10:00 - 6:00
Opening Hours Mon. - Fri.
407.392.0209
Schedule a Consultation
Facebook
Twitter
Instagram
  • Home
  • Our Team
  • Practice Areas
    • Citizenship/Naturalization
    • DACA & Other Exceptions
    • Deportation Defense
    • Family Petitions
    • Humanitarian Options & Asylum
    • Investor Visas
    • Marriage & Fiancee Visas
    • Visa Extensions
    • Student Visas
    • Waivers
    • Work Visas
    • LGBT Fiance Visa & Immigration
  • News & Resources
    • News & Updates
    • Immigration Resources
  • Our Clients
  • Contact
407.392.0209

Student Visas

February 27, 2017AsteraLawResources

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.

Related Posts

SCOTUS strikes down citizenship law because of different treatment based on parent’s gender

July 21, 2017AsteraLaw

FAQ Fridays

August 10, 2017AsteraLaw

Non-immigrant Investor Visas

March 12, 2017AsteraLaw

74 Comments. Leave new

what can you drink on keto diet
August 6, 2021 9:57 am

a keto diet https://ketorecipesnew.com/

gay 12 year olds dating signt
August 9, 2021 12:24 pm

man hunt gay chat dating site https://gaydatingzz.com/

gay dating saigon
August 9, 2021 8:25 pm

gay asians dating latinos https://freegaychatnew.com/

only dating gay
August 10, 2021 7:33 pm

gay couple dating https://gaychatus.com/

nyc free online gay dating
September 1, 2021 6:48 pm

gay sydney dating https://gaychatgay.com/

gay black dating service
September 8, 2021 8:01 pm

gay online dating sites https://datinggayservices.com/

gay dating tips how to find
September 8, 2021 10:42 pm

arab gay dating site https://gayedating.com/

gay hiv positive dating sites
September 9, 2021 7:24 am

gay sex dating game https://gayonlinedating.net/

gay mormon dating sites
September 9, 2021 10:07 am

gay dating sites ads https://dating-gaym.com/

gay dating in se nebraska
September 10, 2021 10:24 pm

dating sites gay women https://gay-singles-dating.com/

gay twink dating
September 11, 2021 10:43 am

long beach dating line gay https://gaydatinglosangeles.com/

website to write essays
September 28, 2021 10:32 pm

writing a essay https://essaywritercentral.com/

admission essay writing
September 29, 2021 12:01 am

write a descriptive essay https://essayghostwriter.com/

pay someone to write your essay
October 11, 2021 9:52 pm

argumentative essay writing https://essaysnet.com/

write my essay.com
October 13, 2021 6:16 am

writing college essays for money https://essaypoints.com/

writing a reflection essay
October 14, 2021 10:22 pm

write essay service https://onlinecasinos4me.com/

wri­te an ana­ly­sis essay
October 14, 2021 11:25 pm

writing analytical essays https://online2casino.com/

bonus casino
October 26, 2021 6:27 pm

online casinos no deposit bonus https://onlinecasinoad.com/

casino games that pay real money
October 27, 2021 2:43 pm

casino games win real money https://casinoonlinet.com/

free welcome bonus no deposit casino
October 27, 2021 6:29 pm

free money no deposit https://casinosonlinex.com/

write essay service
October 30, 2021 6:10 am

esl essay writing https://multiessay.com/

reflective essay on writing
October 30, 2021 7:48 am

pay to write my essay https://dollaressays.com/

writing a essay about yourself
October 30, 2021 8:04 am

writing an opinion essay https://buy1essay.com/

write essay for you
October 30, 2021 8:45 pm

write analysis essay https://student-essay.com/

porn games sex
November 24, 2021 12:04 pm

sex games full version https://cybersexgames.net/

3d sex games like house party
November 24, 2021 11:35 pm

sex games with stepsis and friends https://sexgameszone.com/

romantic sex games
November 26, 2021 12:28 pm

japanese tv sex games https://sex4games.com/

erotic pleasure sex games
November 26, 2021 12:57 pm

sex games with girlfriend https://sexygamess.com/

virtual sex games for android
November 26, 2021 5:49 pm

princess peach sex games https://sexgamesx.net/

1filthiness
June 22, 2022 1:04 pm

2elections

2abjectly
June 22, 2022 2:12 pm

1recipes

1downtown
July 4, 2022 5:49 pm

3offline

1militarism
July 4, 2022 6:23 pm

3opposite

ma dissertation writing service
July 5, 2022 11:56 am

writing tutor https://professionaldissertationwriting.org/

dissertation writing plan
July 5, 2022 2:25 pm

uf dissertation format https://professionaldissertationwriting.com/

dissertation writing tutors
July 5, 2022 5:11 pm

dissertation proposal sample https://helpwithdissertationwritinglondon.com/

writing paper
July 5, 2022 7:45 pm

writing phd dissertation https://dissertationwritingcenter.com/

what is dissertation
July 5, 2022 11:26 pm

psychology dissertation https://dissertationhelpexpert.com/

thesis dissertation
July 6, 2022 12:57 am

dissertation help services https://accountingdissertationhelp.com/

writing a dissertation introduction
July 6, 2022 4:34 am

writing phd dissertation https://examplesofdissertation.com/

best dissertation writing
July 6, 2022 5:36 am

masters dissertation https://writing-a-dissertation.net/

dissertation format
July 6, 2022 8:36 am

doctoral dissertation https://bestdissertationwritingservice.net/

dissertation writing grants
July 6, 2022 11:40 am

dissertation proposal writing help https://businessdissertationhelp.com/

example of dissertation
July 6, 2022 1:52 pm

writing a dissertation literature review https://customdissertationwritinghelp.com/

