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There are three types of visas
available to foreign national students who wish to study in the U.S. The F visa
is for students who will study or conduct research at an accredited U.S.
college or university. The M visa is for students who will study or train at a
non-academic institution in the U.S. The J visa
is for used for educational and cultural exchange programs and is discussed in
its own article.
I. F-Academic
Students and M-Vocational Students Requirements
Foreign students seeking to study in the U.S. may enter in the F-1 or M-1
category provided they meet the following criteria:
- The student must be enrolled
in an "academic" educational program, a language-training
program, or a vocational program;
- The school must be approved
by USCIS/ICE in compliance with the SEVIS Program;
- The student must be enrolled
as a full-time student at the institution;
- The student must be
proficient in English or be enrolled in courses leading to English
proficiency;
- The student must have
sufficient academic credentials to attend the particular institution or
vocational program;
- The student must have
sufficient funds available for self-support during the entire proposed
course of study; and
- The student must intend to
depart the U.S.
II. What
is a “Full-Time” Student?
A full-time student is one who is “maintaining a full course
of study”. The regulations regarding students define a “full course of study”
as:
- Postgraduate study which is certified by the school as a full
course of study;
- Undergraduate college or university – 12
semester/quarter hours if all undergrads are enrolled for 12 hours and charged
full tuition or considered full-time;
- Post-secondary non-vocational (i.e., junior college or fine
arts school) – 12 hours and credits must be accepted by at least 3
schools;
- Study in other language, liberal arts or fine arts
non-vocational program – 18 hours in classroom or 22 hours if mostly in
lab;
A. Online
Classes
Only F-1 Students are allowed to take online classes
and may only take a maximum of one class or three credits online. No online
language programs are allowed.
B. Reduced
Course Loads
F-1 students may reduce course loads below a full course of
study when:
- They have obtained permission from the Designated
Student Official (“DSO”) and then, they may only reduce to a
minimum of 6 semester/quarter hours or half the clock hours of a full course of
study; or,
- It
is his/her final term to complete his/her studies.
M-1 Students are allowed to take a reduced course load only
for medical reasons and only for a maximum aggregate of 5 months.
III. What
is SEVIS and SEVP?
The Student and Exchange
Visitor Program (SEVP) is designed to help the USCIS and Department
of State better monitor school and exchange programs and F, M and J category
visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS).
SEVIS is an Internet-based system that maintains accurate and current
information on non-immigrant students (F and M visa), exchange visitors (J
visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and
program sponsors to transmit mandatory information and event notifications via
the Internet, to the USCIS and Department of State throughout a student or
exchange visitor's stay in the United States.
All student applicants must have a SEVIS generated
Form I-20 issued by an educational institution approved by USCIS, which they
submit when they are applying for their student visa. The consular officer will need to verify the Form
I-20 record electronically through the SEVIS system in order to process the
student visa application. Unless otherwise exempt, participants whose SEVIS
Form I-20 was issued on or after September 1, 2004 must pay a SEVIS I-901 Fee
to the Department of Homeland Security for each individual program. The fee may
be paid either through a special website, via Western Union, or by mail.
IV. Application
Procedures, Visa Issuance and Entry to the U.S.
The
first step is applying to and being accepted by a USCIS approved school in the
U.S. If admitted, the school will issue the student a SEVIS Form I-20 A-B/ID
(Certificate of Eligibility). Next, the student applies for the actual visa at
the consulate. Then, he/she will be required to appear for an in-person interview.
If the visa is granted, the student will be issued a visa valid in accordance
with the Form I-20.
A. When
to Apply
June, July and August are the busiest months in most
consular sections and interview appointments are the most difficult to get during
that period. Students are encouraged to apply for their visa early to provide
ample time for visa processing. Students may apply for their visa as soon as
they are prepared to do so. The consular officer may need to get special clearances depending on the
course of study and nationality of the student. This can take some additional
time.
Embassies and Consulates are only able to issue the
visa 90 days or less, in advance of the course of study registration date.
Applications filed more than 90 days prior to the start date or
registration date as provided on the Form I-20 will be held until the consular official is able to issue
the visa. Consular officials will use that extra time to
accomplish any of the necessary special clearances or other processes that may
be required.
The regulations only allow initial or beginning
students to enter the U.S. 30 days (or less) in advance of the course of study start/report date
as shown on the Form I-20.
A student who wants to enter the U.S.
earlier than 30 days before the course start date must qualify for, and obtain,
a visitor visa. A
prospective student notation will be shown on his/her visitor visa and the
traveler will need to make the intent to study clear to the U.S. immigration
inspector at port of entry. Before beginning any studies, he or she must obtain
a change of non-immigrant status to F-1. To do so, students must file a Form
I-539, Application for Change of Nonimmigrant Status, filing fee and supporting documents with the
appropriate USCIS Regional Service Center. Students awaiting a change of status
may not begin studies until the change of status is approved by the USCIS.
