Visa
Information for Students
International visitors to the United
States are admitted as nonimmigrants under
the appropriate visa classification
depending on what their activities will
be. Those who intend to study in the U.S.
are generally admitted under the F-1
student visa classification. Under special
circumstances, international students may
also be admitted on J-1 sponsored student
or M-1 vocational or technical student
visas.
In
each of these visa categories, a spouse
and unmarried children under the age of 21
may accompany the international student to
the U.S. Generally, these dependents may
not be employed in the U.S., but may
attend school either as part-time or
full-time students.
F-1
Student Visa
The F-1 student visa classification is for
full-time study in the U.S. In order to
apply for the F-1 visa, the prospective
student must receive a Certificate of
Eligibility for Nonimmigrant (F-1) Student
Status ?for Academic and Language
Students, Form I-20 A-B. This form must be
issued by a school or school system which
has been authorized by the U.S.
Immigration and Naturalization Service
(INS) to sponsor international students.
The majority of colleges and universities,
and some public school systems and private
institutions have this authorization.
Once
a prospective student has satisfied the
admission requirements for the college or
university of their choice, they must also
prove that they will have adequate
financial resources to cover their school
and living expenses in the U.S. Employment
opportunities are limited for
international students. Proof of
sufficient financial support may be
submitted on Form I-134 Affidavit of
Financial Support by a close family
relative or other person who is willing to
provide it. In some cases, graduate
students may be offered research or
teaching assistantships or fellowships,
but these may only cover part of the
school expenses.
It
is very important for international
students to do everything they can to
maintain their F-1 status throughout their
stay in the U.S. This includes maintaining
a full course of study, which is at least
12 credit hours per semester for
undergraduate students at a college or
university. Graduate students must also be
enrolled full time, which may vary among
different institution, but is generally at
least 9 credit hours per semester.
Failure
to be enrolled for a full course of study
is considered a violation of the F-1
student status and places the student in a
deportable situation.
F-1
students are only allowed to work under
specific circumstances. On-campus
employment is permitted up to 20 hours per
week; however, off-campus employment is
limited to internship or other work study
programs that may be required for a
specific degree.
F-1
students who want to seek additional
employment in the U.S. after graduation
may consider the H-1B status, which is for
temporary, professional employment in a
“specialty occupation? This visa
requires a job offer with a minimum
qualification of at least a bachelor’s
degree, and the student must have the
appropriate evidence of at least such a
degree.
Under
recent changes to federal regulations, F-1
student status is no longer available to
attend a public elementary school or a
public adult education program. Students
with F-1 status are only able to attend a
public secondary school for a period of no
more than 1 year.
F-1
students are not permitted to transfer
from a private school to a public school,
and any F-1 students who violate their
status under this regulation will be
inadmissible to the U.S. for a period of 5
years.
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Exchange
Visitor (J-1) Students
International students who are sponsored
for study in the United States by their
government, their foreign university, an
international organization, or
substantially from funding from any source
other than personal or family funds may be
admitted as J-1 exchange visitor students.
J-1 students must also maintain a full
course of study at the university they are
authorized to attend. Failure to do so is
a violation of status, which may subject
the student to deportation from the U.S.
J-1
students have limited employment
opportunities in the U.S. The program
sponsor must authorize in writing any
on-campus employment during the program of
study. Upon completion of a degree
program, J-1 students may be granted up to
18 months of academic (practical) training
to gain work experience in their field of
study, with the possibility of an
additional 18 months for postdoctoral
research.
Dependent
spouses and child exchange visitors are
admitted under J-2 status and may apply
for employment authorization while in the
U.S. Duration of the employment
authorization is limited to the duration
of the exchange visitor’s stay. Income
earned by the J-2 dependent must be
primarily for support of the J-2 and
cannot be used to support the principal
J-1.
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M-1
students
Students who are admitted for vocational
or technical training programs are
admitted under M-1 student status.
Admission procedures are similar to those
for F-1 students. Schools that offer
vocational or—technical training
programs must be authorized by the
Immigration Service to sponsor M-1
students, and the school issues the
student a Form I-20MN. The prospective
student must take the I-20MN documentation
of adequate financial support for the
program and evidence of non-immigrant
intent to apply for the visa at the U.S.
consulate or embassy.
A
student admitted under M-1 status will be
allowed to remain for the time necessary
to complete the specified course of study
plus 30 days in which to depart from the
U.S. or one year, whichever is shorter. To
maintain valid M-1 status, students must
enroll in at least 12 hours of instruction
per week or its equivalent at a post
secondary vocational or business school
(except for a language training program)
where they will receive a recognized
associate or other degree. For those M-1
students who choose a vocational or other
non-academic curriculum (except for a
language training program), full-time
enrollment must be at least 18 hours per
week or 20 hours a week if the primary
activity is shop or laboratory work.
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Important
Documents
International students must have a valid
passport and visa to be admitted with
non-immigrant status for the duration of
their study in the U.S. Students from
Canada are exempt from the passport
requirement but must still be admitted
properly with the appropriate student visa
classification. An international student
must report a lost or stolen passport to
their foreign embassy or consulate located
in the U.S. and obtain a new passport as
quickly as possible to maintain proper
status while in the U.S.
When
admitted to the U.S., non-immigrant
students are given a Form I-94
Arrival/Departure Record. This form is
frequently stapled into the person’s
passport and indicates the date and
location of the person’s entry, the visa
classification, and length of authorized
stay. For most international students,
this will not be a specific date, but will
be “D/S?for “duration of status?
The
duration of status is determined by the
date on the Form I-20 for F-1 and M-1
students, and Form IAP-66 for J-1
students. If Form I-94 is lost, the
student should apply for a replacement
through the Immigration Service. When the
person departs from the U.S., the I-94
will be surrendered at the port of
departure, and the person will receive a
new one upon their return. If the student
is traveling to Mexico or Canada for less
than 30 days, the I-94 should not be
surrendered, because it will be needed to
facilitate their return to the U.S.
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Change
of Status
A non-immigrant may be eligible to apply
for a change of status while in the U.S.,
but the application must be
“non-frivolous? If it appears that
the person entered the U.S. with the
intent to change to a different status
soon after their arrival, the Immigration
Service will deny the application. The
Immigration Service will deny most change
of status applications that are filed
within the person’s first two months in
the U.S. If a person has a legitimate
reason to file for a change of status,
they should submit Form I-539 to the
Regional Service Center of the Immigration
Service which has jurisdiction for their
place of residence.
If
a person successfully changes
non-immigrant status within the U.S., the
next time they travel outside the U.S.
they must apply for a visa in the new
classification before they will be
permitted to return. As soon as they
depart from the U.S., they lose the new
status, and there is no guarantee that the
U.S. consular official will grant the new
visa. Canadian citizens are exempt from
this visa requirement. Also, anyone who
changes non-immigrant status in the U.S.
and travels to Canada or Mexico for less
than 30 days may re-enter the U.S. without
obtaining a new visa. The person must
carry their valid passport, the original
visa, Form I-94, and proof of the change
of status.
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Visa
Penalties
The visa of any non-immigrant who
overstays their period of authorized stay
in the U.S. will be canceled, and the
person must apply for a new visa at the
U.S. embassy or consulate in their country
of last permanent residence. If a
non-immigrant is in unlawful status for a
period of at least 180 days and leaves the
US, they will be barred from returning to
the US for a period of 3 years; and if the
period is at least one year, they will be
barred for 10 years.
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