F1 Visa

The F-1 student visa is a nonimmigrant visa category which allows foreign nationals to enter into the U.S. to attend a full course of study at colleges, universities, conservatories, academic high schools (subject to strict regulations) and institutions with language training programs.

To qualify for F-1 visa, you must:

1. Be coming to the U.S. to attend a full course of study at a school approved by a SEVP approved school
2. Prove that you have sufficient funds to complete your education
3. Show that you have strong ties to your home country or country of residence
4. Be able to show that you intend to return to your home country or country of residence after completing your studies
5. If required by your chosen educational institution, be proficient in English, unless you are coming to the U.S. to participate in an English language training program.

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On an F-1 visa, you may:

1. Study full-time at college/university, language program, or at a private school at the elementary and secondary school level

2. Transfer from one school to another or switch academic programs

3. Legally work in the U.S.:

4. Travel in and out of the U.S. or remain in the U.S. until the completion of your studies

5. Bring your dependents on F-2 visa

6. Remain in the U.S. in valid F-1 status as long as you are enrolled in an SEVP-approved academic program (you maintain a valid I-20) and/or have a valid OPT.

Limitations of the F-1 visa include:

1. Not being able to work off-campus without prior authorization from the educational institution and/or USCIS
2. Can only attend the specific educational institution for which your visa has been approved
3. Dependents in F-2 status cannot work in the U.S. and can only attend college or university on a part-time basis
4. The F-1 visa does not support dual intent, meaning you must maintain a residence in your home country to which you intend on returning.

When you enter the U.S. on the F-1 visa, you are admitted for “duration of stay”. Your stay in the U.S. is dictated by the length of the academic program as shown on the Form I-20. The U.S. government takes a generous position towards students who are enrolled in full time courses in U.S. universities. You are permitted to stay until you finish your studies.

Unlike other types of nonimmigrant visas, an extension of F-1 status, if you’re eligible, is done through the extension of the I-20. A Form I-539 is not required.

Yes, you may apply for change of status while on F-1 visa. The most preferred change is F-1 to H-1B. You may avail of other options like TN, H-1B1, O-1, etc.

The Student Exchange Visitor Program (SEVP) is the division within the Dept. of Homeland Security that manages the certified schools and their enrolled international students in F-1 (and M-1) status.

SEVP certifies the educational institutions that can admit international students under the F-1 and M-1 student visa programs. Once a school is certified, they must appoint a Designated School Official (often referred to as the DSO, International Student Advisor, etc)

When an international student is admitted into an SEVP certified educational institution, the DSO produces the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. The Form I-20 contains the international student’s identifying information (name, country of birth, and date of birth), the program of study and the intended source of the funds for the educational program. The I-20 also has the “SEVIS” number (the unique number issued by the SEVP). If the student receives CPT or OPT authorization to work, this is also recorded on the Form I-20.

For an student in F-1 status, the Form I-20 is one of the most important documents that they need to maintain. An F-1 student’s status in the U.S. is dictated by the Form I-20.

No, there are no travel restrictions on F-1 visa. You may use the vacation between two semesters or other holidays to visit your home or enjoy your vacation. While re-entering the U.S. you must have the following documents:

1. A valid Form I-20 signed by the DSO
2. valid passport
3. A valid visa (unless you go to Canada, Mexico, or the Caribbean islands and return within 30 days; or unless you are a Canadian citizen)M/li>

Working in the U.S. while in F-1 status is highly restricted and regulated. There are different ways an F-1 student may work in the U.S.:

• On campus employment: F-1 students may work up to 20 hours per week on campus only (full-time during school breaks). You must have authorization from the DSO but no prior authorization from USCIS is required.
• Off Campus employment (before graduation): In order to work off-campus, you must have authorization from the DSO and you may also need USCIS authorization:
  1. Employment with Affiliated entity: F-1 students can work at an off-campus location that is educationally affiliated with their educational institution for up to 20 hours per week (full-time during school breaks). You must have authorization from the DSO but no prior authorization from USCIS is required.
  2. Emergency Circumstances or Severe Economic Hardship: F-1 students can apply to work off-campus due to economic hardship or in emergent circumstances which causes severe economic harm. Once the DSO authorizes the off-campus employment, the F-1 student must obtain an Employment Authorization Document (EAD) before you can start working.
  3. Curricular Practical Training: CPT is practical training or work experience that is deemed “integral” to an F-1 student’s major or coursework. Generally, the work experience must be required by the course or major or the student will receive academic credit for the work. The DSO must approve CPT. Once authorized by the DSO, no other authorization is required from USCIS.
  4. Optional Practical Training: OPT is practical training related to the student’s field of study. F-1 student are eligible for up 12 months of pre- and/or post-completion OPT. F-1 students are not eligible for OPT until they have completed 1 full academic year of study (in any nonimmigrant status). Once the DSO authorizes OPT, the F-1 student must obtain an Employment Authorization Document (EAD) before you can start working.

An emergent circumstance is something that affects a certain group of students which may cause them to suffer severe economic hardship. This can be a natural disaster, war and/or military conflicts, and national/international financial crises.

