will cause a student’s SEVIS record to be terminated.
- International Student and Scholar Advising (ISSA)-authorized medical leave if the student remains in the U.S. for medical treatments. Otherwise, the termination will be #1 or #2 above. The limit of this is 12 months.
It is important to note that ISSA does not withdraw students from any classes. Withdrawing from classes is an academic function by the student or academic advising unit, not an immigration function processed by ISSA. To withdraw from classes, students must go to LionPath and process the withdrawal online. We suggest that the student seek the advice of an academic adviser beforehand. Again, students must initiate the withdrawal: see instructions on the Registrar's website.
Change of Academic Level
If you change your degree level (example: complete a Bachelor’s degree and begin a Master’s degree) while at Penn State, you must be issued a new I-20 or DS-2019 to reflect the correct degree level.
Steps to take:
- Accept an offer of admission at the new program degree level
- Be prepared to submit new financial documentation
- Complete the Change of Level eForm
- Wait for approval and receive the new I-20/DS-2019
When you begin the new level as indicated on your I-20 or DS-2019 (semester and program), you must enroll full time.
Health Insurance
Health insurance is mandatory for all international students in F-1 and J-1 status and their accompanying dependents. The U.S. Department of State requires all J-1 exchange visitors (students, scholars, interns, etc.) and their dependents maintain health insurance. Willful violation of this mandate requires termination of the J-1 status.
F-1 Program Extension
An F-1 student who is unable to complete a full-course of study in a timely manner must apply for a program extension before the completion date listed under Program of Study on page one of form I-20.
A program extension may be granted if the student has maintained status and the delay is caused by compelling academic or medical reasons, such as changes of major or research topics, unexpected research problems, or documented illnesses. Delays caused by academic probation or suspension are not acceptable reasons for program extension.
Students who need to apply for extension may begin the application process at the beginning of the semester in which the I-20 expires and no later than 45 days before the completion date on the I-20. Students should request a program extension by completing the Extension eForm in iStart under the I-20 request. A new financial guarantee is required and should be uploaded into the eForm.
NOTE 1: If a student’s final term is summer, the student must be enrolled in summer because a summer vacation is allowed by regulations only if the student plans to enroll in fall.
NOTE 2: For graduate students with a paper, thesis, or dissertation requirement, the end of the program of study is one of the following:
- Defense date or
- The end of the semester in which the student is last enrolled, including summer. If the last term is summer and the student chooses not to register, the end of SUMMER I (one) will be used as the program end date. Please note: You may NOT work during summer if you are not registered. [NOTE: For immigration purposes, students cannot continue enrollment to maintain status after the thesis/dissertation defense. See #3 below.] or
- 4 weeks after the defense date if the student defends between semesters or within a semester but after the thesis deadline for that semester or
- After completion of all degree requirements except thesis (PhD students must continue to enroll per Graduate School requirements for students applying for OPT).
IMPORTANT: Program Extensions not requested by the student in a timely manner (before the expiration of the I-20) will require a reinstatement.
F-1 Reinstatement
Correcting a Terminated F-1 Record
F-1 students are required to maintain status by honoring the rules of their non-immigrant status. This includes maintaining full-time enrollment, working only under the limitations of the employment benefit (i.e. 20 hours per week when school is in session), keeping their passports valid, etc.
There are two methods for correcting a terminated F-1 record:
- Travel with an initial I-20
- Reinstatement within the United States through the USCIS.
Both methods have benefits and risks, so it's important to seek advice from an international student adviser.
An application for reinstatement is NOT permitted for those who have engaged in unauthorized employment, who have had a record of repeated violations, or who have been out-of-status for more than five (5) months.
It is only possible to reinstate your F-1 if failure to maintain status resulted from circumstances beyond the student's control (i.e. serious illness) or from less than full-time enrollment that was mistakenly not approved. Students who have filed for reinstatement should:
- follow the rules for maintaining status, such as continued enrollment
- not travel outside the U.S.
- not be employed on or off campus while the reinstatement application is being processed.
Application Process for F-1 Reinstatement (Within the U.S.)
Step 1: Request your Reinstatement I-20 by completing the Reinstatement eForm. In order to do this, you will need to submit a Financial Guarantee.
Step 2: Submit application to USCIS with the following paper documents through the mail:
- G-1145 - E-Notification of Application/Petition Acceptance
- Form I-539
- Check made payable to the Department of Homeland Security. The current fee is $370.
- Copy of Reinstatement I-20 or DS-2019 signed by you per USCIS Policy Memorandum of June 1, 2012.