dissertation help near me
July 6, 2022 6:08 pm

what is dissertation https://writingadissertationproposal.com/

dissertation chapters
July 6, 2022 8:43 pm

phd dissertation peer reviewing help https://dissertationhelpspecialist.com/

cheap dissertation writing
July 6, 2022 11:38 pm

creative writing course in mumbai https://dissertationhelperhub.com/

dissertation help service binding
July 7, 2022 1:57 am

all but dissertation https://customthesiswritingservices.com/

free casino slot games online
July 25, 2022 4:08 pm

new online casino no deposit bonus https://download-casino-slots.com/

minimum deposit online casino
July 25, 2022 5:52 pm

choctaw casino online https://firstonlinecasino.org/

msn zone online casino
July 25, 2022 9:34 pm

online casino free bet https://onlinecasinofortunes.com/

online casino dealer
July 25, 2022 11:42 pm

caesar casino online nj https://newlasvegascasinos.com/

mi online casino
July 26, 2022 1:49 am

online casino spain https://trust-online-casino.com/

free online casino games
July 26, 2022 3:35 am

best online casino for us players https://onlinecasinosdirectory.org/

what is the best online casino
July 26, 2022 6:31 am

wind creek casino online games https://9lineslotscasino.com/

popular online casino
July 26, 2022 8:36 am

online casino reviews usa https://free-online-casinos.net/

usa real money online casino
July 26, 2022 12:30 pm

online casino that accepts visa https://internet-casinos-online.net/

newest pa online casino
July 26, 2022 1:47 pm

paypal online casino https://cybertimeonlinecasino.com/

betmgm online casino
July 26, 2022 4:38 pm

mohegan sun online casino bonus code https://1freeslotscasino.com/

free sign up bonus online casino
July 26, 2022 7:46 pm

san manuel online casino real money https://vrgamescasino.com/

canadian online casino
July 26, 2022 9:31 pm

sugarhouse online casino pa https://casino-online-roulette.com/

slots wynn online casino
July 27, 2022 1:00 am

harrington online casino https://casino-online-jackpot.com/

casino spiele online spielen
July 27, 2022 4:13 am

resorts casino online https://onlineplayerscasino.com/

instant withdrawal online casino usa
July 27, 2022 6:12 am

free online casino slot machines https://ownonlinecasino.com/

online casino bookie
July 27, 2022 9:42 am

speaking rock casino online gambling https://all-online-casino-games.com/

jacks entertainment online casino
July 27, 2022 11:49 am

real money online casino pennsylvania https://casino8online.com/

open source vpn
August 7, 2022 11:04 am

best vpn for torrenting https://freevpnconnection.com/

free vpn software
August 7, 2022 1:49 pm

the best vpn free https://shiva-vpn.com/

most popular vpn service
August 7, 2022 4:28 pm

download express vpn https://freehostingvpn.com/

vpn best buy
August 7, 2022 7:14 pm

free vpn for ipad https://ippowervpn.net/

best personal vpn
August 7, 2022 8:51 pm

gaming vpn free https://imfreevpn.net/

turbo vpn for pc
August 7, 2022 11:17 pm

vpn for windows free https://superfreevpn.net/

best vpn multiple devices
August 8, 2022 1:51 am

what’s the best vpn https://free-vpn-proxy.com/

best free vpn for torrenting
August 8, 2022 3:38 am

best vpn windows 2017 https://rsvpnorthvalley.com/

Recent Posts

  • FAQ Fridays August 10, 2017
  • DHS Provides Relief to American Businesses in Danger of Suffering Irreparable Harm July 21, 2017
  • Employment Based Non-Immigrant Visas July 21, 2017
  • SCOTUS strikes down citizenship law because of different treatment based on parent’s gender July 21, 2017
  • DACA – Deferred Action for Childhood Arrivals March 15, 2017
  • Extensions of Stay/Status March 14, 2017
  • Family Petitions March 13, 2017
  • Non-immigrant Investor Visas March 12, 2017
  • Naturalization March 11, 2017
  • Student Visas February 27, 2017

Archives

  • August 2017 (1)
  • July 2017 (3)
  • March 2017 (5)
  • February 2017 (2)

Categories

  • Blog (4)
  • Resources (7)

Tags

asylum business citizenship deportation family FAQ Fridays H1B immigration investor social Sponsored strategies Student Video visas
ABOUT ASTERA LAW GROUP

At Astera Law Group, we focus exclusively on the practice of immigration law. We have a passion for guiding our clients through their immigration journey and we do it well.

Our connection with the immigration process is a personal one. All of our founding members are either immigrants or have a direct immigrant connection. Thus, our Slogan: by Immigrants, For Immigrants.

PRACTICE AREAS
  • Citizenship/Naturalization
  • DACA & Other Exceptions
  • Deportation Defense
  • Family Petitions
  • Humanitarian Options & Asylum
  • Investor Visas
  • Marriage & Fiancee Visas
  • Visa Extensions
  • Student Visas
  • Waivers
  • Work Visas
  • LGBT Fiance Visa & Immigration
CONTACT US
Office Address:
3361 Rouse Rd, Suite 130
Orlando, FL 32817
Phone: 407.392.0209
Email: info@asteralaw.com
Facebook
Twitter
LinkedIn
Avvo

© Copyright 2017. ASTERA LAW GROUP. All Rights Reserved. POWERED BY COMMETA