Examples of unforeseen or unexpected circumstances include:

1. If the university reduces or eliminates your financial aid through no fault of yours; for example, if budgets change, or a professor leaves and takes the research grant that paid you. This category could include the elimination of your on-campus job. It does not include the lose of your on-campus employment through poor performance
2. If the university drastically raises its costs or if living expenses suddenly increase. The regulations do not define the size of the increase, but the bigger the increase, the better your claim
3. In case there are unexpected and necessary expenses. The regulations discuss ‘other substantial or unexpected expenses’ without defining them. These would need to be necessary expenses, such as medical bills or some type of emergency
4. When there is an unexpected change in your financial source, which could be family, home government, or sponsor. Your parent could lose his job, your government could devalue its currency, or a sponsor could decline further support.

You must show that you:

1. Have been in F-1 status for one academic year
2. Be in good academic standing and be registered as a full-time student
3. Be able to handle effectively your employment and schedule as a full-time student
4. Have made a serious attempt to find on-campus work
5. Be able to demonstrate that your changed circumstances are unexpected, beyond your control, and are causing financial hardship.

No, you may not work until you receive the EAD card. This authorization can be renewed by USCIS by going through the same process. You also cannot work while an EAD renewal is pending in this scenario. It is recommended that you apply for the renewal of the EAD at least 6 months to 90 days ahead.

Some of the key features of OPT include:

• OPT needs to relate to your major and/or field of study.
• Your DSO must approve your request for an OPT and provide an I-20 that has been endorsed for OPT.
• You are eligible to apply for OPT up to 90 days before and 60 days after the end of your program end date as per your I-20. You need to file the Form I-765 in order to obtain your EAD and you must include an I-20 endorsed by your DSO within the past 30 days.
• You are entitled to up 1 year OPT at each educational level. If you obtain a 2nd degree at the same educational level, e.g. you obtain a 2nd Master’s degree after completing a Master’s degree, you are not eligible for additional OPT.
• You cannot begin working until you have received your EAD.
• You are entitled to up to 90 days of unemployment during the 1-year OPT period. If you exceed 90 days of unemployment, you will be out of status and my need to leave the country or change status.

F-1 students who have completing OPT and received a qualifying degree in the Science, Technology, Engineering or Mathematics at the undergraduate or graduate level are eligible for an additional 24-month extension of OPT.

Some of the key features of the STEM OPT Extension include:

• STEM OPT needs to relate to your major and/or field of study.
• Your DSO must approve your request for STEM OPT and provide an I-20 that has been endorsed for the OPT extension.
• You are eligible to apply for OPT up to 90 days before your OPT expiration date. You need to file the Form I-765 in order to obtain your EAD along with the Form I-983, Training Plan for OPT Students.
• You are entitled to up 24 months of STEM OPT at each educational level. If you obtain a 2nd degree at the same educational level, e.g. you obtain a 2nd STEM Master’s degree after completing a STEM Master’s degree, you are not eligible for additional OPT or STEM OPT.
• Your employer must be enrolled in E-Verify.
• You can continue working for up to 180 days after your OPT expires while the STEM OPT Extension is pending.
• You are entitled to up to 150 days of unemployment during the entire OPT and STEM OPT period. If you exceed 150 days of unemployment, you will be out of status and my need to leave the country or change status.

To apply for an F-1 visa, the documents required are:

• Form I-20, certificate of Eligibility for Nonimmigrant Student Status, obtained from the educational institution (each dependent spouse and child under 21 must also obtain a Dependent I-20)
• Transcripts and diplomas from previous institutions attended, if applicable
• Financial evidence showing you have sufficient funds to cover your tuition and/or living expenses. If you are funding your education out of personal funds, original bank statements and other evidence are the clearest evidence of adequate funds
• Completed nonimmigrant visa application Form DS-160 with photo (37x37mm and taken within the last six months) for each person applying
• Signed passport valid for at least six months after your proposed date of entry into the U.S.
• Evidence of strong ties in your home country, which you do not intend to abandon

Note: The Form I-20 does not guarantee receipt of an F-1 visa. local Consular official makes the final decision on the issuance of a student visa.

You may submit your F-1 visa application to:

• A U.S. Consulate or Embassy in your country of residence or home country
• US Citizenship & Immigration Services if you are in the U.S. in valid nonimmigrant status and wish to file for change of status.

The processing time for a F-1 visa will depend on consular wait times which will vary depending on the U.S. consulate. F-1 and J-1 visas are generally prioritized for visa processing so as to ensure students and exchange visitors reach the U.S. in time for the beginning of the program of study or exchange visa program.

Yes, you may bring your spouse or unmarried children under the age 21 on an F-2 dependent visa.

No, your dependents may not work in F-2 status. They have to apply for the appropriate work visa.

Yes, your dependents may study on F-2 visa. They do not have to apply for separate study visa. F-2 dependents cannot attend an SEVP Certified school on a full-time basis, but only on a part-time basis. If they wish to attend an SEVP certified school full-time, they must obtain their own F-1 visa or change to F-1 status.

