Who is Eligible?
An alien who has a residence in a foreign country which he/she has no intention of abandoning, who wishes to come to the United States to pursue a course of study at an academic institution accredited by the INS, may qualify for an F-1 visa. The alien must have a valid educational purpose for coming to the United States, and must be able to support himself or herself while in the United States without working.
The applicant must have available sufficient funds and outside financial support to ensure he or she will not become a public charge or accept unauthorized employment. He or she must be proficient in English or receive training to make him or her proficient, intend to depart the United States at the conclusion of his or her studies, and be qualified to attend the particular institution. All students are given permission to be in the United States for "duration of status," that is for the period of time needed to complete the educational program plus 60 days.
At the end of the course of study a period of work authorization may be requested for the purpose of gaining experience in the field of study, known as “OPT “, Optional practical training” for a maximum of a year. If qualified, the student may also change non-immigrant status to a temporary non-immigrant work visa or adjust status to a permanent resident visa.
How to Apply
F-1 visa status may be obtained by making an application directly to a Consular Officer at a U.S. Embassy or Consulate, or, if the applicant is in the U.S. in lawful status, by submitting an application to INS to change his/her status to that of a student. In either case, the applicant must first be accepted at a school that is authorized by the INS to accept foreign students. Such schools may include established colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, or language programs in the United States. The requirements for application vary somewhat depending whether the prospective student applies while abroad, or while physically present in the United States.
To apply for F-1 visa status abroad, the prospective student must submit the following documents to a U.S. Consular Officer:
1. Form OF-156, Application for Nonimmigrant Visa
2. A valid passport
3. Form I-20, documenting that the alien has been accepted for a course of study by a school authorized by the INS to accept foreign students
4. Evidence of financial support sufficient to meet the student’s needs during the course of study
5. Evidence of intention to return to his/her home country upon the completion of the course of study
Duration of Visa
F-1 visa status will be granted for the period of time, or duration of stay required to complete the course of study. The student's Form I-120 will be notated with the expected date of completion of the student's program. If the student fails to meet the program completion date, an extension may be granted if the school certifies that the delay was caused by compelling medical or academic reasons such as illness, or changes in the student's major or research topic. When a student comes into US with F1 visa, he receives I-94, on which it says, DS. DS means duration of status. He does not have to change a visa every time he changes school, all he needs to do is to get another I-20 form from a new school.
Recent changes in F1 regulations.
Summary of New F-1 Regulations Effective January 1, 2003
On December 11, 2002, the then-INS published a final rule titled "Retention and Reporting of Information for F, J, and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS) (4.5MB .PDF file)." The rule took effect on January 1, 2003. Although widely noted as the rule implementing SEVIS, this Federal Register entry also made a number of changes in how students maintain and reinstate status, how and when they can obtain practical training authorization, and a number of other issues.
Optional Practical Training - 214.2(f)(10)
F-1 students now become eligible for a new one-year period of post completion optional practical training ("OPT") when a student changes to a higher educational level. Under the new rules, a student could receive one year of OPT upon completing a Bachelors, then get an additional one year OPT for Masters, and then, if the student newly enrolls in a Doctoral program, the F-1 can get a third year of post completion OPT once the Ph.D. is completed.
Request for Practical Training - 214.2(f)(10)(ii)(C)
The new rule specifies that post completion OPT must be requested prior to the completion of the course requirements or prior to the completion of the course of study. For students requesting summer vacation OPT after the first year of study, the application to the BCIS (after school approval of the student’s request for OPT) may be made up to 90 days prior to the completion of the first academic year.
OPT Procedures under SEVIS - 214.2(f)(10)(ii)(E); 214.2(f)(12)
The new rule establishes that, despite the electronic SEVIS records, and the school’s obligation to verify work and home addresses during OPT as well as dates of OPT in the Department of Homeland Security’s SEVIS records, an EAD card still must be requested and obtained before OPT can commence.
