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NDSU
North Dakota State University, Fargo, N.D.
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Office of International Programs
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Legal Guidelines

Immigration Guidelines
All students must maintain full-time status as defined by the Immigration Service. Undergraduate students must carry a minimum of 12 credits each semester; graduate students must carry 9 credits. Students on full-time assistantships may carry 6 credits. All international students must be enrolled full time for nine months each year. The credit load must be carried throughout the entire term.  Students are not allowed to drop a class if it will cause them to drop below the minimum credit load requried even if they are failing a class. 
  • Off-campus employment is strictly prohibited.  International students may be eligible to apply for practical training premission (employment related to the major) after they are in F-1 status for two full semesters (excluding summer) at NDSU.  However, practical training must be authorized on immigration documents prior to working.  Work without authorization is considered illegal and is a serious offense.
  • On campus employment for F-1 and J-1 students is possible for no more than 20 hours per week during the year or 40 hours per week during the summer, winter and spring breaks provided they have maintained their full-time status. 
  • F-1 and J-1 students may work on campus for no more than 20 hours per week during the year or 40 hours per week in the summer providing they have maintained their full- time status.
  • F-2 spouses and dependents are prohibited from working under any circumstances. J-2 spouses may receive permission to work off-campus from the Immigration Service.
  • Immigration and other identification documents should be carried at all times, especially when traveling outside of the Fargo/Moorhead area, including travel within the United States.
  • The I-20 must be signed by the international student advisor once each year, usually in May. In order to leave the U.S. and return, all students must have a valid passport, current visa, and an I-20 signed within the past year.
  • Any student who has a change of plans (transferring to another school, starting another degree program, etc.) after arriving in the United States should consult the international office to determine what he or she must do to maintain immigration status.
  • All students and scholars must report any and all changes of address to the OIP
Basic Laws for Foreign Students
Statutory criminal law
Source - This law is decreed by the legislative branch of the government (federal, state, or local) and enforced by an executive officer (usually the United States Attorney) acting through the courts. There must be a judicial determination that the law was violated before any criminal penalty may be imposed.
  • Driving - All resident drivers must be licensed with the state. All cars must be registered with the state. All drivers must be able to show proof of financial responsibility (such as insurance) in case of an accident. All traffic laws must be obeyed.

  • Drinking - People under 21 years of age can not possess or drink alcoholic beverages. No one may furnish alcohol to a person under 21 years. Alcoholic beverage containers which have been opened may not be carried in a car.

  • Drugs - No narcotic drugs or marijuana may be possessed or sold without a prescription.

  • Taxes - Federal and state income tax must be paid by all employed persons. Income tax returns must be filed each calendar year before April 15.
Judicial common law, or civil law
Source - This law is based upon decisions in past court cases involving a dispute between two or more private parties; the suit is brought by an individual, not the state.
  • Breach of contract - one party claims the other did not fulfill promises under the agreement, or did something not authorized by the contract. Landlord-tenant disputes usually fall within this category.

  • Personal injury lawsuits - result from car accidents, etc. The injured party has to prove that the defendant was negligent, (i.e., that he acted unreasonably or without due care, and that the negligence caused the injury).
Sources of legal help

Off-campus: Call Legal Assistance of ND, 1-800-634-5263.

Tax Information
Foreign nationals who are studying, teaching, or engaged in research activities in the United States are subject to federal and state income taxation on any income earned in the U.S. from teaching and research assistantships. All international students and scholars are required to file federal and state income tax forms regardless of whether they earned income. Interest earned on checking and savings accounts are also subject to taxation. Internal Revenue Service (IRS) Publications are available for more information.
  • Form 1040NR - U.S. Nonresident Alien Income Tax Return

  • Form 1040NR Instructions

  • Form 1040NREZ - U.S. Nonresident Alien Income Tax Return

  • Form 1040NREZ Instructions

  • Form 8843-Statement for Exempt Individuals

  • Publication 519 - U.S. Tax Guide for Aliens

  • Publication 520 - Scholarships and Fellowships

  • Publication 901 - U.S. Tax Treaties

  • Forms 37-S and 37 - North Dakota Individual Income Tax Forms and Instructions The Office of International Programs (OIP) sponsors a tax seminar each year to assist international students. The OIP also provides copies of tax forms and instruction booklets. However, the filing of tax forms is each individual's responsibility.
Tax forms can be found in some United States Post Offices and libraries. Tax forms are due April 15. In addition tax forms can be printed from the IRS website at www.irs.gov.

Social Security Card
In order to work in this country fill out a form or have a savings or checking account, it is necessary to have a social security card. To obtain a social security card you must go to the Social Security Office and fill out a form. No appointment is necessary and no fee is charged. The office is located at 657 2nd Avenue North, Fargo (above the Fargo Post Office). Office hours are 9:00 am-4:00 p.m., Monday-Friday.

You must bring the following:
  • Passport
  • Visa
  • Form 1-20 or DS 2019
  • Letter showing job offer of employment or assistantship award
  • Letter from Office of International Programs
  • I-94 card
You must meet with an international student advisor in the Office of International Programs to have your SEVIS record validated at least 48 hours prior to applying for the Social Security number.  It may be possible to get social security cards during the orientation session.

North Dakota Identification Card
If you need a form of identification (normally necessary for check cashing) and do not have a driver's license, you can obtain a North Dakota State ID Card. To do this you need to contact the North Dakota Drivers Division at (701) 239-8940.

The requirements are:
  • $8.00 fee
  • Passport
  • Social Security Card
  • If you do not have a social security card, you must obtain a letter from the Social Security Administration stating that you are not eligible for a social security card. 


 
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Site Manager
Last Updated: Friday, 15-Feb-2008 14:46:20 CST
Published by International Programs
NDSU is an equal opportunity institution
Prospective students may schedule a visit by emailing ndsu.international@ndsu.nodak.edu
P.O. Box 5582, Administration Avenue/Ceres Hall 338, Fargo ND 58105-5582 U.S.A.
Phone: +1.701.231.7895 Fax: +1.701.231.1014
www.ndsu.edu/International