The F-1 visa regulations require you to ‘maintain status.’ You may “fall out of status” if you:

1. Fail to maintain full-time enrollment (with a few approved exceptions)
2. Work illegally, either off-campus without authorization or on-campus more than 20 hours per week during the school year or more than 40 hours per week when school is not in session
3. Fail to request a program extension and continue to study past the degree completion date listed in your Form I-20.
4. Transfer schools without following the appropriate procedure, which includes getting a new Form I-20 from the Designated School Official at the new school
5. Do not attend the school that the USCIS authorized you to attend

If you fail to maintain valid F-1 status but wish to resume valid F-1 status, you have 2 options:

1. Leave the U.S. and return with a valid F-1 visa. You will need to obtain a new Form I-20 from the educational institution and a new F-1 visa.
2. Apply for F-1 Reinstatement. In order to apply for F-1 Reinstatement, the student must obtain a new Form I-20 and file the Form I-539 with USCIS within 5 months of falling out of status (unless the student can show that there were exceptional circumstances that prevented the timely filing).

To apply for F-1 Reinstatement, you must:

1. File the Form I-539 with USCIS after obtaining a new Form I-20 from the intending educational institution

2. File within 5 months of falling out of status unless you can show that there were exceptional circumstances preventing filing on time and that you filed as soon as you were able.

3. Not have any other willful violations of status, including working without authorization.

4. Intend to pursue a full course of study.

5. Not be deportable from the U.S. for any other reason than falling out of F-1 status.

6. Show that:

Note: If you are denied reinstatement, you have 30 days in which to leave the U.S. If you receive a denial, contact us to see if you may change status to other nonimmigrant category.

For transferring to another school, you must:

1. Be a full-time student, and you intend to be a full-time student at the new school
2. Should prove that you have the financial resources required for your education
3. Not change your educational objective
4. Obtain a “transfer” Form I-20 from the new school.

Generally, you cannot get an F-1 visa to attend a public school in the U.S.

However, you may be able to attend a public school at the high school level with an F-1 visa for no more than 12 months. However, you must pay the full, unsubsidized cost of 1 year of education in that school district before the visa can be issued.

No, the law does not allow a foreign student in F-1 status to attend public high school without paying tuition. The student must pay the full, unsubsidized per capita (for each student) cost of education in all cases.

Foreign students attending private schools, or in privately funded adult education or language programs, are not subject to the same requirements. You can get an F-1 visa to attend SEVP certified private elementary and high schools in the U.S.

However, if a private school student wishes to transfer to a public school or a publicly funded adult education or language program, he or she will have to comply with the above requirements in order to maintain F-1 status.

Yes, nothing in the law precludes an organization or individual from reimbursing the school authority on the student’s behalf, as long as payment does not come from public funds. In addition, previous requirements that a foreign student has sufficient funds to cover education and living expenses while in the U.S. have not changed.

No, unified school districts may utilize the K-12 per student cost, rather than computing a separate per student cost for secondary students. Alternatively, the LEA may choose to compute cost on a school-by-school basis.

Your F-1 visa does not determine how long you may stay in the U.S. You need not be concerned about the expiration of your F-1 unless you decide to leave the U.S. for a short visit abroad prior to completing your studies. Before you re-enter the U.S., you will need to make sure you have a valid US student visa. The F-1 visa itself (unlike your F-1 status) is only important at the port of entry to the U.S.

You must renew your F-1 visa if you decide to travel outside the U.S. and your current F-1 visa will expire before you re-enter the U.S. to continue your program. If this is the case, you will need to apply for another F-1 visa at a U.S. Embassy or Consulate. Students traveling to Mexico, Canada and islands adjacent to the U.S. (except Cuba) for less than 30 days are not required to have a current F-1 visa in their passport in order to re-enter as their visa gets automatically revalidated at the border.

While there is no set documentation to indicate your intent to return to your home country, your application for an F-1 visa will more likely be approved if you maintain closer ties to your home country than to the U.S. which can be shown in the following ways:

1. Your immediate family members reside in your home country
2. You own property and or maintain a bank account in your home country
3. The likelihood of employment at home in your field of study after you complete your degree is good (Provide evidence of job searches or interviews you have done)
4. You have made frequent visits home (every year or 18 months)
5. You have maintained membership in cultural organizations at home while you have studied in the U.S.
6. You have maintained important social ties in your home country

Yes, you may apply for a F-1 visa in a ‘third country’ other than your home country, however, the likelihood of a denial is much higher when applying in a third country as the consular officer may find it difficult to judge your ties to your home country.

Some of the many reasons your F-1 visa application may be denied are:

1. You “forum shop”, which means you choose to apply in a third country solely to increase your chances of approval or after a denial in your home country
2. You are returning home after a long stay in the U.S. (Three or more years)
3. There is a serious political or economic crisis in your home country
4. You are engaged in practical training after the completion of your academic program
5. You are waiting for the results of an application for permanent residency (immigrant status) or you are married to a U.S. citizen or permanent resident

If your visa application is denied, before you leave the U.S. Embassy or Consulate, obtain an explanation of the specific reason you are denied the visa and ask about re-application procedures. The International Student and Scholar Office at the school you attend or plan to attend may be able to help you, if you can provide this information.