Temporary Visas

F-1. Student

F-1 visas are available to aliens coming temporarily to the United States to attend school. The applicant must plan to pursue a full time program of academic study at an educational institution that is authorized by the Immigration and Naturalization Service to enroll foreign students. The student must have a home in a foreign country to which he or she will return after completion of studies. In addition, he or she must be proficient in the English language, and have sufficient funds available for his or her support during studies in the U.S.

F-1 status is not available to an alien who seeks to attend a public elementary school or a public adult education program. Entry into the U.S. to attend a public secondary school is also prohibited unless the total period in F-1 status does not exceed one year, and the alien reimburses the school for the costs of providing education. Any alien who violates this provision is barred from admission to the United States for a period of five years.

The visa application consists of:

1. Optional Form 156- Nonimmigrant Visa Application
2. Form I-20 A-B/I-20ID – Certificate of Eligibility of Nonimmigrant (F-1) Student Status- for Academic and Language Students-issued by the sponsoring school
3. Passport photographs
4. Proof that the applicant has enough money to pay all school related expenses and to support himself or herself during the program, as indicated on Form I-20A-B/I-20ID
5. Proof that the applicant has a home abroad that is not being abandoned, and that the student plans to leave the U.S. when the program is completed
6. Valid passport or travel document.

Note: Student applicants who have not yet made a final decision on the school they wish to attend, and want to come to the U.S. to visit schools in order to make a final selection, may apply for a “B-2″ visitor’s visa. The applicant must disclose the reason for his/her trip to the American Consul. The Consular Officer will note “prospective student” on the visa. After entry to the U.S., prospective students must apply to the BCIS (formerly INS) for a change of visa status when they have made their final school selection, and have been accepted by the school.

Qualified students who wish to enter the U.S. more than ninety days before their school’s starting date, can apply for a B-2 visa with the understanding that they will file with the BCIS (formerly INS) to change to F-1 status prior to commencing studies.

Note of caution: In the above instances, after approval of a change of status, the student will not have a student visa, only student status in the U.S. If the student leaves the U.S., he or she must apply for an F-1 visa at an American Consulate before reentering the U.S. as a student.

The visa is usually granted for the period of time in which the student is pursuing a full time course of study, including engaging in practical training, plus sixty days to prepare for departure from the U.S. This is referred to as “duration of status” or “D/S”. The American Consular Official will sometimes write the school’s name on the visa. The I-20A-B/I-20ID should be returned to the student, who should subsequently present it to the BCIS (formerly INS) official at the point of entry into the U.S. The BCIS officer will then issue Form I-94, write the admission number from Form I-94 on Form I-20, and return the “student part” of Form I-20 (I-20ID). The BCIS (formerly INS) will then forward the school’s copy of Form I-20 to the BCIS processing center, which will then send it back to the school as evidence of the student’s admission in F-1 status.

Under normal conditions, the student is not required to apply for extension of stay in the U.S., as long as he or she is a full time student, and will complete the course of study within the time indicated on Form I-20. Spouses and minor children can be granted F-2 visas, which are not valid for employment.

Students who will remain in one educational level for an extended period of time, or remain in student status for eight consecutive years should check with the Designated School Official (DSO) about extending their stay.

A student who is in F-1 status can leave the U.S. for up to five months and be readmitted in student status as long as her or she has:

1. A current I-20ID endorsed by the Designated School Official (DSO), who is often the Foreign Student Adviser, or
2. A new Form I-20A-B if the student’s program is changing (such as a change in major, advancement to a higher level of study, or an intended school transfer)
3. A valid student visa and a passport valid for at least six months.

Students pursuing a full time course of study can transfer from one school to another within the U.S without requiring prior BCIS (formerly INS) approval. The procedure is as follows:

• Notify the DSO of plans to transfer
• Complete enrollment in the new school without any break between
• semesters
• Obtain Form I-20A-B from the new school. Follow instructions from the new Foreign Student Adviser for completing certain items on Form I-20A-B/I20ID, and return the form to the DSO at the new school within fifteen days after classes begin
• The DSO will then add the name of the old school to Form I-20A- B/I20ID, write the student’s admission number on the form, indicate that the transfer was completed, sign it and return the student’s copy. The DSO will also send a copy of the new form to the old school, and submit the form to the BCIS (formerly INS) data processing center within thirty days.

A student who is not pursuing a full time course of study, and who wants to transfer to another school, must apply to the BCIS (formerly INS) for reinstatement to student status. The application for reinstatement must include Form I-20A-B from the new school. If reinstated, the student may attend the new school without a transfer of paperwork.

A student who has violated status may be reinstated if the student can establish that the violation resulted from circumstances beyond his or her control, or that he or she would suffer extreme hardship if not reinstated. The decision, which is made by the BCIS (formerly INS), is completely discretionary. The student must make a formal request for reinstatement on Form I-539, accompanied by Form I-20A-B/I20ID. The applicant must be pursuing or intending to pursue a full course of study; must not have worked without authorization; and must not be deportable on any other ground.

Note of Caution: A student who has violated his status, even for one day, may be ineligible for adjustment of status in the future if Section 245(i) of the Immigration and Nationality Act is not renewed.

Generally, foreign students are not allowed to work in the United States. As noted earlier, one of the requirements for a student visa is that the student proves that enough funds are available to pay for his or her education and support for the duration of studies. However, there are five ways that students can work while in F-1 status. They are:

1. On campus employment
2. Practical training- includes curricular practical training and optional practical training before or after completion of studies
3. Off campus employment due to severe economic hardship
4. International organization internships
5. Special student relief

1. On campus employment- this applies to students who will work in an on-campus establishment such as the cafeteria or bookstore. It may also apply to “off campus” sites which are “affiliated educationally” with the school. The employment must be an “integral part” of the educational program, and cannot exceed twenty hours per week while school is in session. Full time, on campus employment is allowed during summer vacations and holidays when school is not open.