B. Visa
Application Procedures and Consular Interview
Once a student has been
issued the SEVIS Form I-20, he/she may apply for the visa at the U.S. Consulate
having jurisdiction over his/her residence. In most countries, first time
student visa applicants are required to appear for an in-person interview.
Consulates set their own interview policies and procedures regarding student visas.
Be sure to check the consulate’s website for their specific instructions.
Applicants
will be required to provide:
- Non-immigrant visa application
- Original SEVIS Form I-20
- Passport valid for at least six months after the
proposed date of entry to the U.S.
- One 2x2 photograph
In
addition, applicants should be prepared to provide:
- Transcripts and diplomas from previous institutions attended;
- Scores from standardized tests required by the educational
institution such as the TOEFL, SAT, GRE, GMAT, etc.; and
- Financial evidence showing sufficient funds to cover tuition and
education costs and living expenses during the period of intended study.
Students can provide support for themselves, or their parents or a sponsor
can provide the support. Be prepared to submit tax returns, bank
statements, and/or evidence of sponsor’s employment. Applicants are
encouraged to provide an I-134 Affidavit of Support if he/she is being
sponsored by a citizen or lawful permanent resident of the U.S.
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.
What Items Do Returning Students Need?
All applicants applying for renewals must submit:
- Non-immigrant visa
application;
- A passport valid for at
least six months; and
- A new Form I-20 or a
Form I-20 that has been endorsed on the back by a school official within
the past 12 months.
In addition, applicants should be prepared
to provide:
- A certified copy of your
grades from the school in which you are enrolled; and
- Financial evidence showing sufficient funds to cover tuition and
education costs and living expenses during the period of intended study.
Students Away from Classes More Than Five
Months
Students in or outside the U.S.,
who have been away from classes for more than five months, will likely need a
new visa to enter the U.S.
C. Entering
the U.S. - Port of Entry
Please be aware that issuance of a visa does not guarantee entry into the
United States. The U.S. Customs and Border Protection (CBP) has authority to
deny admission at the port of entry to any applicant who is inadmissible under
INA, even if the applicant has a visa. Also, the CBP, not the consular officer, determines the period
for which the bearer of a temporary work visa is authorized to remain in the
United States. Student visitors must have their Form I-20 in their possession
each time they enter the United States. At the port of entry, CBP officials
issue Form I-94, Record of Arrival-Departure, which notes the length of stay
permitted. Upon arrival (at an international airport, seaport or land border
crossing), students will be enrolled in the US-VISIT entry-exit
program. In addition, some travelers will also need to register their entry
into and their departure from the U.S. with the Special Registration program.
D. Length
of Stay for Student Visa Holders
Students entering the U.S. in F-1 student status are
admitted for the duration of student status (annotated on I-94
as “D/S”). That means he/she may stay as long as he/she is a full time student,
even if the F-1 visa in the passport expires while in the U.S. An example of
duration of status is:
A student has a visa that is valid for five years that
will expire on January 1, 2012. He is admitted into the U.S. for the duration
of studies and may stay in the U.S. as long as he is a full time student --- even
if January 1, 2012 passes and his visa expires while in the U.S. he will still
considered to be in legal student status. However, if he departs the U.S. with
an expired visa, he will need to obtain a new visa before being able to return
to the U.S. and resume his studies.
Students entering the U.S. M-1 student status are admitted
for the time necessary to complete the course plus 30 days, or for one year ---
whichever is less. M-1 students whose I-94
records are notated “D/S” and fail to maintain his/her non-immigrant status may
be subject to the 3/10 year bar because the SEVIS form is issued with a
specific “end date”.
Students who have completed the course of studies shown on
the Form I-20, and any authorized practical training, are allowed the following
additional time in the U.S. before departure:
- F-1 student - An additional
60 days, to prepare for departure from the U.S. or to transfer to another
school.
- M-1 student - An additional
30 days to depart the U.S. (fixed time period, in total not to exceed one
year). The 30 days to prepare for departure is permitted as long as the
student maintained a full course of study and maintained status. An M-1
student may receive extensions up to three years for the total program.
V. How
to Extend Student Status While in the U.S.
A. F-1
Students
An F-1 student is eligible for program extension if he or she has continually
maintained status, is making normal progress toward completing the educational
objective and delay in completion is "caused by compelling academic or
medical reasons, such as changes of major or research topic, unexpected
research problems, or documented illnesses." Delays caused by academic
probation or suspension are not acceptable reasons for program extensions.
F-1 students are not required to apply for extension of status with the
USCIS and do not need a formal extension of stay. An F-1 student seeking an
extension of status must submit completed Forms I-20A-B and I-538 to his/her DSO
within a 30-day period before the expected completion date noted on the initial
Form I-20A-B. The DSO will verify eligibility criteria and update the student’s
record in the SEVIS database.
Students who fail to apply for an extension before the end-date on his/her
program will be considered out of status and must apply for reinstatement to
resume studies. Students who are unable to complete the program within the
specified period of time and are not eligible for an extension are also
considered out of status and must apply for reinstatement to resume studies.
