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An F-1 visa is issued to foreign students who come to the United States to pursue a
full course of study in colleges, universities, seminaries, conservatories, academic high schools,
elementary schools, other academic institutions, and in language training programs.
Summary of Key Points of F-1:
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All F-1 students are required to sign their I-20 forms outside the U.S.,
prior to their entry. By signing the I-20 form, students acknowledge that they understand
and will maintain F-1 regulations. Further, the student’s signature on the I-20 form
waives their right to privacy with regard to the USCIS. It permits the school who issued the
I-20 to release any information to USCIS, which is needed to determine if a student is
maintaining F-1 status. |
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All students who enter the U.S. on an F-1 student visa are
required to attend the school whose name appears on the I-20 form. If they fail to do
this, they are "out of status". Students who transfer to another school, must
complete the appropriate paperwork to alert USCIS, otherwise, they are also "out of
status". |
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All students on an F-1 visa must maintain a full academic
load, excluding vacation periods. A full academic load is defined in the following three ways:
A. Undergraduate: minimum of 12 credits
B. Graduate: minimum of 9 credits
C. ESL: at least 18 hours of classes per week
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| Any type of off-campus employment for an F-1 student is
prohibited unless permission is first received from the USCIS and/or the Department of
Labor. |
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| All F-1 students who change educational levels (i.e. –
from undergraduate to graduate) are required to report that change to Immigration. Failure
to do so places a student out of status. |
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| All F-1 students who change schools (transfer) are required
to report that change to Immigration. Failure to do so places a student out-of-status. |
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| All F-1 students who leave the U.S. for purposes of vacation
can only return if their F-1 visa is valid, and if their Foreign Student Advisor has
signed their I-20, authorizing their return to the school named on the I-20. |
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| All F-1 students are required to report a change of address
to Immigration within 10 days of its occurrence. |
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| All F-1 students are required to keep passport valid for at
least six months, and to have their I-94 cards in their possession at all times. |
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| After September 11, 2001, you will be subject to removal if you are found
not attending the school you have registered. You must act quickly to
"reinstate" your status. Talk to the foreign student advisor at your
school now! |
A "full course of study"
means:
(A) Postgraduate study or postdoctoral study at a college or university, or undergraduate
or postgraduate study at a conservatory or religious seminary, certified by a designated
school official as a full course of study;
(B) Undergraduate study at a college or university, certified by a school official to
consist of at least twelve semester or quarter hours of instruction per academic term in
those institutions using standard semester, trimester, or quarter hour systems, where all
undergraduate students who are enrolled for a minimum of twelve semester or quarter hours
are charged full-time tuition or are considered full-time for other administrative
purposes, or its equivalent, except when the student needs a lesser course load to
complete the course of study during the current term;
(C) Study in a postsecondary language, liberal arts, fine arts, or other non- vocational
program at a school which confers upon its graduates recognized associate or other degrees
or has established that its credits have been and are accepted unconditionally by at least
three institutions of higher learning which are either: (1) A school (or school system)
owned and operated as a public educational institution by the United States or a State or
political subdivision thereof; or (2) a school accredited by a nationally recognized
accrediting body; and which has been certified by a designated school official to consist
of at least twelve clock hours of instruction a week, or its equivalent as determined by
the USCIS in the school approval process;
(D) Study in any other language, liberal arts, fine arts, or other nonvocational training
program, certified by a designated school official to consist of at least eighteen clock
hours of attendance a week if the dominant part of the course of study consists of
classroom instruction, or to consist of at least twenty-two clock hours a week if the
dominant part of the course of study consists of laboratory work; or
(E) Study in a primary school or academic high school curriculum certified by a designated
school official to consist of class attendance for not less than the minimum number of
hours a week prescribed by the school for normal progress towards graduation.
Transfer School:
An F-1 student who is maintaining status may transfer to
another Service-approved school by following the notification procedure. An F-1 student
who was not pursuing a full course of study at the school he or she was last authorized to
attend is ineligible for school-transfer and must apply for reinstatement.
To transfer schools, an F-1 student must first notify the
school he or she is attending of the intent to transfer, then obtain a Form I-20 A-B from
the school to which he or she intends to transfer. The transfer will be effected only if
the F-1 student completes the Student Certification portion of the Form I-20 A-B and
returns the form to a designated school official on campus within 15 days of beginning
attendance at the new school.
Optical Practical Training
Foreign students on F-1(also J-1) visas are eligible to
apply for practical training allowing them to work in the United States after completing
their degree. The employment must be in the student's field of study. F-1 students may be
eligible to work for a period of up to 12 months while J-1 students may be eligible to
work for a period of up to 36 months. Students who have been approved for practical
training may accept employment.
When to apply: If students apply for practical training 30
to 60 days before graduation, they will receive work authorization in a timely manner.
After receiving approval for practical training, students
may accept any employment opportunity which is directly related to their field of study.