- Copies of financial support documents used to obtain the I-20 or DS-2019
- Letter explaining the reason for the reinstatement request and the circumstances of the violation. It should also state that the student will not violate status again
- Any other letter(s) explaining the circumstances (e.g. from the international student adviser, academic adviser or medical professional)
- Copies of all current immigration documents (e.g. previous DS-2019s, I-20s, paper or print-out of electronic Form I-94, valid passport, visa stamp, if applicable)
- Official Transcript (visit Penn State's online transcript request form)
- Copy of current and/or future class schedule
These documents should be submitted to the Service Center with jurisdiction over the address on the I-539. In Pennsylvania, the package should be mailed to:
If Using U.S. Postal Service:
USCIS
P.O. Box 660166
Dallas, TX 75266
If Using Express Mail/Courier:
ATTN: I-539
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067
J-1 Program Extension
The request should be made no more than 4 months before and no later than 2 months before the expiration date on the DS-2019. The extension is a notification made by the Responsible Officer (Penn State international student advisers) to the United States Department of State Exchange Visitor Program. To request an extension, follow these steps:
- Obtain new financial documentation showing that you have adequate funding for the period of the extension. Information regarding estimated expenses can be found on the Financial Guarantee Requirements page.
- Submit the "Extension" form in iStart and upload the necessary financial documents.
- Your request will be forwarded to your academic/faculty adviser for confirmation that there is a valid academic reason for the extension.
If your adviser supports your request and completes the form, an international student adviser will review the request to see if the extension can be approved. A new DS-2019 will be issued if the request is approved.
Expiration Date on DS-2019
To check the expiration date, see the first page of the DS-2019, item 3.
Form Covers Period:
From (mm-dd-yyyy)
To (mm-dd-yyyy): (This is the Expiration Date)
Students who have failed to maintain status are not eligible for extension. Maintaining status includes:
- Full-time attendance except under circumstances approved by the Responsible Officer, (See iStart for the Exceptions to Full-time Enrollment form);
- Adherence to the health insurance mandate for the student and any dependents; and
- Employment only with approval from DISSA.
[Note: Health insurance coverage is a U.S. State Department regulation requirement.]
J-1 Reinstatement
Application for J-1 Reinstatement
A J-1 student who falls out of status may be eligible for a technical correction or reinstatement. If the J-1 student is on a Penn State DS-2019, ISSA may correct a record if all of the following are true:
- the student is pursuing the original program objective;
- the student has not willfully failed to maintain health insurance;
- the student has not substantively violated status (such as not maintaining full-time enrollment or working without authorization); and
- no more than 120 days have passed since the violation.
You will be unable to apply for a technical correction if more than 120 days have passed since the violation. You will be unable to apply for reinstatement if more than 270 days has passed since the violation.
It is important for the J-1 student to contact ISSA as soon as possible to determine the extent of the violation and the appropriate course of action. If the international student advisers determine that a reinstatement is warranted, the J-1 student must pay the required fee of $367, payable to The Pennsylvania State University, through the Director of ISSA.
Taking a Break From Studies and Returning
Leave of Absence or Withdrawal Procedures
There are two processes that you need to follow – the academic process and the immigration process.
Leave of Absence
A student is allowed to apply for a Leave of Absence for a period of time (usually up to one year) and return to continue their degree program.
- Academic: Apply for a Leave of Absence with the Registrar's Office.
The deadline for applying is the last business day before the first day of classes for the semester that the leave will begin. - Immigration: After you complete step 1, submit the Exit Form in iStart before leaving the U.S. Your I-20/DS-2019 record will be terminated as a result.
Withdrawal
If you are unable to complete the semester, you may choose to withdraw from the University.
Note: We strongly recommend you withdraw only after talking with your academic adviser/department as well as an International Student Adviser to determine the consequences to your academic standing and immigration status.
- Academic: Refer to the Registrar’s website to see the university process to withdraw.
- Immigration: Once you withdraw from the semester, you must complete the Exit Form in iStart before leaving the U.S. Your I-20/DS-2019 record will be terminated as a result of the withdrawal.
Discuss your situation with an International Student Adviser to determine the timing of leaving the U.S.
Getting a New I-20/DS-2019 To Return to the University
If you wish to return to Penn State for in-person studies after a withdrawal or military service, or come back after an academic suspension or a leave of absence, please follow these steps:
- Complete the re-enrollment process with the Registrar’s Office (undergraduates) or through the Graduate School (graduate students).
Note: ISSA can process your returning student I-20/DS-2019 only after we can confirm that you are approved to return by the Registrar’s Office or your graduate program. - About 3 months before the date of your approved return to the University, apply for a new I-20 or DS-2019 in iStart by completing the Returning Students eForm (under I-20/DS-2019 requests). You will be required to upload updated financial support documents with this request. More information about financial requirements can be found here.
Note: If your Penn State access account is no longer active, log in to iStart through Limited Services.
