Nong, Dua & Patel LLC has compiled this document for general information purposes only. This document does not equate to legal counseling or advice and is merely for general information regarding the administration of student visas in the US. Please call us for a consultation regarding legal ramifications or strategies regarding any of the following laws or topics.

BASIC REQUIREMENTS OF THE F1 VISA

The basic criteria that an F-1 visa applicant will need to establish in order to obtain an F-1 visa are the following:

a. Evidence of strong family and home ties in the foreign country with intent to depart from the United States and return to his/her residence after completion of the educational program. 

b. Evidence that s/he possesses the skill level, ability or credentials to qualify her/him for the intended course of study in the U.S.

c. Evidence that the school selected and which has offered admission for the full course of study is approved by the Attorney General.

d. Should not apply for a public elementary school or a publicly funded adult education program. The candidate may attend a public secondary school in limited circumstances as long as the funds for the program come from outside sources and the duration of attendance is less than 1 year.

e. Should be proficient in English or is receiving training to become proficient unless the school can explain why English language is not important.

f. Evidence of sufficient funding or that other financial arrangements have been made to attend school and live in the U.S. during the course of the program. 

Consular officers in reviewing financial self-sufficiency of a candidate would like the applicant to demonstrate that the candidate will be able to study in the United States and not have to resort to working illegally to support him/herself.

Some methods that may be used to provide proof of financial stability include the following: 

a. Financial aid from the school in the form of a scholarship, fellowship, assistantship, grant or loan. If the candidate chooses to use this route s/he would require a confirmation that similar financial aid will be available as long as the program is pursued;

b. Financial aid from the student's home government;

c. Financial aid from private organizations or institutions;

d. Applicant's personal resources;

e. Funds from close family members. In some countries restrictions exist on the export of currency. The candidate must check to see whether any such restrictions exist, because consular or immigration officers may be aware of them.

An F-1 visa may be issued by the Consulate within 60 days of a school term. When entering the United States the candidate will receive an arrival / departure card (I-94) indicating F or student status and will be marked that it is valid with the notation of "D/S." "D/S" stands for "duration of status" and permits the student to remain in the United States until the completion of the educational program. This can include completing an academic program and moving on to a higher academic program such as a Bachelors degree to a Masters degree, as long as the transfer is documented properly with the Immigration and Naturalization Service.

EMPLOYMENT WHILE MAINTAINING ACADEMIC STUDENT STATUS :

On-Campus Employment

During the student's first academic year, the only employment that may be accepted is on-campus employment. At most schools, on-campus employment opportunities are rather limited. Prospective students should check with the school for specifics. It may be that most of the on-campus jobs are reserved for those U.S. students who are participating in certain types of financial aid programs, so there may not be anything available for foreign or other students.

Policies vary from school to school.

Off-Campus Employment in General

Off-campus employment requires a full time student to have completed at least one academic year of study before being eligible to apply. A student who is on an Academic Student Visa (F-1) may obtain permission to work in four circumstances:

• Curricular Practical Training,
• Optional Practical Training, 
• Unforeseen Economic Hardship, and 
• Internship with an International Organization.

Students wishing to obtain either curricular or optional practical training must obtain employment that is related to the student's course of study, and the position must be explicitly for the purpose of practical training. This training cannot include English language training.

As indicated above, there are two types of practical training:

(i) Curricular Practical Training; and 

(ii) Optional Practical Training.

Curricular Practical Training

Curricular practical training (CPT) refers to programs that are a fundamental or an integral part of the existing curriculum. The training must be alternate work-study (alternating between classes and working); an internship; cooperative education; or any other type of required internship or practicum that is offered by a sponsoring employer through an agreement with the school. 

Students enrolled in a college, university, conservatory, or seminary are eligible to apply to the Designated School Official (DSO), often referred to as the International Student Advisor, for authorization to participate in a curricular practical training program. In order to qualify for CPT the proposed curricular practical training must be listed in the school's course catalogue with the number of credits awarded on completion, along with information about faculty supervision and a description of the course featuring a clear definition of the course objectives. CPT can last as long as required or justified by the program. Students who have completed more than one year of full-time CPT, however, are ineligible to participate in post-completion optional practical training. 

Please note that for graduate students, some CPT programs may be authorized even during the first academic year. The DSO would be able to tell you what types of programs are available.

Optional Practical Training

Optional Practical Training (OPT) refers to practical training in two time periods: before the completion of the student's course of study, and after completion of degree requirements or the course of study. Such temporary employment may be authorized in the following situations: 

- When the school is not in session if the student is currently enrolled and intends to register for the next term or session.

- While school is in session, provided that practical training does not exceed 20 hours a week.

- After completion of all requirements for the degree (excluding thesis, if applicable).

- After completion of the course of study. 

OPT is available for a total of 12 months of full-time employment. Any period or increment of OPT will count toward the total 12 months. (Please note: This does not include the 2008 Updated Regulation permitting extension of OPT status for STEM students for an additional 17 months based on specified condition having been satisfied).

Miscellaneous Points on OPT

- All practical training must be completed within 14 months after the completion of study. 

- OPT is available only in an occupation that is directly related to the student's major area of study. 

- Students in English language, elementary, or secondary programs are ineligible for OPT. 

- Transfer to another school automatically terminates authorization of practical training employment. 

- Even with approval from the DSO, a student must obtain separate work authorization from the INS.

- Post-completion OPT is for full-time employment only and must be applied for between 90 days before completion to 30 days after completion of the course requirements.

