F-1 Visa and Status

F-1 non-immigrants, as defined in the immigration laws, are foreign students pursuing a full course of study in approved colleges, universities, seminaries, conservatories, academia high schools, private elementary schools, other academic institutions, and in language training programs in the United States.

An F-1 visa is a non-immigrant visa issued by a United States Consulate abroad to an alien who is coming to the United States to pursue full-time studies in a US academic institution. Generally, the US consular officer has the total discretion to grant the visa or not.

An F-1status is a nonimmigrant status issued by the USCIS (formerly INS) to the alien student who is pursuing studies in the US. To obtain the F-1 status, an alien who is outside the US needs to apply for an F-1 visa first at a local US Consulate abroad. On the day that s/he is admitted into the US on an approved F-1 visa, s/he becomes an F-1 status holder. For those who are already in the United States in an another nonimmigrant status, such as B-1/B-2, H-1..., they may apply to change to F-1 status in the US or outside the U.S. through Third Country 

F-1 Visa and Status

F-1 non-immigrants, as defined in the immigration laws, are foreign students pursuing a full course of study in approved colleges, universities, seminaries, conservatories, academia high schools, private elementary schools, other academic institutions, and in language training programs in the United States.

An F-1 visa is a non-immigrant visa issued by a United States Consulate abroad to an alien who is coming to the United States to pursue full-time studies in a US academic institution. Generally, the US consular officer has the total discretion to grant the visa or not.

An F-1status is a nonimmigrant status issued by the USCIS (formerly INS) to the alien student who is pursuing studies in the US. To obtain the F-1 status, an alien who is outside the US needs to apply for an F-1 visa first at a local US Consulate abroad. On the day that s/he is admitted into the US on an approved F-1 visa, s/he becomes an F-1 status holder. For those who are already in the United States in an another nonimmigrant status, such as B-1/B-2, H-1..., they may apply to change to F-1 status in the US or outside the U.S. through Third Country Visa processing.

Application for an F-1 Visa

An alien who is going to pursue full-time academic studies in a college, university, seminary, conservatory, academic high school, private elementary schools, other academic institution, or language-training program in the U.S. can apply for an F-1 visa with a U.S. consulate abroad.

In accordance with "Retention and Reporting of Information for F, J and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)", effective on January 1, 2003, an alien student may take the following steps to obtain an F-1 Visa:

1.   Admission to an approved school: An alien first must apply to study at an approved school in the United States. When an alien contacts a school that he is interested in attending, usually, he will be told immediately if the school accepts foreign national students. In order to apply for an F-1 visa, the alien must be admitted by an approved school. If the alien is admitted, the school will issue him a SEVIS Form I-20.

2.   The next thing for the alien to do is to take the SEVIS Form I-20 to the appropriate U.S. Embassy or Consulate with jurisdiction over his place of permanent residence to apply for a student visa (F-1 visa). The alien student must satisfy two criteria: (a) He must prove that he has no immigration intent and his travel to the U.S. is purely for studies; and (b) he must also prove to the visa officer that he has the financial resources required for his education and stay in the United States. Proof of English proficiency may also be required.

The documents and information needed to apply for an F-1 visa are:

1) An application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. A separate form is needed for children, even if they are included in a parent's passport. Blank forms are available without charge at all U.S. consular offices and on the Visa Services website under Visa Application Forms.

2) A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;

3) One photograph following these requirements.

4) A SEVIS Form I-20;

5) Evidence of sufficient funds;

6) A nonrefundable US$100 application fee; and

7) Documentation showing financial resources.

Gaining F-1 status after obtaining an F-1 visa

F-1 status is a nonimmigrant status issued by the USCIS (formerly known as the INS) to the alien student who is pursuing studies in the U.S. An alien student may obtain a valid F-1 status by applying for admission into the U.S. with a valid F-1 visa at the port of entry.

When an alien student holding an F-1 visa arrives at the U.S. border, he or she shall present the F-1 visa, as well as a SEVIS Form I-20 to an immigration officer. The student shall also present documentary evidence of financial support in the amount indicated on the SEVIS Form I-20.

