A nonimmigrant is someone who temporarily comes to the United States for a specific purpose. People who wish to pursue full-time academic or vocational studies are usually admitted to the United States in one of two nonimmigrant categories. The M-1 category includes students in vocational or other nonacademic programs, other than language training.
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.
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; and
Maintain a full course of study which is defined as:
Study in community/junior college for 12 semester/quarter hours leading to a specific educational and/or vocational objective.
Study at a post-secondary vocational/business school (other than language training program) which confers a degree or has its credits accepted by 3 accredited academic institutions. Twelve hours of instruction/week or its equivalent are required.
Study in vocational or other nonacademic curriculum (including a language training program taken at the school to further vocational training); 18 hours/week if predominantly classroom or 22 hours if predominantly shop/lab. Flight schools, cooking schools and other vocational schools would be included. Under section 113 of the Aviation and Transportation Security Act of 2001 flight school trainers are now required to provide to the Attorney General a non-citizen’s identification who wishes to be trained on an aircraft with a maximum certified takeoff weight of 12,500 pounds or more before so that the AG can assess the security risk prior to the training.
Study in vocational or other nonacademic high school curriculum for not less than minimum number of hours for normal progress toward degree.
No OnlIne Courses. Distance education or online courses cannot count toward an M-1 student’s full course of study unless the course requires the student’s physical presence.
Reduced Course Load. M-1 can take a reduced course load but only for a maximum aggregate of 5 months and only because of medical reasons.
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 send them USCIS Form I-20 M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational 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 Form I-20 M-N/ID. The Inspector will then take pages one and two of this form, known as I-20 M-N. The USCIS will receive the first page (I-20M) and the school will receive the second page (I-20 N) 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 at the indicated institution in the United States. The student should see a school representative 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 student is accepted, the school should send them USCIS Form I-20 M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students). The student must submit this form, their I-94 (Arrival-Departure Record), and a completed USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) to the USCIS. The student must also prove that they have the financial resources required for their education and stay in the United States.
Transferring Schools
The student must:
File USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) with the USCIS.
Submit their current USCIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students),
Submit a complete USCIS Form I-20 M-N/ID from their new school, and
Submit Form I-94 (Arrival-Departure Documents) of their spouse and children.
The student may transfer sixty days after filing this application. However, if the student’s application is denied after the student transfers, the student will be considered to be out of status. This means the student may be required to leave the country.
Please note: To be eligible to transfer to another school, the student must currently be a full-time student, and must intend to be a full-time student at the new school. The student must also prove that they have the financial resources required for their education and stay in the United States. In addition, the student may only transfer to another school within the first six months from the date they were admitted to the United States to begin their studies or from the date they changed their nonimmigrant status to become an M-1 student. The student is not allowed to change their educational objective.
Employment
The M-1 student and their spouse and children may not accept employment. However, the student may apply for practical training after they have completed their studies. If approved, the student will be allowed to have one month of practical training for every four months of study they have completed. The student will be limited to six months total practical training time.
The student should submit USCIS Form 538 (Certification By Designated School Official) to the USCIS. The school official should certify on USCIS Form I-538 that:
The proposed employment is for the purpose of practical training;
The training will be related to the course of studies; and
The student can not receive the same type of training in their country of residence.
The student must also submit USCIS Form I-765 (Application for Employment Authorization), and their I-20 ID, signed by the designated school official (DSO). The student should send their application to USCIS no more than 60 days before their student status expires and no later than 30 days after their studies are completed. For more information, please see the rules about practical training at 8 CFR § 214.2(m). The student may also wish to discuss practical training with the appropriate officials at their school.
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 M-1 entry visa stamped in the passport (if necessary)
A current USCIS Form I-20 ID 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
The M-1 student is allowed are allowed to stay in the United States for one year or for as long as they are enrolled as a full-time student in a vocational program (plus thirty days to prepare to leave the country), whichever is shorter. The student should be allowed to stay in the United States 30 days beyond the departure date on their Form I-94 (Arrival-Departure Record) and USCIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students), as long as their stay does not exceed one year.
The student may also apply to stay in the country after the completion of their studies to pursue practical training. If approved, the student will be allowed to have one month of practical training for every four months of study they completed. The student will be limited to six months total practical training time. The designated school official (DSO) is able to assist the student in the application process.
Extensions
The student should apply to extend their stay in the United States if their studies will take longer than the date listed on their I-20 ID or their vocational program lasts longer than a year. The student should complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and send it to USCIS at least 15 (but not more than 60) days before their authorized stay in the country expires. The student should also submit their USCIS Form I-20 ID to the USCIS at the same time.
Dependents
The spouse and unmarried children under 21 years of age may come with the student to the United States in M-2 nonimmigrant status. They should go with the student to the U.S. embassy or consulate when the student applies for their student (M-1) visa. They should be prepared to prove their relationship to the student. If the spouse or children are following to join the student at a later date, they should provide the U.S. embassy staff with a copy of the student’s USCIS Form I-20 ID and proof of their relationship to the student. The M-2 status of the student’s family will be dependent upon the student’s status as the M-1 vocational student. This means that if the student changes their status, his/her family must change their status as well. If the student loses status, his/her family will also lose their status.
Differences from F-1
The M-1 Vocational Student Visa differs from the F-1 in that the M-1 student:
Cannot change their educational objectives
Can only be authorized to reduce course load for medical reasons and only for a maximum aggregate period of five months.
Cannot take online courses or distance courses permissible unless they are required to be physically present for class
Can only attend school with extensions for a maximum of 3 years
Can transfer schools only in first 6 months unless reason for not being able to remain at present school was “due to circumstances beyond the student’s control.” The student must obtain permission from the DHS (I-539) prior to the transfer.
Cannot accept employment, except practical training. But practical training may only be obtained after completion of study. The job must be in the field of study and the student can only be given one period of practical training for period of time “equal to 1 month of each 4 months” student pursued full course of study. The job may not exceed 6 months. The application must be submitted on I-765 before expiration of authorized stay and not more than 60 days before to 30 days after completion of course of study.
Cannot change to H status if basis of H was training or education received as M- 1 student. Nor can student’s request to change nonimmigrant status be granted to M if student is doing it to ultimately qualify for H. A student in M status also cannot change to F status. However, none of these regulations apply to M-2s.
Diversity Lottery
Employment-Based