B. M-1
Students
M-1 Students can cumulatively obtain extension up to 3 years (+30 days) from
the original start date to complete the program. However, unlike F-1, M-1
students must file a request for an extension of stay with the USCIS because
they are admitted until a specified period of time on their SEVIS Form I-20. In
order to maintain their lawful nonimmigrant status, the USCIS must approve the
request and issue a new I-94 Arrival/Departure Record.
To apply for an extension of M-1 status, students file Form I-539,
Application to Change/Extend Nonimmigrant Status, with filing
fees, Form I-201D, Form I-20M-N (if applicable), and the Form I-94 of
dependents (if any) to appropriate USCIS Regional Service Center having
jurisdiction over the student's current school not less than 15 days or more
than 60 days before the student's authorized stay expires. The student should
not send his Form I-94 or passport to USCIS. While the application for
extension of stay is pending, the M-1 student is considered to be legally in
the United States as long as the student has met and continues to meet all the
requirements for maintaining his or her status.
VI. Permission
for Foreign Students to Work
There are only certain types of employment legally available to F-1 or M-1
students in the U.S. M-1 students may not work, except for practical training,
for which approval from USCIS is required. F-1 students, on the other hand, may
accept practical training employment or off-campus part-time employment after
having been in status for nine months. F-1 students must apply for USCIS
approval for off-campus employment and practical training after graduation. (Note:
F-1 students may accept on-campus or curricular practical training when
authorized by the designated school official.)
The rules concerning employment for students are strict because F-1 or M-1
visas are not initially approved without proof that the potential students have
means of supporting themselves and their education without needing to work. The
law bars any F-1 student from any type of off-campus employment during their
first 9 months (or first academic year) as a foreign student in the U.S.
Both the F-1 and the M-1 students must use recommendations by the designated
school official on Form I-201D, along with Form I-765, Application for
Employment Authorization, to apply for employment authorization from the USCIS.
Form I-765 is filed with the appropriate USCIS Regional Service Center along
with the filing fee.
Students are barred from accepting any off-campus or practical training
employment unless and until he/she receives authorization by the designated
school official on Form I-201D or a Form I-688B from USCIS. Students found
working without permission, are subject to deportation.
VII. Spouses
and dependents
Spouses and unmarried children under the age of 21 are allowed to join F-1
and M-1 visa holders in the U.S., under F-2 and M-2 status. F-2 and M-2 visa
holders may not attend school without changing status to F-1 or M-1 status,
except for children, who may attend kindergarten through 12th grade.
F-2 and M-2 visas holders may not work in the U.S.
When applying for an F-2 or M-2 visa, dependents must
provide proof of his/her relationship to the F-1 or M-1 Student (e.g., marriage
and birth certificates.). It is preferred that families apply for their visas
at the same time, but if the spouse and children must apply separately at a
later time, they should bring a copy of the F-1 or M-1 student visa holder’s
passport, visa, Form I-20 and all other required documents at the time of their
interview.
VIII. M-1
Visas: Important Differences from F-1
- Can only attend school with extension for a maximum of
3 years
- Can only transfer schools within the first 6 months
unless reason for transfer are due to circumstances beyond the student’s
control
- Cannot change educational objectives
- Cannot take online courses
- Reduced course load will only be allowed for medical
reasons and only for a maximum aggregate period of five months
- Cannot accept employment --- except practical training
- Cannot change to H status if basis of H was training or
education received as M-1 student
IX. Special
Rules and Restrictions Regarding Student Visas
Commuter students from Canada and Mexico may
attend school part time or full time in the U.S. as F-3 or M-3 visa holders as
long as they are not residing in the U.S. As border commuter students, they
will be given a specific date on their I-94, rather than D/S (duration of
status). Border commuter students are subject to SEVIS, but may not obtain F-2
status for their dependents.
Students visiting the U.S. primarily for tourism, but who
wish to enroll in a short course of study of less than 18 hours per week, may
be able to do so with a visitor visa. Consult with the appropriate U.S.
Consulate to find out if this option is available.
Public School
There are restrictions on attending public school in the U.S. Persons
who violate these restrictions may not receive another visa for a period of
five years. The restrictions apply only to students holding F-1 visas. They do
not apply to students attending public school on derivative visas, such as F-2,
J-2, L-2 or H-4 visas. The restrictions also do not apply to students attending
private schools on F-1 visas. The restrictions are:
- F-1 visas are no longer
issued to attend public elementary or middle schools (Kindergarten - 8th
grade) or publicly-funded adult education programs.
- Students who attend public high
schools are limited to twelve months of study.
Before an F-1 visa for a public school can be issued, the
student must show that the school board has been reimbursed for the full,
unsubsidized per capita cost of the education as calculated by the school.
Reimbursement may be indicated on the I-20. Consular officers may request
copies of canceled checks and/or receipts confirming the payment as needed.
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