International Students Rights in USA – The rules at your house are so different from those at your neighbour’s house. Then Imagine the difference in rules, rights and responsibilities between countries!

The basic rights and responsibilities are still the same. However, as an international student in the US, you may have a few rights and obligations, unlike a local student.

In this blog, we shall discuss the international Students’ Rights in the US that you need to know before moving to study in the US.

Housing Rights

The International students’ rights in the US for housing protect them from being exploited or discriminated against during their stay in the country. 

Here are a few rights that you must know as an international student in the US

• Right to receive fair and equal treatment when finding accommodation in the USA.
• Right to share grievances related to housing or any related academic matters.
• Right to protection against any contract violations made with regard to housing, tuition or related services
• Right to access legal resources with regard to any lease agreements

Working Rights

Many students are confused about their rights and obligations as international students working in the US. As international students, your access to work varies based on the kind of VISA you hold. It is important that you fully understand the type of student visa you have so that you know if you are allowed to work or not, what kind of jobs you can take up and for how many hours you can work.

However, considering that you hold an F1 visa, here are a few international students’ rights you must know.

• Right to apply for any on-campus employment opportunities
• Right to be protected against any exploitations conducted during work hours in the USA (with regards to wages or work hours)
• Right to be protected against forced labour and human trafficking
• Right to not face any discrimination when finding a job in the USA

Right to Form Unions

There is more strength in teams than the same in individuals. Hence, International students in the US have the right to form or join student unions, which advocate for better academic and living conditions. 

Though forming unions can sometimes be challenging due to visa limitations, knowing the extent of your rights is essential to avoid any legal complications.

Here are a few key points international students should know about unionisation rights.

• Right to participate in student committees irrespective of being an international student.
• Right to participate in any student organisations, student clubs, and any other extra-curricular activities.

Presumption of Innocence Rights

In the US, whether you’re an international student or not, everyone is treated as innocent until proven guilty. This applies to anything from criminal charges to university misconduct issues. It means no one can automatically assume you’re in the wrong without clear evidence. So, if you ever find yourself in a tricky situation, this is one of your key rights to remember.

Here’s a quick rundown of what the presumption of innocence means for you as an international student.

• Right to remain silent during a circumstance.
• Right to have an attorney or lawyer with them in case of answering any legal queries.
• Right to have a hearing before any judge.
• Right to not open the door to police officers unless a warrant is exhibited.
• Right to engage with the consulate of your home country
• Right to be protected against any seizures or illegal searches at your home, car, or yourself

Student Support Rights

As an international student, you have access to the same support services as any other student. That includes academic help, mental health resources, and even legal advice. Universities are there to make sure you’re supported through your journey, no matter where you’re from.

Here’s a look at some of the student support services that are available to you.

• Right to access all quality academic resources offered by your chosen academic institution
• Right to have your personal and academic details protected under the Family Educational Rights and Privacy Act (FERPA)
• Right to access any medical services and other related support during your academic study period
• Right to access student support services
• Right to express fair treatment in case any conflicts have occurred between you and the academic institution.
• Right to access an English language support service to improve your overall English language skills
• Right to access quality education and be analysed based on academic performance and capabilities as an overseas student
• Disabled students have the right to receive equal opportunity when accessing any educational facilities or services.
• Right to receive fair grading practices
• Right to protect your privacy during academic counselling sessions
• Right to participate in career fairs and networking events
• Right to be informed in case any interruptions are experienced during a student’s academic study period
• Right to cross-question academic decisions
• Right to access scholarships and other financial aid equally
• Right to access advice on USA immigration issues and seek legal assistance whenever required
• Right to access information related to your education program, tuition fee costs, housing costs, and other related academic costs in detail
• Right to be informed in prior with regards to a tuition fee increase
• Right to participate in classroom discussions equally
• Right to access details related to health insurance options and benefits included before investing in any
• Right to receive any career or academic counselling
• Right to have your complaint heard and processed
• Right to be protected against any academic exploitation
• Right to receive a travel signature from DSO (Designated School Official) for students to re-enter the USA again
• Right to be protected in case of conducting research that includes human subjects

Other Rights

Aside from the obvious stuff like housing and work, there are a few other rights that you, as an international student, should keep in mind. These include privacy protections, freedom from discrimination, and access to healthcare. Knowing your rights can make your stay in the US smoother and safer.

Here are a few more important rights to be aware of as an international student.

• Right to free speech as the local USA residents
• Right to freedom of expression
• Right to practice your own religion
• Right to be protected against any discrimination based on gender, race, colour, age, religion, and disability.
• Right to be treated with respect
• Right to meet your family members via a dependent visa
• Right to be protected against any fraud practices conducted by an academic institution
• Right to be protected against any bullying or harassment based on a student’s cultural background or nationality
• Right to intellectual freedom
• Right to be protected against any inappropriateness or abuse from school staff.
• Right to protect any medical records
• Right to not disclose immigration status to anyone except for law authorities.
• Right to avoid any monitoring or surveillance practices.

Conclusion

Being an international student in the US comes with its own set of challenges, but knowing your rights can make a world of difference. From housing and work to forming unions and accessing student support, you have protections in place to ensure your time here is as smooth as possible. Understanding these rights will not only help you avoid any unnecessary stress but also empower you to make the most of your experience. So, stay informed, speak up when needed, and always know where you stand.

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FAQ Related to International Students Rights in USA

1. What should I do if a law enforcement or immigration officer contacts me?

If you get a call from someone claiming to be an officer, you don’t have to talk to them without confirming their identity. Ask for their number and consult your international office or attorney. Be cautious of scam calls posing as officials.

If an officer comes to your door, you’re not required to open it. Ask if they have a warrant and request they slide it under the door for review. You can also contact your attorney or the IU Police Department for assistance.

2. What is the new rule for international students in the USA?

Under the new rule, students are not allowed to spend more than five consecutive months outside the country during their academic programs. This regulation could greatly affect plans for studying abroad, internships, and even academic breaks.

3. Do international students have rights in the US?

Yes, international students in the US have various rights that protect them in areas like housing, employment, education, and support services. These rights include fair and equal treatment, access to student support services, privacy protections, and the freedom to participate in academic and extracurricular activities without discrimination. While rights vary depending on visa type, F1 visa holders, for example, have access to on-campus employment, academic resources, and legal support as necessary.

4. What is the law for international students in USA?

Laws for international students primarily govern their visa status, employment, education rights, and legal protections. F1 visa students, for instance, have the right to work on-campus under specific hours, access educational support, and enjoy protection from discrimination and exploitation. These laws aim to protect their rights while ensuring compliance with immigration rules and regulations, allowing them to complete their studies while maintaining lawful status.

5. Is USA friendly to international students?

The US is generally welcoming to international students, offering a wide range of support services, resources, and opportunities. Many universities provide counseling, academic support, and social services to help international students adjust and succeed. However, students must stay informed about their rights and obligations, as understanding and utilizing available resources can greatly enhance their experience in the US.