If the immigration officer at the border admits the alien student, the alien student will receive a Form I-94 (Arrival-Departure Record) that will include his admission number and evidence his lawful status in the United States. The immigration inspector will take the SEVIS Form I-20 from the student. The SEVIS Form I-20 will be returned to the school within approximately 10 days of the student's arrival. The school will be responsible for returning the SEVIS Form I-20 to the student. If the student has failed to register, the school will notify the USCIS. In the case of a non-SEVIS Form I-20, the student's copy and the school's copy will be appropriately annotated with the admission information. The student's copy will be returned to the student at the port-of-entry and the school copy will be forwarded to the Service's data processing center to be forwarded to the school listed on the Form I-20. The alien student should also keep safe his I-94 because it proves that he legally entered the United States.

Changing to F-1 status while in the U.S.

When the alien is already in the U.S. in another non-immigrant status, he may change his nonimmigrant status to F-1 status, if he is going to pursue full-time academic studies in a college, university, seminary, conservatory, private academic high school, other academic institution, or language-training program. It is advised that the alien shall not apply for change of status within three months after his entry into the U.S.

The alien first must apply to study at an approved school in the United States. If he is admitted, the school will issue him a SEVIS Form I-20. The alien student must submit the form and a Form I-539 (Application to Extend/Change Nonimmigrant Status) to the USCIS (formerly known as the INS). The alien student must also prove that he has the financial resources required for his education and stay in the United States. Proof of English proficiency may also be required. If the USCIS approves the application, a new I-94 will be issued to the alien.

Eligibility for Change into F-1 Status in the U.S.

When the alien is already in the U.S., he can change his nonimmigrant status into F-1 status if he is going to pursue full-time academic studies in a college, university, seminar, conservatory, private academic high school, other academic institution, or language-training program.

However, not every alien is eligible to change his status to F-1 in the United States.

Maintaining valid F-1 status

A full course of study in an Academic Program

An F-1 student must be enrolled in a full course of study, not part-time study. Also, to maintain a valid status, the F-1 holder must be enrolled in an academic, as opposed to a vocational program of study. Enrollment in academic high schools, universities, colleges, conservatories, seminaries, or language training programs will qualify as enrollment in an academic program.

An "academic program" student can be pursuing a bachelor, master, doctor, or other graduate-level degree, or private high schools, or other non-degree studies, or can simply be engaged in post-doctoral studies.

An F-1 student at an academic institution is considered to be in status during the annual (or summer) vacation if the student is eligible and intends to register for the next term.

On-line and Distance Education Courses   

The SEVIS rules restricts an F-1 student in the United States from being able to take no more than one course or three credits of distance education or on-line courses counted toward the full course of study. However, an F-1 student currently pursuing a full course of study may add as many distance education or on-line courses as he or she wishes in addition to the courses counting toward the full course of study. 

The SEVIS rules do not prohibit international students from completing programs that are offered on-line, regardless of which school offers that on-line courses, even if the on-line courses are offered by a school which is not the one that issued the I-20 for the said student.

International students can enroll in the on-line course even without being admitted to the United States.

Reduction in a Student's Courses Load 

With the implementation of SEVIS, the USCIS expects to have accurate, real time, information on all students. A student who drops below a full course of study without the prior approval of the Designated School Official (DSO) will be considered out of status. It is the responsibility of the student to maintain a full course of study in order to remain in compliance with his or her nonimmigrant status. Accordingly, the student should consult with, and receive the necessary permission from the DSO prior to performing an act that affects status.

During the course of study within one program level, an F-1 student can only be authorized on one occasion to reduce his or her course load due to academic difficulties, and must resume a full course at the start of the next available term or session, excluding a summer session. An F-1 student taking a reduced course load for academic reasons must still be taking at least one class or half the clock hours required for a full course of study.

International students are allowed to take the reduced course load if they are under the full time Curricular Practical Training or under the graduate assistantships or undergraduate assistantships assignments, after the prior approval of the DSO.

Illness or Medical Condition

In the case of an illness or medical condition, an F-1 student may be authorized to reduce his/her course load for a period not to exceed 12 months in aggregate. The DSO may also authorize a student to refrain from taking any courses due to a medical condition or illness if the severity of the condition warrants such authorization. Although a student may be authorized for up to 12 total months of a reduced course load in this case, a school official must re-authorize the reduction each term or session, and must update this authorization in SEVIS.

The 12-month limit on authorization to reduce course load for illness or medical condition is applied per each particular program level. If the student completes one program, and advances to a different program level, the student will be allowed a second aggregate 12-month period in which he or she may be authorized to reduce course load. An F-1 student who has already received authorization to reduce course load for academic difficulties remains eligible for the aggregate 12-month period to reduce his or her course load due to illness or medical condition.

