General Immigration Information

Last Updated: January 15, 2020.

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An immigration officer will issue you an I-94 card at the port of entry when you arrive in the U.S. The I-94 card shows your F-1 status (which refers to the non-immigrant status given to you by the USCIS to enable you pursue your program of studies) and your authorized stay. This means that you can stay in the U.S. legally to complete your education. On the completion of your program of studies, you are entitled to a year of OPT/CPT and a 60 day grace period before returning to your country of origin or country of permanent residence.

In a situation where you are not able to complete your program of studies within the period of time stipulated in your Form I-20, your status is no longer valid unless you are allowed some additional time by the foreign student advisor of your school to complete your program of studies. However, you are required to apply for additional time at least 30 days before the expiration of the duration previously stipulated in your Form I-20. If your application is accepted, you will be given an additional one year to finish your educational program.

If you are out of status as an alien student, it is possible for it to be reinstated if you request for reinstatement from USCIS and if you meet the requirements. For your request to be considered, you have to provide the following documents:

• Form I-20
• Filing Fee
• Form I-94 (for yourself and each member of your family)
• Form I-539 (with a red inked notation at the top right hand side to show that you are filing it for reinstatement purposes)
• Supporting statement which must indicate that you are pursuing or will pursue a full-time program of study; that you have not done unauthorized work; that the violation of F-1 status was a result of situations beyond your control; that you will be subjected to extreme hardship if your status is not reinstated; and that you are not in deportation or removal hearings

Note that as an alien student with F-1 status, you do not need to apply for an extension of stay. You are permitted to remain in the U.S. even with an expired F-1 visa in so far as you are pursuing a full-time program of studies and you are maintaining your status. You cannot renew your visa while in the U.S. Visa renewal can only be done outside of the U.S.

However, if as a result of medical reasons or compelling academic reasons, you have a need to extend your stay, you and your DSO should complete the Form I-538 of USCIS. The form should be sent to the student data centre of USCIS at least 30 days before the end of the program of study as stipulated in your form I-20.

For detailed information on the options available to you and for expert help on your immigration process, you should contact our office and speak with our experienced and professional attorney.

Last Updated: January 15, 2020.

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Before you apply for the F-1 visa, you need to obtain the I-20 form from the university or institution you want to attend. A university or school will only give you admission and the Form I-20 if you satisfy its admission requirements. Each university has its own admission requirements. Check the website of the university or school you want to attend to know its admission requirements before applying for admission. You can also contact the international students’ office or department of the university to find out what is required from you before you are issued an I-20 form. Most schools and universities will require you to provide necessary documents showing that you have sufficient funds to pay for the program and take care of yourself during your study in the U.S. without taking any employment, academic credentials to determine your eligibility for the program, and health insurance to take care of your medical expenses.

Once the school or university is satisfied with your application, you will be issued with the Form I-20, which you will use to apply for an F-1 visa. However, before the Form I-20 is issued, you will be required to pay a non-refundable application fee known as the SEVIS I-901 Fee. Once the payment is made, you will be registered in the SEVIS, which is an acronym for Student and Exchange Visitor Information System. The university will now issue you the I-20 form, which the consular officer will ask for on the interview day. You are ready to apply for your F-1 visa when you receive your I-20 form.

F-1 visa application is made at the U.S. Embassy or Consulate in your country of origin or the country of your permanent residence. You can also apply for an F-1 visa at any U.S. Consulate in other countries. However, it is advisable to apply for an F-1 visa in your country of origin or country of permanent residence because it is easier to be issued an F-1 visa if you apply at the country of your origin.

The process of application may not be the same in all countries. So, it is advisable that you check the website of the U.S. Embassy in your country, country of permanent residence, or the country you want to apply from to find out the application process. Generally, applicants are required to pay a non-refundable visa application fee, complete and the print the Form DS-160 after making the visa application payment, and then attend an interview in the U.S. embassy.

The interview is the final stage of the F-1 visa application process. The U.S. embassy or Consulate where you make the application will schedule the interview. The wait time for the interview depends on a number of factors including season, location, type of visa, and others. You are advised to apply for the visa on time in order to avoid any delay. The visa will be issued if you have all the supporting documents and you are able to satisfy the consular officer during the interview.

Note that you can be issued an F-1 visa in advance of 120 days before the date of the beginning of your program. However, you are not allowed to enter the U.S. with the F-1 visa until 30 days before the beginning of your program.

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Last Updated: October 19, 2021.