Severe Economic Hardship

After the first academic year, if a student can demonstrate that a "severe economic hardship" was caused by unforeseen circumstances beyond her/his control, it may be possible to obtain work authorization. To qualify for off-campus work, the student must pursue a full course of study (12 credit hours) and be in good standing with the college or university. During the semester s/he is permitted to work up to 20 hours per week. During the summer and holidays the student may pursue full-time, temporary employment. 

Severe economic hardship is decided on a case-by -case basis. The more documentation that can be provided the better. An example of severe economic hardship is if the financial support program that is sponsoring the student becomes defunct or the family member that has provided the financial backing is no longer able to provide the support offered. 

Internship with International Organization

A student may also accept a paid internship from a qualified international organization. The organization must state in writing that the student's employment is within the scope of the organization's sponsorship. The application must be made in person, directly to the local INS office.

FAMILY OF F-1 STUDENT VISA HOLDERS

The immediate family of an F-1 holder may accompany or "follow to join" the student on dependent F-2 status, if the student is or will be enrolled in a full course of study or participating in an approved practical training program within 60 days. If the student is a minor, his/her parents may attempt to enter on a B-2 visitors visa and seek and obtain extensions as long as they can demonstrate their intent to return, i.e. not remain permanently in the U.S. Practically speaking, it may be difficult to obtain the B-2 visa for this purpose.

MAINTENANCE OF STATUS

In order to maintain academic student visa status a student must pursue a full course of study, not work without authorization, not transfer to a new school without authorization, and complete the full course of study in the time allotted for a particular program. The inverse of any of these criteria would cause a student to be out of status and subject to removal proceedings. Thus a student who:

• Is not pursuing a full course of study; or
• Works without authorization; or 
• Transfers to a new school without prior authorization,

could be placed in removal proceedings.

Exceptions:
Students who fall into the following categories are considered to be maintaining their status.

a. A student who remained in the United States during the annual / summer vacation as long as s/he is eligible to register for the next semester and has the intention of doing so.

b. A student taking less than a full course of study on the advice of the Designated School Official (DSO) for a valid academic reason.

c. A student who falls ill and must drop courses or suspend full academic studies until s/he has recovered.

d. A student with a disability that prevents her/him from pursuing a full course of study.

e. A student who is having difficulty adjusting in the United States due to language or cultural barriers or has difficulty adjusting to the style of education in the United States.

The key in many of these exceptions is prompt documentation and disclosure of the student's situation to the DSO and the INS, so that arrangements can be made to maintain the student's status BEFORE s/he falls out of status.

REINSTATEMENT

A student who is out of status can be reinstated if the basis for the lapse in status was (a) beyond the student's control or if not reinstating the student would result in an extreme hardship; (b) s/he is pursuing or intends to pursue a full course of study; (c) s/he has not worked without authorization; and (d) is not otherwise deportable.

If the INS reinstates the student, the INS will endorse the I-20 identification document and return it to the student with a carbon copy to the school. If the INS chooses not to reinstate the student, there is no right to appeal the decision.

VISA OVERSTAYS

In general, an F-1 student is admitted for "duration of status," with the notation "D/S" on the I-94 arrival / departure card. Duration of status means the end date on the I-20, or, for those on practical training work authorization, the end date on the work authorization card, plus 60 days. Students are in valid status during the additional 60-day grace period; during that period a person is not deemed to have overstayed the authorized period of admission.

In general, a person who fails to maintain her/his status for over 180 days and leaves the United States will be subject to a 3-year bar from entering the United States. The rule states that a person who stays in the United States for over a year out of status and leaves the United States will be barred from returning for a period of 10 years. This is known as the 3/10-year bar. Nevertheless, persons with the D/S (duration of status) I-94 card, common for F-1 students and J-1 exchange visitors, are not considered "unlawfully present" for purposes of being barred from the United States for any length of time, unless an INS official or an Immigration Judge has made an official determination of unlawful presence or overstay.

DEPARTMENT OF STATE GUIDELINES

All applicants for a student visa must provide:

• Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students or Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students. You will need to submit a SEVIS generated Form, I-20, which was provided to you by your school. You and your school official must sign the I-20 form. All students, as well as their spouses and dependents must be registered in the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that maintains accurate and current information on non-immigrant students and exchange visitors and their dependents (F/M-2 visa holders). Your school is responsible for entering your information for the I-20 student visa form into SEVIS. Students will also have to pay an SEVIS I-901 fee for each program of study.
• A completed application, Nonimmigrant Visa Applicant, 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. 
• An interview at the embassy consular section is required for almost all visa applicants. During the visa interview, an ink-free, digital fingerprint scan will be quickly taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they apply.
• 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.
• One (1) 2x2 photograph.
• A MRV fee receipt to show payment of the visa application fee, a visa issuance fee if applicable and a separate SEVIS I-901 fee receipt. While all F visa applicants must pay the MRV fee, including dependents, only the F-1 principal applicants must pay the SEVIS fee.

All 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.;
• Financial evidence that shows you or your parents who are sponsoring you have sufficient funds to cover your tuition and living expenses during the period of your intended study. For example, if you or your sponsor is a salaried employee, please bring income tax documents and original bank books and/or statements. If you or your sponsor owns a business, please bring business registration, licenses, etc., and tax documents, as well as original bank books and/or statements.

Applicants with dependents must also provide:

• Proof of the student’s relationship to his/her spouse and/or children (e.g., marriage and birth certificates.);
• it is preferred that families apply for F-1 and F-2 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 student visa holder’s passport and visa, along with all other required documents.

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