(The H-1B worker visa/status is employer specific and individuals may only work for the
employer who petitioned for the H-1B visa/status).
How
to apply? (also applicable to M-1)
The first step is to obtain from the school or academic
institution the Form I-20A-B entitled Certificate of Eligibility for Nonimmigrant (F-1)
Student Status or the Form I-20M entitled Certificate of Eligibility for Nonimmigrant
(M-1) Student Status. Schools and academic institutions which have received United States
Government approval to enroll foreign students have the authority to issue these forms. A
student visa cannot be processed without this form. Item 11 at the bottom of page one of
the form I-20 must be completed and signed by the applicant and submitted together with
the following:
- a passport or other travel document valid for at least six
months beyond the period of stay in the United States and with at least one blank page -
the six month requirements does not apply to United Kingdom passports;
- one color passport type photograph;
- evidence to show that the applicant has sufficient funds to
cover all expenses including tuition while in the United States. Such evidence may include
detailed bank statements of the student's and/or parents' accounts showing that adequate
funds are available for transfer, evidence of scholarships and/or combination of finances
which will meet the estimated total expenses, including tuition, of the student's proposed
stay in the United States;
- evidence to show that the applicant has a residence abroad
to which he/she intends to return at the end of the stay in the United States. This is
generally established by evidence of family, professional, property, employment or other
ties and commitments to some country other than the United States sufficient to cause the
applicant to return there at the conclusion of his/her stay;
- applicants may be required to furnish detailed information
concerning their academic qualifications. Such evidence may include complete transcripts
of grades (marks) and test records for the last four years of school and evidence of TOEFL
(Test of English as a Foreign Language) scores.
- a completed visa application form DS-156 for each person
traveling which has been endorsed by a bank showing payment of the visa application fee.
Reminder: No
assurances regarding the issuance of visas can be given in advance. Therefore final travel
plans or the purchase of nonrefundable tickets should not be made until a visa has been
issued.
Work:
It is possible in certain limited circumstances for the holder of an F-1 visa to obtain
permission to work in the United States. Holders of M-1 visas may only engage in
employment if it is a required part of their practical training and the employment has
been approved in advance by the office of the Immigration and Naturalization Service. The
spouse and/or children of the holder of an F-1 or M-1 visa may not work on derivative F-2
and M-2 visas; they may, however, study at an academic institution.
Entry
& Length of Stay: The holder of a student F-1 or M-1 visa may enter the United
States up to 90 days before the designated registration date on the the I-20A-B or I-20M.
The holder of an F-1 visa may remain in the United States for up to 60 days following the
completion of the course. The holder of an M-1 visa may remain in the United States for
the period of time it will take to complete the course of study as indicated on the I-20M
plus 30 days, or for one year, whichever is less.
Spouses, Children & Partners: Spouses and/or children under
the age of 21 who wish to accompany or join the principal visa holder in the United States
for the duration of his/her stay require derivative F-2 or M-2 visas. The application
procedure is the same; the I-20A-B or M covers dependents. If the spouse and/or children
apply for visas at a later date, a copy of the principal visa holders F-1 or M-1 visa must
be furnished with the application. The holder of an F-2 or M-2 visa may not work on a
derivative visa; he or she, however, may study at an academic institution.
Spouses and/or children who do not intend
to reside in the United States with the principal visa holder, but visit for vacations
only, may be eligible to apply for visitor (B-2) visas, or if
qualified, travel visa free under the Visa Waiver Program.
Partners and common-law spouses should for
a visa in his or her own right because U.S. visa law does not recognize common-law
relationships; therefore a partner or fiancée(e) is not eligible to apply for derivative
visa status.
F-2/M-2 verses F-1:
There is no requirement that the spouse and/or children of an F-1 or M-1 visa holder apply
for an F-1 visa if they wish to study in the U.S.; they may study on an F-2 or M-2 visa.
However, if they are qualified, they may apply for the F-1 visa. If you have school age
children, you should refer to the regulations governing the issuance of F-1 visas.
Do
you have a valid F-1 visa? If you have a valid F-1 visa you may continue to use it
provided you will arrive in the United States before the expiration date shown on your
visa and you will carry with you a valid I-20A-B, Certificate of Eligibility for
Nonimmigrant F-1 student status from an educational institution. If the educational
institution to which you are destined, differs from that for which the F-1 visa was
originally issued, you may still travel, provided the I-20A-B is valid. The visa cannot be
used if you are traveling as a tourist.
a.
When
can I apply for Optional Practical Training?
b.
Is H-1B
the next step I have to take after my practical training?
c.
When should I skip my practical training and
ask the employer to petition H-1B for me?
d.
Can an F-1 student who has valid practical
training and an Employment Authorization Document start to work for Company B after
Company A obtains an H-1B approval from the USCIS
on the F-1 student?
e.
Do I have to use practical training (OPT)?
Click here for more
information on H-1B visa/status. Or contact us if you have more question
about F-1 visa, OPT, H-1B or green card applications. |
