Student Visas

The United States offers various visas to allow foreign nationals to come to the United States to study.  There are visas that allow study in a regular academic environment like a 2-year or 4-year university or college program or a language program.

There are also visas that allow foreign nationals to take vocational courses.  Finally, there are also visas that allow foreign nationals to come to the United States to study or perform research in a post-graduate exchange context.

Each visa category has specific criteria.  Summaries of each non-immigrant student, training and exchange visa is provided below.

F-1, International Academic/Language Student

• Applies to study in the following environments: university or college; high school; private elementary school; seminary; conservatory; another academic institution, including a language training school;

• Must have a SEVIS Form I-20 issued from the academic institution you will attend;

• Proof of financial support in the amount indicated on the Form I-20. In some cases, proof of financial support for the entire duration of the academic program is required;

• For initial admissions only – provide proof that you intend to attend the school specified on the Form I-20.

Admission on an F-1 academic visa requires full-time study.  “Full-time” is defined by the institution issuing the Form I-20, based on the nature of the academic or language program.  There are exceptions to the full-time attendance requirement in limited circumstances.  Such as when a full-time course of study is not required because the remaining credits to meet graduation requirements at the end of an academic program do not constitute full-time attendance.  In all circumstances, dropping below full-time attendance must be approved by the academic institution.

Admission into the United States on an F-1 academic visa or obtaining F-1 status in the United States is for a length of time specific to the duration of your academic program.  Therefore, F-1 international students are deemed to be admitted D/S or duration of status.

F-1 students may request up to one year of work authorization upon completion of a degree-issuing academic program in the form of Optional Practical Training (OPT).  A student must work closely with his/her academic institution’s international student services office to apply for OPT.  Students receiving STEM (science, technology, engineering, mathematics) degrees from his/her U.S. academic institution may be eligible for extensions of OPT work authorization beyond the one year.  OPT requires that the F-1 student work in the field that is directly related to the student’s major field of study.

In some cases, pre-completion OPT may be available.  Pre-completion OPT is work authorization that is issued prior to completing your academic program.  In any case, pre-completion OPT is only available after completing one full year of academic study.  In addition, pre-completion OPT that occurs while school is in session may only be part-time.  Full-time employment is permitted when school is not in session.  Pre-completion OPT periods of work will reduce the time available for post-completion OPT.  Pre-completion OPT is most commonly utilized in an academic program that requires participation in an internship or clinic as a graduation requirement.

Spouses and children of F-1 students are eligible for derivative F-2 status/visas pursuant to the F-1 student’s status/visa.  Derivative F-2 spouses and children are admitted to the United States for the same duration as the F-1 student.   Derivative F-2 spouses and children are not eligible for work authorization.

M-1, Vocational Student

• Applies to study in the following environments: vocational; or other recognized nonacademic institution, other than a language training program.

• Acceptance at a vocational institution approved by USCIS;

• Must have a SEVIS Form I-20 issued from the vocational institution you will attend;

• Proof of financial support in the amount indicated on the Form I-20. In some cases, proof of financial support for the entire duration of the academic program is required;

• You have a permanent residence in your home country, which you do not intend to abandon;

• You intend to leave the U.S. upon completion of your course of study.

Examples of M-1 study include, but are not limited to:

• Vocational/business school;

• Flight schools;

• Cooking schools.

M-1 vocational students are admitted for no more than one year at a time.  If your vocational program exceeds one year, you will need to apply for an extension of status.

Just before completion of the vocational program, an M-1 student may apply for optional practical training (OPT) to engage in employment in the field of study.  OPT is available based on the following formula: 1 month of practical training for every 4 months of study.  Students are limited to a total of 6 months practical training time.

M-1 students are subject to more restrictions than F-1 academic students and it is important that you and your vocational institution are aware of those differences.  For example, M-1 students may only reduce their attendance below full time for medical reasons; max out the M-1 status after 3 years of study; cannot change status to an H nonimmigrant work visa if the basis of the H was the training or education received in M-1 status; cannot change to F-1 status, and other restrictions.

Spouses and children of M-1 students are eligible for derivative M-2 status/visas pursuant to the M-1 student’s status/visa.  Derivative M-2 spouses and children are admitted to the United States for the same duration as the M-1 student.   Derivative M-2 spouses and children are not eligible for work authorization.

J-1 Exchange Visitor

The J-1 classification is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing, lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

J-1 visitors obtain this status as a result of being in a U.S. Department of State designated J-1 program.  A designated sponsor program supervises the application process and is the main point of contact throughout the exchange program process.  The program sponsor issues the DS-2019 to the J-1 visitor in order to secure the J-1 nonimmigrant visa at the U.S. Consulate or Embassy.

Eligibility criteria varies per sponsored program.  However, ALL participants must satisfy English language proficiency and insurance requirements, as well as maintain a residence abroad.

Examples of some authorized J-1 activities are:

• Au Pair

• Summer work travel

• Professor and Research Scholar

• Short-term scholar

• Camp counselor

Spouses and children of J-1 students are eligible for derivative J-2 status/visas pursuant to the J-1 exchange visitor’s status/visa.  Derivative J-2 spouses and children are admitted to the United States for the same duration as the J-1 exchange visitor.   Derivative J-2 spouses and children are eligible for work authorization, however their income may not be used to support the J-1 exchange visitor.

In some circumstances, J-1 exchange visitors are subject to the 2-year foreign residence requirement, under INA Section 212(e).  Section 212(e) states, in part, that:

(e) No person shall be admitted under section 101(a)(15)(J) or acquiring such status after admission

(i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence,

(ii) who at the time of admission or acquisition of status under section 101(a)(15)(J) was a national or resident of a country which the Director of the United States Information Agency, pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or

(iii) who came to the United States or acquired such status in order to receive graduate medical education or training shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L) until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States.

In other words, those J-1 exchange visitors subject to Section 212(e), may not apply for an immigrant visa, permanent residence or an H or L visa unless they have resided and been physically present in their country of nationality or last country of residence for at least two years following departure from the United States.  You may be eligible to waive the two-year foreign residence requirement under certain circumstances, such as with a showing of extreme hardship, no objection from your home country or request by an interested government agency.