The USCIS cannot permit an unlimited reduction in course load, if the F-1 students suffer long-term medical conditions, chronic illnesses, or learning disabilities, which may require a longer-term reduction in course load.

How Long Can An F-1 Alien Student Stay in The U.S.?

In contrast to most other non-immigrants who receive a specific period of time to remain in the U.S., a foreign national who obtains F-1 status is allowed to remain in the U.S. for the duration of status, that is the time it takes to complete the studies plus possible practical training.

Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an approved educational institution , or engaging in authorized practical training following completion of studies, except that an F-1 student who is admitted to attend a public high school is restricted to an aggregate of 12 months of study at any public high schools.

An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on Form I-20. The student is considered to be maintaining status if he or she is making normal progress toward completing a course of study. Moreover, the alien student will also be allowed to stay in the country for up to twelve additional months beyond the completion of the studies to pursue practical training.

Generally, an F-1 student who is admitted for duration of status is not required to apply for extension of stay as long as the student is maintaining status and making normal progress toward completion of his or her educational objective.

An F-1 student who is currently maintaining status and making normal progress toward completing his or her educational objective, but who is unable to complete his or her course of study by the program end date on the SEVIS Form I-20, must apply prior to the program end date for a program.

Reasons of Delay

Compelling academic or medical reasons, such as changes of major or research topics, unexpected research problems, or documented illnesses, are good reasons.

Delays caused by academic probation or suspension is not acceptable reasons for program extensions.

Time Limit to Apply for Extension

A DSO may not grant an extension if the student did not apply for an extension until after the program end date noted on the Form I-20.

An F-1 student who is unable to complete the educational program within the time listed on Form I-20 and who is ineligible for program extension is considered out of status. If eligible, the student may apply for reinstatement.

Reinstatement of F-1 Status

A foreign student who is out of F-1 status for a certain period of time may apply for reinstatement of F-1 status by submitting the following documents:

1.    Form I-539, Application to Extend/Change Nonimmigrant Status;

2.    A properly completed SEVIS Form I-20 indicating the DSO's recommendation for reinstatement

The immigration officer may consider granting the request if the student:

A.   Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);

B.  Does not have a record of repeated or willful violations of the immigration regulations;

C.  Is currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20;

D.   Has not engaged in unauthorized employment;

E.   Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Immigration and Naturalization Act; and

F.   Satisfactorily establishes that:

1)   The violation of status resulted from circumstances beyond the student's control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for
reinstatement; or

2)   The violation relates to a reduction in the student's course load that would have been within a DSO's power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.

If the USCIS reinstates the student, the Service shall endorse the student's copy of Form I-20 to indicate the student has been reinstated and return the form to the student. If the Form I-20 is from a non-SEVIS school, the school copy will be forwarded to the school. If the Form I-20 is from a SEVIS school, the adjudicating officer will update SEVIS to reflect the Service's decision. In either case, if the USCIS does not reinstate the student, the student may NOT appeal that decision.

Curricular Practical Training

Curricular practical training is defined to be alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school.

An F-1 student may be authorized by the DSO to participate in a curricular practical training program that is an integral part of an established curriculum.

Eligibility

Students who have received one year or more of full time curricular practical training are ineligible for post-completion academic training.

Exceptions to the one academic year requirement are provided for students enrolled in graduate studies that require immediate participation in curricular practical training. A request for authorization for curricular practical training must be made to the DSO. A student may begin curricular practical training only after receiving his or her Form I-20 with the DSO endorsement.

Procedure

(A) Non-SEVIS process

To grant authorization for a student to engage in curricular practical training, a DSO at a SEVIS school will update the student's record in SEVIS as being authorized for curricular practical training that is directly related to the student's major area of study. The DSO will indicate whether the training is full-time or part-time, the employer and location, and the employment start and end date. The DSO will then print a copy of the employment page of the SEVIS Form I-20 indicating that curricular practical training has been approved. The DSO must sign, date, and return the SEVIS Form I-20 to the student prior to the student's commencement of employment.

Benefits

Generally, participation in a CPT is a good chance for F-1 students to gain work experience, earn salary and find potential employers. Student can take the reduced course load while under the full-time CPT.

