Foreign Student and Exchange Visitor Programs
Employment of Foreign Nationals
Consequences of Non-compliance

On October 1, 2004, the Michigan Immigration Clerical Assistant Act (“MICAA”) went into effect. The purpose of MICAA is to prevent the unauthorized practice of immigration law by requiring non-attorneys who provide immigration services or advice to register with the Michigan Department of Labor and Economic Growth, obtain a $50,000.00 bond to protect consumers, provide written disclosures of consumer rights and information, and limit fees for permitted translation services. The penalties for violating the MICAA are severe and include criminal prosecution for misdemeanor and felony offenses and civil action by victims.

Certain individuals are exempt from the registry provisions such as those individuals serving as designated school officials and responsible officers for foreign student and exchange visitor programs; and those individuals preparing immigration documents on behalf of their employers. At the University of Michigan, only designated non-legal professionals have the authority to provide immigration services and advice, as described in the remainder of this memorandum.

Foreign Student and Exchange Visitor Programs

Certain individuals are exempt from the MICAA registry provisions, such as individuals serving as the Primary Designated School Official (PDSO) or Designated School Official (DSO) for the F-visa program (foreign students) administered by an approved educational institution; and individuals serving as the Responsible Officer (RO) or Alternate Responsible Officers (ARO) for the J-visa program (exchange visitors) administered by an approved exchange visitor program but only when they are acting within the scope of their authority as defined by the US Citizenship and Immigration Service or the Department of State, respectively. The following individuals on each campus have primary authority to sign immigration documents related to F visas and J visas.

In addition to MICAA, federal law prohibits individuals from signing immigration paperwork for international students and scholars, unless authorized by the University and the federal government to do so. This means that it is illegal for non-designated employees to sign the SEVIS Form I-20 (F-visa holders) or the SEVIS Form DS-2019 (J-visa holders) on behalf of the University. Only the PDSO, DSO, RO and ARO for each campus are permitted to authorize travel outside of the United States, authorize immigration transfers to or from other institutions, allow students to drop below a full-time course load, or authorize employment for foreign students and exchange visitors.

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Employment of Foreign Nationals

Non-attorneys who prepare immigration paperwork on behalf of their employer are also exempt from the registry requirements of MICAA. At the University of Michigan, only those individuals employed in the Faculty and Staff Immigration Services Unit of the International Center are authorized to prepare immigration paperwork on behalf of the University. The Ann Arbor Campus International Center provides employment-based immigration services on behalf of all three campuses.

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Consequences of Non-compliance

Unauthorized signatures and unqualified immigration advice can result in serious negative consequences. For example, a foreign national may be denied entry to the United States or denied other benefits (i.e., transfer to another institution, taking a reduced course load, etc.); the University’s authorization to enroll F-1 students or sponsor an exchange visitor program could be revoked; and unauthorized signers or advisors could face serious legal difficulties for failing to comply with federal regulations and state law.

International students, scholars, faculty members and staff are facing increased scrutiny these days and, therefore, you and your faculty and staff members should treat this as a serious matter. The International Offices on the three campuses are charged with the responsibility of representing the University on immigration matters, in consultation with the Office of the Vice President and General Counsel. We encourage you to consult with the International Office on your campus regarding policy development and implementation that will affect our foreign national community members.

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