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How to spend a limited amount of time in the United States.

Most visitors to the U.S. are required to apply for a type of visa from their home countries, before arriving in the United States.

Where to Apply

Locate the consulate nearest you that is authorized to issue the type of visa you want. The U.S. Department of State's website can help you find a consulate near you and provides other helpful immigration information. Be sure to check your local consulate's website where you can find helpful information about hours and application procedures. Some consulates require certain applications to be submitted only by mail, not in person so it's important for you to look into that before applying.You must do all or part of the visa application process in the country where you live. U.S. embassies and consulates outside your home country will typically refuse to accept your application unless you can show a compelling reason why you are unable to apply from your home country. If for example, the U.S. has no diplomatic relationship with the government of your homeland, another country's U.S. consulate may take your application. Check with the embassy or consulate where you want to apply.

How to Apply

For certain types of visas, such as visitor visas, applying involves simply filling out a few application forms and attending an interview at the embassy or consulate (though the final decision may be delayed while security checks on you are completed).For student visas, applying is a two-step process. First, you must find a school to admit you and send you a specific form. Then you take that form and your own application to the U.S. consulate. Check out this article to learn more about the application process for a student visa.For most work visas, applying is a three or four-step process. First you must find a U.S. employer willing to sponsor you. Then, your employer must file paperwork with the U.S. Department of Labor (for H-1B and H-2B visas) and an office of U.S. Citizenship and Immigration Services (USCIS), requesting permission for you to apply for a visa. After your employer gets USCIS approval, the third step is for you to file an application for a visa at the U.S. embassy or consulate in your home country.Personal Interviews Are LikelyEven if you submit your application by mail, you will later probably have to go to the embassy or consulate for a personal interview. (For security reasons, the U.S. government was requiring more personal interviews than ever before although the COVID-19 rules have changed how certain embassies and consulates process cases.) Contact the U.S. embassy or consulate in your country to learn its requirements and Covid-19 procedures.

How Long You'll Wait

Nothing happens as fast as it should in the world of visa applications. Especially during Covid. For example, while you used to be able to get tourist and student visas in as little as a day, this is rarely true anymore. Many embassies and consulates now require you to you mail in your application and then come in for an interview later.For more help on applying for a visa, consult one of the following Nolo books:

• U.S. Immigration Made Easy, by Ilona Bray
• Student and Tourist Visas: How to Come to the U.S., by Ilona Bray.

The F-1 visas are issued to international students primarily to enable them study in the U.S. Thus, there are strict restrictions on employment for students with F-1 visas. However, they are allowed to engage in certain types of compensated employments. The U.S. Citizenship and Immigration Service (USCIS) defines a compensated employment as a type of work done in order to get some benefits, which include off-campus, on-campus, part-time and full-time work.

Students with F-1 status require employment authorization if they are paid or given any benefits such as hourly wage, salary, books, fees, transportation, supplies, and the likes in exchange for the work they do or if the persons usually holding their positions are paid. F-1 visa holders are also allowed by USCIS to work under the optional practical training (OPT) and Curricular Practical Training (CPT) to enable them practice what they studied for sometime before returning to their country of origin or country of permanent residence.

Limitation on employment

There are some limitations on the employment of students with F-1 Visas which include the following:

• Holders of F-1 visas are limited to 20 hours of work per week when their schools are in session. However, during vacation periods, they can work as long as they want. There are no limitations on work duration during these periods.
• Students with F-1 visa working under OPT or CPT are not expected to work for more than 12 months. The 12 months work periods can be used for both OPT and CPT.
• Students working under OPT are not allowed to accrue over 90 days of unemployment
• Students in Science, Technology, Engineering and Mathematics (STEM) are permitted to take a 29 month employment under OPT. This is in compliance with the interim order passed on 8 April, 2008.

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Last Updated: January 15, 2020.

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Though your employment option is limited, you are allowed to take off-campus, on-campus, part-time, and full-time employment under certain conditions. You can discuss your employment options with a foreign student advisor of your university or school. Below are various employment options for international students with F-1 visas and their requirements.

On-Campus Employment

As a foreign student, you are permitted to take on-campus employment under the following conditions:

• You must be in good academic standing.
• You must not work more than 20 hours per week when your university is in session. (There are no limitations on work duration during vacations periods.)

On-campus employments includes work given and paid for by the university that issued you the Form I-20, work done for a business inside the school premises which is providing services directly to the students, and work done in another place that has educational affiliation with your university (the off-campus employment must constitute an integral part of your program of studies in the university).