A student in OPT remains in F-1 status and therefore the school is required to update in SEVIS any name, address or employment changes during OPT. The term "employment changes" should not be construed to mean that the student must first get permission from the school or INS prior to changing OPT jobs or employers
Dependents - 214.2(f)(15)(ii)
The new rule states that F-2 dependents may not be enrolled full-time in a degree granting course of post-secondary study. F-2 dependents may be enrolled in elementary and secondary school or any avocational or recreational studies. There is no grandfathering of current F-2s enrolled in college, and all such F-2s must apply for a change of status to F-1 by March 11, 2003.
Name and Address Registration - 214.2(f)(17)
The address change registration required by INA 265 (8 CFR 265.1) is satisfied by SEVIS notification within 10 days (even though the school is not required to update SEVIS data until 21 days after the change), but address changes for students registered under Special Registration (NSEERS) still must be filed separately on the Special AR-11, in addition to SEVIS.
SEVIS F-1 Obligations - 214.3(g)
The school must report the following within 21 days: failure to maintain F-1 status or complete educational program, change in address or name, graduation early or prior to program end date on SEVIS I-20, disciplinary action taken by school. Each semester and no later than 30 days after the deadline for class registration, schools must report the following: whether the F-1 student has enrolled, identification of any F-1 student who has dropped below a full course of study without authorization, the current address of the F-1 student.
Education Privacy - 214.1(h)
The new rule implements 641(c)(2) of IIRIRA waiving FERPA (Family Educational Rights and Privacy Act) for purposes of the school information that is required to be collected under 214.3(g).
Admission Procedures - 214.2(f)(1); 214.2(f)(5)(i)
F-1 students in possession of a valid I-20 Certificate of Eligibility may still utilize such document to be admitted to the U.S. prior to August 1, 2003, as long as the I-20 form was issued prior to January 30, 2003. All F-1 students must be entered into SEVIS (Student and Exchange Visitor Information System) and issued SEVIS I-20s no later than August 1, 2003. Students may be admitted under the new rule no more than 30 days prior to the start of classes. Formerly, the student could be admitted 60 days prior to the start date.
Reinstatement of Status - 214.2(f)(16)
The new rule changes the legal standards for applications for reinstatement of student status. Now, the student must apply for reinstatement not more than 5 months after being out of status. Or, if the application is outside of the 5-month limit, the student must establish that failure to timely file was the result of exceptional circumstances. To have a reinstatement approved, the student must show either that the violation of status resulted from circumstances beyond the student's control or that the violation relates to a reduction in the student's course load that would have been within a Designated School Official's power to authorize and that failure to approve reinstatement would result in extreme hardship to the student.
Grace Periods - 214.2(f)(5)(iv)
Students who have completed their course of study and any authorized practical training have a 60-day grace period after expiration of F-1 status. The 60 days run from the end date of the completion of the course of study or the end date of any authorized practical training, whichever is later. F-1 students who obtain authorization from their school to withdraw from school receive a 15-day grace period. Under the new rules, grace periods explicitly do not apply in any other circumstance.
Reduced Course Load - 214.2(f)(6)(iii)
The new rule establishes that a reduced course load is only acceptable to maintain F-1 status if it is subject to prior approval by the school and includes at least six semester or quarter hours, or half the clock hours required for a full course of study. A reduced course load for less than half time is only acceptable for defined medical reasons (214.2(f)(6)(iii)(B)) or for the final term of study if the school determines that fewer courses are needed to complete the course of study (214.2(f)(6)(iii)(C)).
Program Completion Date - 214.2(f)(7)(ii)
The new rule eliminates the ability of schools to allow a grace period of up to one year to the program completion date.
Program Extension - 214.2(f)(7)(iii)
The new rule requires that program extension must be requested by the student prior to the end date on the I-20. Any student who is unable to complete the educational program before the end date on the I-20, and does not request a program extension prior to the end date on the I-20, is out of status.
On Campus Employment - 214.2(f)(9)(i)
The new rule establishes that F-1 students may not work on-campus more than 30 days prior to the actual start date of classes, for those F-1s making their first F-1 entry to the U.S. Under the new rule, transferring F-1s cannot work on-campus until the receiving school has SEVIS jurisdiction over the student’s SEVIS records.
