On February 5, 2010, the Supreme Court, Appellate Division, of New York held that an F-1 student violated his status by tutoring at another campus location of the university that he attended. The student was pursuing a Master’s degree at the State University of NY at Binghamton. While attending school at the Binghamton campus of SUNY, he also tutored students attending the State University of NY at Morrisville, some 70 miles away. The student argued that he was engaging in “on campus” employment, which is allowed under the regulations found at 8 CFR §214.2(f)(9)(i). That regulation requires the employment must be performed on the school’s campus or at an off-campus location that is “educationally affiliated with the school.”
The court found in favor of the school. The court rejected the student’s argument that tutoring at the Morrisville campus was “on campus” employment because both campuses were part of the SUNY network. Specifically, the court stated that “the tutor position could not have been on-campus employment as SUNY Morrisville – the place where petitioner was employed – is located almost 70 miles from the SUNY Binghamton campus.” The court also found that the student’s tutor position “does not appear to have any educational affiliation with SUNY Binghamton’s curriculum in a manner contemplated by these regulations.” The court recognized that both schools were in the SUNY network, but that they are “separate and distinct educational institutions with differentiated and designated missions.”
Klasko reminds students that they always check with their designated school official (DSO) prior to accepting off-campus employment in order to maintain valid F-1 status.
A copy of the decision can be read at: decisions.courts.state.ny.us/ad3/Decisions/2010/507473.pdf
