F-1 visa: academic students
First and foremost, a person applying for an F Visa must have a foreign residence with no intention of abandoning it. Applicant must be a “bona fide” (real) student that will pursue a full course of study. Applicant can only study in an institution designated by him and approved by the Attorney General. The school, in return, must comply with certain reporting requirements. Applicant must have sufficient financial support, meaning an applicant should get someone in the United States to sign an Affidavit of Support (Form I-134). A person who obtains an F-1 Visa may not reduce their course load below a full course of study without first obtaining permission, unless an exceptional circumstance applies (discussed later).
The F-1 Visa is issued by a Consul. Consular Officers will verify SEVIS I-20 (required form) and the data on the SEVIS system before issuing a visa.
A person that has entered this country on a B-1 or a B-2 (tourist) visa must first change their status to F-1 and then begin their studies. This sort of a restriction is only limited to the visitors visa and does not apply to other non-immigrant visas.
All students are admitted a maximum of 30 days before the program start date. If changing status, a person will be given duration of status for period needed to complete one educational program including progression to higher levels if accomplished in accordance with special procedures by Department of Homeland Security. The duration of status is calculated by taking the time it will take to complete the educational program including the practical training and adding 60 days to that. The 60 days can be used to prepare for departure or transfer to another school. In cases where an F-1 Visa holder is applying for an H-1B Visa (professional worker) and the H-1B cap has been reached, the duration of status may be extended beyond 60 day period until the next fiscal year, which starts October 1 of each year.
If an F-1 student wishes to transfer schools, then they are allowed to do so. They must meet the original requirements listed above and, in addition, they must begin classes at a new school within 5 months from transferring out of the current school or within 5 months of the program completion, which ever is earlier.
An F-1 student may withdraw from school, in which case they are given 15 days to depart. If someone fails to obtain permission to withdraw, then they are not given the 15-day grace period to depart.
As far as employment is concerned, an F-1 student is not allowed to work during the first academic year (9 months) except for on-campus work, which can begin as soon as the student is admitted in F-1 status. Students who transfer after being given work authorization need new authorization to work. After the first academic year, a student in good standing may obtain employment off campus if: (1) student can establish severe economic hardship caused by unforeseen circumstances beyond the student’s control; or (2) a student is offered employment by a recognized international organization.
While school is in session, an F-1 student is only allowed to work 20 hours a week. They are only permitted to work when it will not displace U.S. workers. When school is not in session, F-1 students are permitted to work full-time. On campus employment is not permitted if the course of study is completed, unless it is practical training.
Employment authorization is obtained by filling out Form I-765. Likewise, F-1 students may obtain a social security card. The student must submit evidence of age and identity, an I-20, a current I-94 and evidence of authorization to work and full-time attendance at school.
If an F-1 student is employed without authorization, or not pursuing full course of study, or transfers schools without permission or fails to complete the full course of study in time and is ineligible for a program extension, he/she is out of status and subject to deportation. A student who drops below a full course of study without prior approval is considered out of status. A student who is out of the country for more than 5 months should be terminated from the SEVIS database. If the student wishes to re-enter, a new SEVIS I-20 must be issued.
There are several situations where a student is considered to be in status even if not engaged in full course of study. These situations include: (1) student remains for summer or annual vacation, so long as they are eligible and intend to register for the next term; (2) student is ill and a medical condition interrupts their study or reduces their course load below the full course load as long as the total time does not exceed 12 months; (3) less than a full course load is taken for a valid academic reason; (4) less than full course of study is taken during the final semester to complete their studies; (5) student is enrolled in more than one approved schools and a combined work load equals to a full work load.
An F-1 student will not be considered an overstay until a CIS officer or an Immigration Judge has made a determination that a status violation has occurred. Where such determination exists, an F-1 visa holder may not simply leave the country and re-enter with his SEVIS I-20. He must return home and obtain a new visa. Students may be reinstated by filing Form I-539 accompanied by a properly completed SEVIS Form I-20 demonstrating that: (1) student has not been out of status for more than 5 months or that there were exceptional circumstances and that the request was filed as promptly as possible; (2) no repeated or willful immigration violations; (3) student is pursuing or intending to pursue a full course of study; (4) student has not engaged in unauthorized employment; (5) student is not deportable for any grounds other than being out of status; (6) establishes that violation resulted from a situation that was beyond the person’s control. Reinstatement is generally a discretionary matter. For more information on student visas, please contact an experienced immigration attorney.