Transferring to a New Institution (F-1 and J-1 Students)
F-1 and J-1 students must notify ISSA of their plan to transfer to another school. Immigration considers any move from one institution to another as a “transfer,” even if the student has graduated from the first institution.
How to transfer to another School
- On iStart submit the SEVIS Transfer Out eForm (under k. Other Requests).
- Upload the admission/acceptance letter from the school to which you are planning to transfer
Note:
- No transfer request will be processed without a completed eForm and an admission letter.
- J-1 students must be sure they are eligible for the transfer before making this request. Consult with an international student adviser in ISSA if you are unsure of your ability to transfer.
- Only after Penn State transfers your immigration record can the new school issue an I-20.
- Once your record is transferred, Penn State will no longer have access to your record on the request effective date, so be certain of your choice before you request a transfer.
- You must begin at your new school within 5 months of your last date of attendance or on the next available session start date, whichever is earlier.
- Consult with your new school to determine when they need to have your SEVIS record.
Choosing your transfer release date:
- Students who are graduating/have graduated: You should notrequest a date before you have completed classes at Penn State, but you must request a date within your 60 day grace period. ISSA suggests using the day after graduation as the transfer release date.
- Students on OPT: You may choose any date; however, your OPT will end automatically on the date you choose, regardless of the dates on your OPT card. ISSA recommends that you choose a date close to the end of OPT, if possible.
- Students who have NOT graduated and are transferring between semesters: You should choose a date before the beginning of the next semester at Penn State and before classes begin at your new school.Students transferring in the middle of a semester: This is not advisable as you may not receive a refund of your tuition money and may receive all “W” grades on your transcript for the semester. However, if you decide to transfer within a semester, you must maintain status at Penn State until your transfer release date.
End of Program
The end date on your I-20 or DS-2019 is an estimate of the time it will take you to complete your degree. Because it is an estimate, it may take you longer, or you may finish sooner.
- If you need more time, refer to the information on Program Extensions for J-1 Students, J-1 Scholars, or F-1 Students.
- If you finish earlier than your document indicates, you cannot remain in the U.S. until your document expires. You must take action within the grace period.
Defining Program Completion
For UNDERGRADUATE STUDENTS and THOSE WITHOUT A THESIS REQUIREMENT, program completion is based on graduation or end of enrollment
For GRADUATE STUDENTS with a thesis requirement, there is some flexibility in determining your completion of program date. It can be one of the following:
- The end of the semester in which you defend your thesis.
- Students are required to be enrolled in courses during their last semester -- this includes SUMMER semester. If there is no enrollment, students cannot be employed on-campus.
- Your defense date
- Four (4) weeks after your defense date - if you defend between semesters or within a semester, but after the thesis deadline for that semester
- FOR THE PURPOSES OF OPT ONLY – Students may apply for post-completion OPT after all degree requirements except thesis, (PhD students must continue to enroll while writing thesis per Graduate School requirements), and use any date during this period or the end of the semester in which the defense is successfully completed. See OPT rules at https://global.psu.edu/article/post-completion-opt
Grace Period
- F-1 students have a 60 day grace period upon completion of studies in which to take action to continue their stay in the U.S.
- J-1 students have a 30 day period to do the same.
If a student does not take any action, he/she must depart by the end of the grace period. Complete the Exit eForm in iStart to inform us of your plan to return home.
Within the grace period a student can decide to do one of the following:
- Begin Optional Practical Training (F-1) or Academic Training (J-1)
- Transfer to another institution--Refer to information on Transferring to a New Institution
- Begin a new degree at PSU--Refer to Change of Academic Level information
- Submit an application for a change to another visa status--Please complete the Exit eForm to inform us of your plans
Record Keeping
It is important that you permanently keep all the I-20s/DS-2019s, I-797s, EADs and any other immigration documents you receive during your time as an international student. You will need these documents to apply for future benefits (e.g. application for U.S. permanent residency) and to demonstrate a record of your legal status in the US. ISSA will not retain these records beyond the legal requirements.
You should check your Penn State email regularly and respond promptly to any requests made by ISSA. We may contact you individually to request information or we may contact all graduating students or other groups of students who need to take a particular action. Immigration information is usually time sensitive and a late response may cost you a benefit or even possibly your immigration status.
Academic Holds on Registration
International students with SEVIS records may have a hold placed on their ability to register if they do not respond to requests to abide by regulations and policies. These may include
- failure to complete document check-in with ISSA,
- failure to update local address, permanent address, telephone number and email address at https://accounts.psu.edu/ (as this information is required and reported to SEVIS),
- failure to provide financial guarantee as requested by ISSA for a new immigration document,
- failure to request a new immigration document for a change of Penn State campus, and
- other requirements to maintain SEVIS status.
An academic hold will be removed when the student complies with the requested information and then contacts ISSA or comes to the office in 410 Boucke. It generally takes 24 hours to remove the hold.