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Temporary Visas

A Selected Chapter From Immigration Made Simple,
An Easy to Read Guide to the U.S. Immigration Process
(5th Edition)

Barbara Brooks Kimmel and
Alan M. Lubiner, Immigration Attorney

January 2000

M-1. Student

M-1 status is similar to F-1 status. This visa category has been in effect since 1982 and is designed for students who wish to pursue vocational or other recognized nonacademic educational programs. This does not include English language programs. The application process is similar to that for F-1 students in that the school issues Form I-20MN to the student. The visa application at the American Consulate consists of:

  1. Optional Form 156- Nonimmigrant Visa Application
  2. Form I-20M-N- Certificate of Eligibility for Nonimmigrant (M-1) Student Status- completed by the student and the DSO
  3. Passport photographs
  4. Proof that the applicant has enough money to pay school related expenses and to support himself or herself during the program
  5. Valid passport or travel document.

The visa may be granted for the length of the course of study shown on Form I-20M. The I-20M-N should be returned to the student by the Consular official. The student should present it to the INS official when entering the U.S. The INS officer will return the student's part of the Form and issue Form I-94. The INS will also forward Form I-20M-N to the INS processing center, which will then send Form I-20N to the sponsoring school. Aliens holding M-1 visas are not permitted to work. Spouses and minor children can be granted M-2 visas, which are not valid for employment. Students can transfer from one school to another within the U.S. after spending six months in valid M-1 status, and assuming he or she is financially able to continue to attend school. The procedure is as follows:

  • Student completes Form I-538- Application by Nonimmigrant Student for Extension of Stay, and attaches Form I-20ID and Forms I-94 for him or herself and all family members
  • Student obtains completed Form I-20M-N from the new sponsoring school and fills out the information required
  • Student submits the application to the INS office having  jurisdiction over the school the student last attended, consisting of:

     1.  Form I-538
     2.  Student's I-20ID
     3.  Form I-20M-N from the new school
     4.  Forms I-94 for student and family
     5.  Applicable filing fee.

The student must wait for sixty days after filing the application for transfer, to start in the new program. If the application is approved it will be retroactive to the date of filing, and the student will be granted an extension of stay. The INS will return Form I-20ID and Form I-94. The extension period should coincide with the completion of the new program plus thirty days, or for one year, whichever is less. The INS officer will also endorse the name of the new school on the student's I-20N and will forward it with Form I-20M to the INS data processing center, which in turn, will record the change and send the form to the new school. If the application for transfer is denied, the student is considered to be out of status.

Students can also qualify for paid practical training upon completion of their program. The alien may only be employed in an occupation or vocation directly related to his or her course of study, as recommended by the DSO. The maximum amount of time for training will be one month for each four months of full time study, but not to exceed six months, plus thirty days to depart the U.S. The application process is as follows:

  • Student completes his or her portion of Form I-538 and gives this to the DSO with Form I-20ID.
  • DSO endorses the student's Form I-20ID for practical training and returns it to the student
  • DSO completes the school's portion of Form I-538 and forwards it to the INS data processing center. On Form I-538 the DSO must certify that he or she recommends the proposed employment,  that it is related to the student's course of study, and that this type of employment is not available in the student's home country.

The student must them apply to the INS service center for an employment authorization document (EAD). The application consists of:

  1.  Form I-765
  2.  Copy of Form I-94
  3.  Special fingerprint card
  4.  Photos
  5.  Form I-20ID endorsed for practical training by the DSO
  6.  Applicable filing fee. 

The application must be submitted before the student's authorized stay expires and not more than sixty days before completing the course of study, nor more than thirty days after. The student cannot begin practical training until the INS approves the application, endorses the training on Form I-20ID and returns the EAD to the student.

N. NATO (not covered in this book)

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