Non-Immigrant Visas
F- Academic Student
Many foreigners desire to come to the U.S. for the primary purpose of obtaining an education. The F-1 visa allows many foreign nationals to do just that. The F-1 visa is aimed at students attending academic institutions; whereas, the M-1 visa is given to students attending a vocational school.
Academic students present in the U.S. on an F-1 visa must be full-time students at an approved school. Due to recent legislation, F-1 visas are scrutinized more carefully and can be harder to obtain than in the past.
In order to be eligible for an F-1 visa, an alien must:
- Be accepted into an approved academic institution;
- Demonstrate a financial ability to pay for the education; and
- Demonstrate an intent to depart the U.S. after completing the course of studies.
As long as long as the alien is a full-time student at the approved institution, the F-1 visa should remain valid, enabling the alien to travel outside the U.S. Rather than the I-94 Arrival/Departure card stating a specific date by which the alien must depart the U.S., the I-94 cards of F-1 aliens will state “D/S” (Duration of Status). However, if the alien’s course of study has changed from what is stated on the original I-20, a new I-20 must be obtained prior to leaving the U.S.
An F-1 alien is only permitted to attend the school that approved the I-20. If the alien student desires to transfer to another academic institution, the alien must receive an I-20 from that new school. In certain instances, an alien may need to leave the U.S. in order to obtain the new F-1 visa based on the change in schools. With recent legislation, an F-1 alien, or a prospective F-1 alien, should always contact their school to ensure that he continues to maintain lawful status.
F-1 aliens are only permitted to work specified circumstances. An F-1 non-immigrant may work on-campus for a period not to exceed twenty hours per week while school is in session. An F-1 alien may work full-time during vacations and school breaks. Off-campus employment may be authorized by the USCIS in cases where the alien can demonstrate severe economic hardship.
Aside from on-campus employment, an F-1 alien may be eligible for Optional Practical Training (OPT) for a period of twelve months. OPT must be related to the student’s major field of study in school and can be done after the completion of study for a limited period of time.
Spouses and unmarried children under 21 years of age may accompany an F-1 alien into the U.S. These dependants will receive an F-2 visa. As long as the F-1 principal alien maintains lawful status, the F-2 derivative non-immigrants will be permitted to remain in the U.S. F-2 spouses are not permitted to work or to attend school. On the other hand, F-2 children are permitted to attend primary or secondary schools full-time. In order for the F-2 spouse to attend any school or for the F-2 child to attend post-secondary school, they must obtain their own F-1 visa.
The list of non-immigrant visas available to aliens can be found in INA §101(a)(15) and include:
- Ambassador, public minister, or career diplomatic or consular officer;
- Visitor for business or pleasure;
- Individual in immediate and continuous transit;
- Alien crewman;
- Treaty investor or trader;
- Academic student;
- Designated principal representative of a foreign government;
- Temporary worker;
- Representative of the foreign press, radio, film;
- Participant in an approved exchange program;
- Fiance of a U.S. citizen;
- Intracompany transferee;
- Vocational student;
- Parent or child of an alien with special immigrant status;
- Alien with extraordinary ability in the sciences, arts, education, business, or athletics;
- Artist or entertainer;
- Participant in an approved international cultural exchange program;
- Religious worker;
- Criminal informant;
- Victim or informant of trafficking;
- Victim and informant of certain criminal activity; and
- Certain beneficiary of permanent residency application filed by lawful permanent resident.
