Apply today with our Student Visas: (F-1) & (M-1) Kit

The definition of a student is one who has a residence in a foreign country which he or she has no intention of abandoning, and who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, which program must have been approved by the US immigration service.

In order to be admitted to a school as an F-1 student, the alien must first obtain from the school's foreign student advisor an US immigration form known as an I-20. In addition to meeting the academic qualifications, the prospective student must also submit evidence of sufficient financial support for the period of the academic program. When the school issues this form to the student, it is an indication that the student has met the necessary qualifications for admission to the school. However, the student must then apply for an F-1 visa at a US consul if they are outside of the United States, or they can apply for change of status with the US immigration service if they are in lawful US immigration status in the United States.

This application is made on US immigration form I-539. It must be accompanied by the approved I-20 form, as well as evidence that the prospective student has sufficient funds to support himself or herself in the United States for the duration of studies. In other words, the US immigration service wants to be sure that the student will not have to resort to unauthorized employment in order to pay for their schooling or living expenses while attending school. When the application for change of status is approved by the US immigration service, or when the student enters the United States with an F-1 visa, the student is admitted for the duration of their status as a student, which is noted as "D/S" on their entry document.

Effective April 12, 2002, the US immigration service published an Interim Rule eliminating the ability of a B non-immigrant, (both B-1 visitors for business and B-2 visitors for pleasure), to begin a course of study at a United States school without first obtaining approval from the US immigration and Naturalization Service to change non-immigrant status to that of either an F-1 or M-1 student.

In order to maintain student status, the student must attend school on a full-time basis, which generally means 12 academic credit hours per semester.

There may be exceptions, such as when a student is ill and unable to attend on a full-time basis, when a graduate student is working on a thesis, or during the school's annual vacation.

As a general rule, a student is not permitted to be employed while studying in the United States. However, there are some exceptions. The first is on-campus employment. If a student is otherwise maintaining status, he or she may work on the school's premises up to 20 hours per week while school is in session, and full-time during breaks and the student's annual vacation.

The second type of employment for an F-1 student is known as the pilot off-campus employment program. In this program, the foreign student advisor may authorize off-campus employment with a qualifying employer for any F-1 student who has been in F-1 status for one full academic year and is maintaining both valid F-1 status and good academic standing. The student is allowed to work up to 20 hours per week during school sessions and full-time during holidays, breaks, and the student's annual vacation. The prospective employer must meet several requirements in order for it to be included in the program, including evidence that it has recruited unsuccessfully for the position which the F-1 student will occupy for at least 60 days, and that the F-1 student will be offered wages and working conditions which are similar to others currently working in similar positions.

The third type of employment is employment based on severe economic hardship. This is provided for students who must work due to unforeseen economic hardship. Students may apply for this form of work permission if they have been attending school for one full academic year; are in good academic standing and are carrying a full course of study; can show unforeseen severe economic hardship; and the acceptance of employment will not interfere with the student's continuing in a full course of study. The foreign student advisor must certify on US immigration form I-538 that he or she concurs in the student's need for employment. The application is filed with the local US immigration office, together with US immigration form I-765 (Application for Employment Authorization.) The student may begin employment upon approval of the employment authorization request, which is usually issued for a period of one year.

The fourth type of student employment is known as curricular practical training. This is defined as employment that is an integral or important part of the F-1 student's curriculum, and includes such employment as work/study programs, internships, and cooperative education programs. This usually includes employment that is required to complete any degree requirements. The foreign student advisor may designate the program as either full time or part time.

The fifth type of employment authorization is known as optional practical training. Optional practical training must be related to the student's major area of study and is limited to a period of 12 months. However, it is not necessary that the student have a pre-existing offer of employment. While optional practical training is usually issued after the student has completed his or her course of study, it may be granted while school is in session, during the student's annual vacation, or during the time that the student is in the process of completing his or her thesis. The foreign student advisor must sign US immigration form I-538, and the application is filed with the US immigration service center having jurisdiction over the student's place of residence.

The US immigration Act of 1996 made significant changes to the F-1 student program. A new provision added to the Act states that an alien may not be accorded status as a nonimmigrant student to pursue a course of study at a public elementary school, or in a publicly funded adult education program, or at a public secondary school, unless the total period of such status at such a school does not exceed 12 months, and the alien demonstrates that he or she has reimbursed the school for the full cost of providing education at such school for the period of the alien's attendance. In addition, an alien student who transfers from a private elementary or secondary school or from a language-training program that is not publicly funded, to a public school, shall be considered to have violated their status, and the alien's F-1 visa shall be void, unless they pay the full cost of the public education program that they will be receiving. Another provision of the act states that an alien who obtains the status of a nonimmigrant student and then violates a term or condition of said status may not be readmitted to the United States for a period of five (5) years following the date of the violation.

The dependent spouse and unmarried children of F-1 students will be granted F-2 status. An F-2 may remain in the United States for the duration of the F-1's valid status and may engage in any lawful activity, including the right to study. However, F-2 aliens are not permitted to be employed in the United States.

Apply today with our Student Visas: (F-1) & (M-1) Kit