2. Practical training- this is divided into two categories:

A. Curricular Practical Training:

This applies to training as part of an established curriculum during the student’s regular course of study. It includes work/study programs, cooperative educational programs, or internships offered by employers through agreements with the school. In order to qualify for curricular practical training, the student must have been lawfully enrolled in school, on a full-time basis, for at least nine consecutive months (exception for students of some graduate study programs who require immediate curricular practical training). The position must be directly related to the student’s major field of study.

The application is made as follows:

1. Student submits Form I-538 and I-20ID to the DSO
2. DSO certifies the curricular practical training on Form I-538, and on Form I-20ID the DSO certifies the dates and location of the student’s curricular practical training
3. DSO signs and dates the I-20ID and returns it to the student
4. DSO sends the school certification on Form I-538 to the BCIS (formerly INS) data processing center.

Note: Students who have participated in one year or more of full-time curricular practical training may not participate in practical training after completion of their course of study.

B. Optional Practical Training (either before or after completion of studies):

Optional practical training can only be authorized in an occupation that is directly related to the student’s major. A student may qualify after he or she has been lawfully enrolled in school, on a full time basis, for at least nine consecutive months. The period of optional practical training, both before and after studies, cannot exceed twelve months. Optional practical training is available during the following four periods:

1. During vacation periods while school is not in session, if the student is currently enrolled and intends to register for the next term
2. While school is in session, not to exceed twenty hours per week
3. After completion of all course requirements
4. After completion of the entire course of study.

All optional practical training must be completed within fourteen months after the completion of study. This application is made as follows:

• Student submits Form I-538 and I-20ID to the DSO
• DSO certifies on Form I-538 that the employment is directly related to the student’s area of study and within his or her educational level
• DSO signs and dates the I-20ID to show that the training is recommended, indicates dates of practical training and whether full or part-time, and returns the I-20ID to the student
• DSO sends the school certification on Form I-538 to the BCIS (formerly INS) data processing center.

The student must then apply to the BCIS (formerly INS) office for an employment authorization document (EAD) by submitting the following:

1. Form I-765-Application for Employment Authorization
2. Form I-20ID – endorsed by the DSO
3. Applicable filing fee
4. Copy of Form I-94
5. (Some BCIS (formerly INS) offices need a special fingerprint card and photos).

Note: Some INS offices require that applications be mailed while others accept in-person applications.

Once the application for optional practical training has been approved, the INS will return Form I-20ID and issue an Employment Authorization Document (EAD). The student cannot commence employment until the EAD is received. The BCIS (formerly INS) hopes to be able to approve these applications very quickly. Again, training must be completed within fourteen months of finishing studies.

Note: Students in English language training programs are ineligible for practical training.

3) Off-campus employment due to severe economic hardship- A student can apply for part-time (no more than twenty hours per week while school is in session) off-campus employment after having been in good academic standing for at least one year. The request must be based upon severe economic hardship, caused by unforeseen circumstances beyond the student’s control. Examples include: loss of financial aid, loss of on-campus employment, substantial fluctuations in the value of currency, inordinate increases in tuition and/or living expenses, unexpected changes in the financial condition of the student’s source of support, or unexpected medical bills.

The student must first make a good faith effort to obtain on-campus or off-campus employment under the Pilot Off-Campus Employment Program. The procedure for obtaining work authorization is as follows:

• Student completes his or her portion of Form I-538 and submits it with the I-20ID to the DSO
• DSO certifies on Form I-538 that the off-campus employment is warranted and submits Form I-538 to the BCIS (formerly INS) data processing center
• Student submits Form I-765, the I-20ID, Form I-94, a special fingerprint card, two photographs, the required fee, and evidence in support of the application to the BCIS (formerly INS service center) having jurisdiction over his place of residence
• If granted, the Employment Authorization Document will be issued for one-year intervals up to the date the student is expected to complete studies, as long as the student maintains status, and is in good academic standing
• The student may not begin work until the EAD has been issued.

4) International Organization Internships- International organizations falling under the International Organizations Immunities Act can employ full-time F-1 students. The procedure is as follows:

• Student files Form I-765, in-person, with the BCIS (formerly INS) office having jurisdiction over the student’s place of residence. A filing fee of $100.00 must accompany the application. The application must include an I-20ID endorsed for reentry by the DSO within 30 days preceding the filing of the application, and an I-538 prepared by the DSO. A copy of the I-538 is sent to the BCIS (formerly INS) data processing center
• The International Organization certifies that the proposed employment is within the scope of the organization’s sponsorship.

5) Special Student Relief- In 1998, the former INS gave itself the authority to suspend its employment authorization requirements in emergencies. The INS applied this rule to certain students who were in F-1 status as of June 10, 1998, and whose financial support came from Indonesia, South Korea, Malaysia, Thailand or the Philippines, and who faced severe economic hardship due to rapid currency devaluation. If the economic crises in these countries have caused severe economic hardship, these students can work either on or off- campus.

This “special student relief” program is in effect indefinitely. Eligibility depends on the source of financial support, not the student’s citizenship. The regulations apply only to undergraduate and graduate students. F-1 students in non-degree or language programs are not eligible. The twenty-hour per week limit for on-campus employment does not apply. Please note that the BCIS (formerly INS) has not yet announced the procedures with which F-1 students must comply, once the relief program is rescinded.

Note: Those who qualify for “special student relief” and plan to travel outside the U.S. may have a problem obtaining a new F-1 visa.

There are two other types of visas for students, the M-1 and the J-1, which are discussed in this chapter. The requirements and regulations are different for each one. Make sure you choose the student status that will offer you the most benefits.

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