Off-campus employment

Students with an F-1 visa can take off-campus employment under CPT for a period of one year. The eligibility for off-campus employment includes the following:

• You must have completed 2 semesters of studies (excluding summer) with F-1 status.
• The work to be done must be an integral part of your program of study.
• You should have been registered for internship for academic credit.
• You must have an internship job offer.

There are no limitations on work duration for full-time off-campus employment. But if you have a part-time off-campus employment, you are limited to 20 hours or less of work per week.

Note that you are no longer eligible to apply for post-completion optional practical training (OPT) if you are given the authorization to take a full-time employment for one year under curricular practical training.

OPT pre-completion of studies employment option

To be eligible for OPT pre-completion of studies employment you must have completed 2 semesters of studies, excluding summers, as F-1 status. Your employment also must be related to your area of studies. There is no limitation on work duration during vacation periods but you are limited to 20 hours of work per week when the school is in session.

Note that the time spent for work during pre-completion OPT employment is part of the 12 months post completion OPT given by USCIS to international students with F-1 visas. Thus, the number of months remaining is the number of months you will work during your post-completion OPT.

OPT Post Completion of Studies Employment

It has the same eligibility and work duration with OPT pre-completion of studies employment option.

Note that if you complete your program and take up another higher degree program, you are entitled to additional 12 months of OPT.

Employment with an international organization

Students with F-1 visas are allowed to work for recognized international organizations in so far as their F-1 visa status is still valid. There are no limitations on work duration for such employment.

Severe Financial Hardship Employment

International students with F-1 visas who are facing serious financial hardship may be allowed to work if the financial needs result from unforeseen circumstances. Secondly, they should have tried other employment options and none worked out for them. They are also required to obtain approval from the International Student Services (ISS) office. Employment under severe financial hardship has no limitation during vacation periods. However, students working under financial hardships are limited to 20 hours of work during the academic year.

For detailed information on the options available and for expert help on your immigration process, reach out to our live-chat team!

Last Updated: January 15, 2020.

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International students studying in the U.S. with F-1 status can travel outside of the U.S. However before you travel out of the country, there are some documents that you should check in order to determine your eligibility to return to the U.S. You must make sure that your I-20 form is still valid. You should also notify the DSO for the endorsement of your Form I-20. For your I-20 to be endorsed, you have to meet certain requirements. Evidence of your health insurance and current details of your financial support will be required. You are also required to provide evidence of your current student status, your passport, Form I-20, I-94, and other necessary immigration documents. Detailed information about your planned travel (such details as the mode of transportation, destination, reason for the travel, and duration of the travel) is also required. If you are traveling with your dependants who are F-2 visa holders, they will be also required to provide the above-mentioned documents. You should also ensure that your F-1 visa is still valid. If it has expired, then you have to apply for a new visa at the U.S. Embassy in the country you visited or your country of permanent residence or your country of origin.

However, if you are going to stay outside of the U.S. up to 5 months and above, it is advisable that you first discussed it with your counselor before you travel. This is because, before you will be allowed to re-enter the U.S. in order to continue with your studies, a new I-20 has to be issued to you. There are also special DHS rules guiding such travels. These rules have to be applied, as well.

For detailed information on the options available to you and for expert help on your immigration process, you should contact our office and speak with our experienced and professional attorney.

Last Updated: January 15, 2020.

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You are given the F-1 status and visa primarily to enable you pursue your education or attend a program of study in the U.S. and you are expected to pursue this purpose. But if you later have a change of purpose, you can change your F-1 status to the non-immigrant status you want in so far as you meet the requirements. Getting a new status can be challenging and somewhat stressful. There are two different ways through which you can change your F-1 status to another non-immigrant status. The following are your options:

Option 1:

Apply for a new visa outside of the U.S. As visas are not issued in the U.S., if you prefer applying for a new visa, you have to leave the United States to your country of origin or your country of permanent residence or another country of your choice. Apply for a new visa that will enable you to obtain the new status you want. The advantage of this option is that it does not take much time for the new visa and new status to be issued. Secondly, you will achieve two things at the same time, a new visa and a new status. However, it can be expensive given the travel expenses.

Option 2:

You can also change your F-1 status in the U.S. If you prefer changing your status in the U.S., you are required to apply for a change of status to the U.S. Citizenship and Immigration Services (USCIS). If your application is accepted, a new status will be issued to you but your visa will not be changed because visas are not issued in the U.S. It may take up three to six months for your application to be processed. As you cannot start pursuing your new objective until your status is changed, it is advisable that you apply for a change of status some months ahead of the start date of your new program.

