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HOME > Practice Areas > F-1 Visa
   
 

:: F-1 Visa
F-1 Visa is a Non-Immigrant Visa which allows foreign nationals to engage in academic studies in the U.S.

:: F-1 Visa Eligibility Requirements
First, the student must be enrolled in an academic education program. Second, the student must be enrolled in a school approved for the attendance of foreign students (only schools approved by the DHS may issue Form I-20). Third, the student must comply with restrictions on pursuing a course of study at public schools. Public elementary schools or publicly funded adult education programs do not issue Form I-20. Also, even if the student reimburses a public secondary school for the full, unsubsidized per capita cost of his/ her education, the period of authorized stay to attend such school as an F-1 foreign student is a cumulative period of one year as of November 30, 1996.

Fourth, the student must be enrolled in a "full course of study" at the school. Approval of Form I-20 demonstrates that the student is registered as a full-time student. Fifth, the student must be proficient in English or be enrolled in English language courses leading to proficiency. Sixth, the student must have adequate funds available to him/her to support him/herself entirely during the entire projected course of study. Seventh, the student must maintain a residence abroad and should intend to depart the U.S. upon completion of his/her studies. Eighth, upon initial admission, the student must intend to attend the school specified on the F-1 Visa.

:: Academic Education Program
Elementary, Middle School, High School, Undergraduate or Postgraduate or Postdoctoral study, and other Postsecondary Academic Programs are all considered Academic Education Program.

:: Full Course of Study
A full course of study for postgraduate or postdoctoral research or study is one certified as such by the school. A full course of study for undergraduate or graduate study at a college or university usually consists of enrollment in 12 semester or quarter hours a term.

:: Sufficient Funds
Student can demonstrate that he/she has adequate funds to support him/herself for the coming academic year by showing as evidence Bank Statement and Bank Letter. Documenting the availability of funds sufficient to pay for the entire projected course of study might be required. If the student's source of funds is from his/her family, he/she needs to provide Bank Statements and Affidavit of Support Form I-134.

:: Evidence of the Student's Non-immigrant Intent
The student must show his/her intention to depart the U.S. upon completion of his/her studies. The student must maintain a residence abroad and show ties abroad. If the student is single, it is helpful to show that his/her education in the U.S. will become resourceful for his/her prospect career in his/her home country.

:: Visitor Visa to Student Visa
The longer the period of time between admission in B-2 status and the filing of the change of status application, the less likely that the preconceived intent issue will be raised. It is important to articulate the reason for the change of status, especially the reason why the alien did not apply for student status initially at the U.S. consulate. Also, B Visa holders (Visitor Visa) will be required to wait for USCIS approval for a change to F academic or M vocational student status before beginning their studies.

:: Employment Issues
On-campus and work/study (curricular) employment does not require USCIS authorization. After the student has successfully accomplished a full course of academic education in the U.S., he/she is eligible for one year of OPT (Optional Practical Training) per educational level. The practical training work should be directly related to the student's area of study. If the student receives OPT before graduation, the student may only work for 20 hours per week or less in practical training. The spouses and family members of students cannot work unless they hold a status to legally work in the U.S.

:: Off-Campus Employment without OPT
If severe financial hardship occurs that is caused by unforeseen circumstances out of the student's control, the student may apply for employment authorization after completion of one full academic year in F-1 status. Such circumstances include significant fluctuations in the value of currency or exchange rate, loss of financial aid or on-campus employment not liable on the part of the student, or unanticipated changes in the financial condition of the student's source of support. The student may work no more than 20 hours per week when school is in session (full-time work is permissible during vacation period).


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