The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The “F” visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs, and the “M” visa is reserved for nonimmigrants wishing to pursue nonacademic or vocational studies.
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 U.S. Citizenship and Immigration Services (USCIS);
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 funds available for self-support during the entire proposed course of study; and
The student must maintain a residence abroad which he/she has no intention of giving up.
Please note: If a foreign national wishes to attend public high school (grades 9-12) in the United States in student (F-1) status, they must submit evidence that the local school district has been reimbursed in advance for the unsubsidized per capita cost of the education. Also, attendance at U.S. public high schools cannot exceed a total of 12 months. F-1 students are prohibited from attending public elementary schools and publicly-funded adult education programs in the United States. Petition Document Requirements
The petition should be filed with the following documentation:
A SEVIS Form I-20 issued in the name of the student by a school approved by the USCIS.
Proof of sufficient financial support,
Be proficient in English or will receive training to make her proficient. The school may explain, where appropriate, why English proficiency is not required.
Intend to depart the U.S.
Have sufficient academic credentials to attend particular institution.
Maintain a full course of study which is defined as:
Postgraduate study certified by DSO as full course.
Undergraduate college or university—12 semester/ quarter hours if all undergraduates are enrolled for 12 hours and are charged full tuition or considered full-time for other administrative purposes.
Post-secondary non-vocational (e.g., junior college, fine arts school)—12 hours; credits must be accepted by at least 3 schools.
Study in any other language, liberal arts or fine arts non-vocational program—18 hours in classroom or 22 hours if mostly lab.
Elementary, middle school, or academic high school.
On-line Classes. An F-1 student may only take one class or three credits on-line or through distance education per term and no online language study program. 8 C.F.R. §214.2(f)(6)(i)(G).
Reduced Course Load. A student may not reduce her course load below a full course of study as outlined above without first obtaining permission from the DSO and then may only reduce it, at a minimum, to 6 semester/ quarter hours or half the clock hours of a full course of study. S/he may only reduce her course load one time unless it is for medical reasons and then only for a maximum of 12 months.. A student may also have a reduced course load his final term to complete her studies.
The prospective student first must apply to study at a USCIS-approved school in the United States. The prospective student should be told immediately if the school accepts foreign national students. If the prospective student is accepted, the school should give them USCIS Form I-20 A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). If the foreign national requires a visa, then they should take the USCIS Form I-20 to the nearest U.S. consulate to obtain a student visa. The foreign national should only bring the USCIS Form I-20 from the school they plan on attending for visa processing at the U.S. consulate. The prospective student must also prove to the consulate that they have the financial resources required for their education and stay in the United States. Please see the State Department Website for more information on visa processing.
When the student arrives in the United States, they should receive a Form I-94 (Arrival-Departure Record) that will include their admission number to the United States. An Immigration inspector will write this admission number on their USCIS Form I-20 A-B/ ID. The Immigration Inspector will then send pages one and two of this form, known as I-20 A-B, to the school as a record of the student’s legal admission to the United States. The student is expected to keep pages three and four, known as the I-20 ID. This document is the student’s proof that they are allowed to study in the United States as an F-1 student. The student should see their designated school official (DSO) if they need a replacement copy of their I-20 ID. The student should also keep safe their Form I-94, because it proves that they legally entered the United States. If the student loses their Form I-94, they would need to obtain a replacement copy.
Inside of the United States
The student must apply to study at a USCIS-approved school in the United States. The student should be told immediately if the school accepts foreign national students. If the prospective student is accepted, the school should send them USCIS Form I-20 A-B/IID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). The student must submit this form and a USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) to the USCIS. They must also prove that they have the financial resources required for their education and stay in the United States.
Transferring Schools
In order to be eligible to transfer, the foreign national must be a full time student in good academic standing. The student must notify their current school of their intent to transfer. The student must ask the school that they plan on attending to give them a new USCIS Form I-20 A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). The student must complete their portion of the USCIS Form I-20 and give it to the new designated school official (DSO) within 15 days of transferring. The designated school official (DSO) should give the student the last two pages, known as Form I-20 ID, and forward a copy of the first two pages, known as Form I-20 A-B, to the USCIS and the student’s prior school.
Employment
The student may be allowed to work on-campus or off-campus (after the completion of their first year of study) under limited circumstances. Please see the rules on student employment at 8 CFR 214.2 (f) . The student may also wish to discuss employment with the designated school official (DSO) at their school. The student’s accompanying spouse and child may not accept employment.
Travel
Students may leave the United States and be readmitted after absences of five months or less. Upon their return to the United States, the student should provide immigration inspectors with:
A valid passport
A valid F-1 entry visa stamped in the passport (if necessary)
A current USCIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) signed by the appropriate school official (the student should have the appropriate school official sign the USCIS Form I-20 each time they wish to temporarily travel outside the United States)
A new USCIS Form I-20 A-B/I-20 ID if there have been any substantive changes in the student’s course of study or place of study
Proof of financial support
Duration of Stay
Students will be admitted a maximum of 30 days before program start date. Once admitted, the student will be permitted to stay until the completion of educational program (including any practical training) plus 60 days. The 60 days can be used to prepare for departure or transfer to another school in accordance with §214.2(f)(8). In cases where F-1 is applying for an H-1B visa and the H-1B cap has been reached, the Commissioner may extend duration of status beyond the 60-day period until the next fiscal year. If changing status s/he will be given duration of status for period needed to complete one educational program including progression to higher levels if accomplished in accordance with DHS transfer procedures (thus no extension of stay needed). See 8 CFR § 214.2 for more complete time limits.
Extensions
The student does do not need to apply to extend their stay in the United States as long as they are maintaining their student status and making normal progress toward completing their academic course of study. The designated school official (DSO) from the school will write down a completion date on the student’s USCIS Form I-20 A-B (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). Under normal circumstances, the student should be able to complete their studies by this date. If the student needs to extend their stay for compelling academic or medical reasons, then the student and the designated school official (DSO) should fill out USCIS Form I-538 (Certification By Designated School Official) and send it to the USCIS student data center at least 30 days before the completion date listed on USCIS Form I-20 A-B.
Dependents
Dependents (spouses and unmarried children under 21 years of age) of F-1 students are eligible for F-2 status with the same restrictions as the principal. Dependents may not be employed under the F-2 classification. Helpful Links
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