When you apply for a change of status in the U.S., you are expected to remain in the U.S. until your application is processed and a new status is given to you. If you travel out of the U.S., the application will be cancelled. If a new status is given to you and you travel out of the U.S., you are required to obtain a visa stamp that will suit the new status, unless you take a short trip of not more 30 days to Mexico or Canada.

Note that it is possible for your application for a change of your F-1 status to be denied. If it is denied, you may be required to leave the U.S. immediately. You are not eligible to change your F-1 status if you have reached the expiration date of your authorized stay. A violation of the terms and conditions of your current status also disqualifies you from applying for a change of status.

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Last Updated: January 15, 2020.

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If you are planning for a J-1 visa interview you need to schedule for an interview, pay your application fee in advance, and collect and prepare your documents.

• Schedule for an interview: Individuals between the ages of 14 to 79 years are required to have a J-1 interview. Those who fall out of this age bracket need not have an interview. The interview has to be scheduled with the U.S. embassy or consulate. It is essential to schedule the interview well before the start date of the program, because the wait time varies from region to region and based on the visa type and time of application.
• Payment of application fee: A non-refundable fee of $160 USD has to be paid prior to the interview. Those who participate in the exchange visitor program through the DOS, USAID, or a federally funded education or cultural program need not pay the fee. A copy of the receipt has to be submitted during the J-1 visa interview.
• Collect and prepare your documents: There are various documents that are to be carried to the interview. Failing to bring any of the documents may lead to denial of the J-1 visa. Here are the documents that you need to carry with you to the interview:
  • Passport
  • Form DS-160
  • Visa application fee
  • Photo
  • Form DS-2019
  • Form DS-7002: for training and intern category
  • Original interview appointment letter
  • School and college certificates
  • Evidence of employment or family ties
  • Evidence of financial ability to pay: This includes documents that showcase that you have sufficient funds to cover all the travel expenses and other expenses.

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Last Updated: January 15, 2020.

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Denials of J-1 visas are quite rare in some countries, but they do occur. The DS-2019 (Certificate of Eligibility) granted by the sponsor does not guarantee that the U.S. consulate will issue a J-1 visa. There are certain criteria based on which the consulate or the U.S. Embassy determines whether the candidate is eligible for entry into the U.S. Some of the most important factors that determine eligibility are:

• The intent of the applicant to remain in the U.S for a limited period of time: The applicant must prove non-immigrant intent during the interview process by responding correctly to the related interview questions. The applicant must also explain the nature of the program for which they wish to enter U.S. and how the program fits into the career plan.
• Evidence of funds: The interviewers want the applicant to provide evidence for enough funds in order to cover all the expenses in the U.S. This can be done by providing proof of contributions from the sponsor or proof of personal finances.
• Evidence of social and economic ties abroad: Proper proof for return of the applicant to the home country has to be provided. The consular officer wants to ensure that the applicant has strong reasons to return back to his country of origin. Proof of social and economic ties such as minor children, large family and dependents, business ties, religious and social associations, and valuable property ownership are to be provided.

Although denials of J-1 visa are rare, it is essential to prove your intent and eligibility thoroughly during the interview.

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Last Updated: January 15, 2020.

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Individuals who move to the U.S. on a J-1 visa need to understand the various privileges and limitations of a J-1 visa.

The following are some of the privileges that J-1 visa holders are entitled to:

• Individuals can participate in an exchange visitor program that is approved by the U.S. Department of State.
• J-1 visa holders can move in and out of the U.S. during the visa period. They can also stay in the U.S. continuously until the expiration of their visa.
• J-1 visa holders can take their dependents, including their spouse and unmarried children under the age of 21 with them to the U.S.
• J-1 visa holders can get work permits for their relatives who accompany them.

There are some limitations to the J-1 visa. The following are some of the disadvantages:

• J-1 visa holders must restrict themselves to the purpose for which the visa was approved. For instance, if an individual moves into the U.S. to study, it is essential that they not partake in any other activities without prior approval.
• Before any individual can apply for the J-1 visa, they should be a part of the program that is approved by the DOS.
• An exchange visitor, who is participating in a certain kind of program, must return to their home country for at least two years before being permitted to apply for a green card. An alternative is to this is to change status to another non-immigrant category.

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