Optional Practical Training

Optional Practical Training (OPT) work authorization is designed to provide opportunities for employment to international students with F-1 status who wish to work in their field of study. During the period of OPT, a student will maintain F-1 visa status since it is considered to be part of the program of study.

An F-1 student may not begin optional practical training until the date indicated on his or her employment authorization document, Form I-766.

Eligibility

To be eligible to apply for F-1 optional practical training after completion of studies:

1. A student may submit an application for authorization to engage in optional practical training up to 90 days prior to being enrolled for one full academic year, provided that the period of employment will not begin until after the completion of the full academic year as indicated by the DSO; and

2. The job is directly related to the student's major area of study.

Students enrolled in English language training programs are not eligible for practical training after completion of studies.

When to Apply

A student may be granted authorization to engage in temporary employment for optional practical training:

(1) During the student's annual vacation and at other times when school is not in session, if the student is currently enrolled, and is eligible for registration and intends to register for the next term or session;

(2) While school is in session, provided that practical training does not exceed 20 hours a week while school is in session; or

(3) After completion of the course of study, or, for a student in a bachelor's, master's, or doctoral degree program, after completion of all course requirements for the degree (excluding thesis or equivalent). Continued enrollment, for the school's administrative purposes, after all requirements for the degree have been met does not preclude eligibility for optional practical training. However, optional practical training must be requested prior to the completion of all course requirements for the degree or prior to the completion of the course of study. A student must complete all practical training within a 14-month period following the completion of study.

How Long Can I Work?

A student may be authorized 12 months of optional practical training, and becomes eligible for another 12 months of optional practical training when he or she changes to a higher educational level. Authorization to engage in optional practical training employment is automatically terminated when the student transfers to another school or begins study at another educational level.

OPT Application Procedures under SEVIS

Step 1: DSO Recommendation

The DSO will update the student's record in SEVIS as having been recommended for optional practical training. A DSO who recommends a student for optional practical training is responsible for maintaining the record of the student for the duration of the time that training is authorized. The DSO will indicate in SEVIS whether the employment is to be full-time or part-time, and note in SEVIS the start and end date of employment.

Step 2: Endorsement SEVIS Form I-20

The DSO will then print the employment page of the student's SEVIS Form I-20, and sign and date the form to indicate that optional practical training has been recommended.

Step 3: Application for EAD

The student must file with the USCIS service center, having jurisdiction over his place of residence, for an Employment Authorization Document, on Form I-765, with $120 filing fee and the SEVIS Form I-20 employment page indicating that optional practical training has been recommended by the DSO.

Step 4: Decision on application for employment authorization

The USCIS shall adjudicate the Form I-765 and issue an EAD on the basis of the DSO's recommendation unless the student is found otherwise ineligible. The USCIS shall notify the applicant of the decision and, if the application is denied, of the reason or reasons for the denial.

The applicant may NOT appeal the decision.

Working As A Student (on-campus employment and assistantships)

F-1 students are permitted to work in an on-campus job for up to 20 hours per week when school is in session. During the vacation periods, student can work on campus full-time. No special work permission is required. Student employed on campus may work for school itself or any independent companies such as cafeteria food suppliers which provide services to school on campus premises. If you are given a job as part of the terms of a scholarship, fellowship or assistantship and the job duties are related to your field of study, special USCIS work permission is not required even when the actual location of the job is off-campus.

Spouse and Children of F-1 student

F-2 visas/status are issued/granted to the F-1 holder's spouse and unmarried children under twenty-one years of age.

Holders of F-2 are considered to be the dependents of F-1 holders. F-2 holders may be entitled to enter and remain in the United States for the duration of the F-1 holder's authorized duration of stay. Their duration of valid stay is the same as that of the F-1 holder.

The F-2 spouse and minor children of an F-1 student shall each be issued an individual SEVIS Form I-20.

Employment of F-2

The F-2 spouse and children of an F-1 student may not accept employment.

Study of F-2

1.      The F-2 spouse of an F-1 student may not engage in full time study, and the F-2 child may only engage in full time study if the study is in an elementary or secondary school (kindergarten through twelfth grade). The F-2 spouse and child may engage in study that is a vocational or recreational in nature.

2.      An F-2 spouse or F-2 child who engage in full time study, without compliance with the above Paragraph 1, violates his or her nonimmigrant status.