MENDOZA & MUELLER

Student Visa (F-1)

What are the benefits of obtaining an F-1 visa at a U.S. consulate?
The F-1 visa allows a foreign national to enter the United States in order to engage in academic studies from elementary school to post-doctoral studies.


What is the process for a student to obtain an F-1 visa?

The prospective student must first obtain a certificate of eligibility (Form I-20 A-B) from the academic institution where he or she plans to attend and submit this document along with a nonimmigrant visa application to the U.S. embassy. Canadian citizens are not required to obtain a F-1 visa from a U.S. embassy to enter the U.S. in F-1 status. They simply apply at a border entry point by presenting Form I-20A-B issued by a school and supporting documents.


How long may a student stay in the United States with an F-1 Visa?

Foreign students are permitted to stay in the United States while enrolled in an academic program. In addition, a student may be allowed to attend practical training and a 60 day grace period to leave the United States.


What are the requirements for a student to obtain an F-1 visa?

1. Must be enrolled in a full course of study;

2. Sufficient means of support to pay all necessary expenses during the entire proposed course of study;

3. Does not pursue a course of study at a public elementary school or in a publicly funded adult education program;

4. The school must be approved by the Attorney General for the attendance of foreign students;

5. The student must be proficient in English or be enrolled in English language courses leading to proficiency; and

6. The student must maintain a residence abroad that he or she has no intention of abandoning and must intend to leave the U.S. upon completion of his or her studies.


May an F-1 visa recipient bring his spouse and children to the United States?

Yes. Spouses and immediate family members of the student may enter the U.S. in the F-2 visa category.


What are the consequences for a student to transfer to a public elementary school or publicly funded adult education program?

As of November 30, 1996, F-1 visas are no longer being issued for study in public elementary schools or a publicly funded adult education program. F-1 students enrolled in a private school or program cannot transfer to either a public elementary school or publicly funded adult education program. If such transfer occurs, the F-1 visa is considered void and the student is in violation of status. All students who violate their status are subject to removal. In addition, such students are inadmissible until they have remained outside the United States for a continuous period of five years.


Are individuals in F-1 status allowed to work while in the United States?

Students may engage in periods of pre-graduation practical training or practical training upon completion of their educational programs, as long as the training is in their field of study. In addition, students may be allowed to work off-campus because of unforeseen economic necessity. These students may work no more than twenty hours per week when school is in session and full-time work during vacation period.

Effective June 10, 1998, students whose means of financial support comes from Indonesia, South Korea, Malaysia, Thailand or the Philippines and who demonstrate sever economic hardship may be authorized to work off-campus. These students can be permitted to work more than 20 hours per week while school is in session, not have been in student status for one full academic year and are not required to maintain a full course of study.

Copyright 2001 Mendoza & Mueller all rights reserved.

Home
  • O-1 Visa for Aliens of Extraordinary Ability
  • P-1 Visa for Athletes and Entertainers
  • B-1 Business Visas
  • B-2 Tourist Visas
  • R-1 Visas for Ministers and Religious Workers
  • TN-NAFTA For Mexican and Canadian Professionals
  • E-B5 Visa for Immigrant Investors
  • V-Visa for Spouses and Minor Children