General Immigration Information

Last updated: January 15, 2020.

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The presumption in law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for B-1 visas must overcome this presumption by demonstrating that.

• The purpose of their trip is to enter the U.S. for business;
• That they plan to remain for a specific, limited period;
• Evidence of funds to cover expenses for the trip including all travel, accommodation and living expenses during their stay in the U.S. In case of insufficient financial resources to fund the trip, to provide evidence that his or her employer will provide support;
• Evidence of compelling social and economic ties abroad, that the alien has a residence outside the U.S. as well as other binding ties which will ensure his or her return abroad at the end of the visit, and that the alien has a foreign residence that he or she has no intention of abandoning;
• That the alien is not engaged in skilled or unskilled labor, study, or work as a representative of foreign press, radio, film, or other information media; and
• The alien must not be coming to the U.S. to provide services or engage in business activities that are primarily for the benefit of a U.S. employer.

B1 visa is available to visitors coming temporarily to the U.S. to engage in legitimate business activities of a commercial or professional nature. These visa holders may not receive a salary, compensation, etc. from any U.S. source except for reimbursement of incidental travel expenses only.The list of permissible activities under B1 includes engaging in commercial transactions not involving gainful employment, such as taking sales orders or making purchases of inventory or supplies for a foreign employer; negotiating contracts; consulting with business associates; engaging in litigation; or participating in scientific, educational, professional, or business conventions or conferences.The most common specialized activities include persons coming:

• To serve as a personal or domestic servant for a non-immigrant who is on a temporary assignment in the United States, for a U.S. citizen who is subject to international transfers and is in the U.S temporarily, or a U.S. citizen who visits temporarily to the United States but has a residence abroad;
• To participate in an athletic event as a professional athlete who gets remuneration only in the form of any prize money won by the athlete;
• To participate in a voluntary service program which benefits a U.S. local community, who establish that they are a member of, and have a commitment to, a particular recognized religious or nonprofit charitable organization;
• To install, service, or repair, or train U.S. workers to install, service, or repair, equipment or machinery purchased outside of the United States;
• For the purpose of business, which may include conducting negotiations, soliciting sales or investment, and interviewing and hiring staff;
• To perform professional duties that would normally qualify the person for H-1 status except that the alien would not receive any remuneration from a U.S. source;
• To explore the possibilities of setting up subsidiary of a foreign corporation, or to make investments;
• To participate in scientific, educational, professional, or business conventions, conferences or seminars or to conduct research;
• To perform duties including attending board meetings as a member of the board of directors of a U.S. company.

Last Updated: January 15, 2020.

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The following documents will likely be required when you apply for an F-1 visa:

Mandatory documents

Before the interview, you are required to pay a non-refundable visa application fee and then provide the receipt on the interview day. You should also provide one passport photograph, Form DS-160's confirmation page, the original interview appointment letter and a copy of it, the original SEVIS Form I-20 issued to you by a U.S. university, college, or school duly signed by an official of the institution and you, a copy of the Form I-20, Original and a copy of SEVIS Fee Receipt I-901's proof of payment and a valid passport (your passport must be valid for at least six months after your entry into the U.S.; if you just renewed your passport, you have to include your old passport)

Supporting documents

Evidence of sources of finance/income

• You have to provide the following documents as evidence of financial sources:
  • proof of liquid assets and readily available funds to take care of your personal needs and pay for your education
  • employment letter
  • pay stubs

Note that if you are being sponsored by your parents, a family member, any other person, or a business, you have to provide a notarized Form I-134 (Affidavit of Support), tax returns and bank statements of your sponsor covering a period of 6 months. If you took out loans from a bank to pay for your school fees, you should come to the interview not only with the application for the loan but other official documents which can be used to verify the approval of the loan (if only a modest amount is obtained as a loan, you will also be required to show additional liquid assets). If you are given a scholarship by any organization or the university that offers you the admission, your Form I-20 will give details of your scholarship if you have one.

Note that the above-mentioned documents are just suggested documents. Your ability to sponsor your education is not proven by any specific documents. Just come to the interview with all necessary financial documents that show you or your sponsor have adequate funds for your studies in the United States.

Education documents

You should support you application with the original of your academic credentials and certificates, transcripts of your high school diploma or degree transcripts, depending on the program you are doing, approved test scores such as TOEFL, GRE, LSAT, GMAT, and SAT and your grade reports from your previous institution.

Note that you may be able to apply for an F-1 visa if you have not obtained your degree certificate in so far as you provide a provisional certificate and grade reports. If the institution that gave you admission does not require you to take TOEFL or GRE, you should request the university to issue you a letter stating the same.

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, 2025.

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For a tourist visa, they are normally given a six-month visa, which can be extended in some cases for an additional six months. In this category of visa, the applicant's spouse and children must independently qualify for the B-2 visa. Questions on visa application procedures and visa ineligibilities should be made to the American consular office abroad by the applicant. If inquiry concerns a visa case in progress overseas, one should first contact the U.S. Embassy or Consulate handling his or her case for status information. A visa does not guarantee entry into the United States. Immigration authorities have the authority to deny admission and can determine the period for which the bearer of a visitor visa is to be authorized to remain in the United States. At the port of entry, an Immigration official must authorize the traveler's admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is stamped. Visitors intend to stay beyond the time indicated on their Form I-94 must contact the USCIS to request Form I-539, Application to Extend status. The decision to grant or deny a request for an extension of stay is made solely by the USCIS.

Last Updated: January 15, 2020.

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An alien, who is on a visitor visa and wants to take a short course of study of less than 18 hours per week, may be able to do so. However, if the course of study is more than 18 hours a week, he/she will need a student visa. F-1 visa is for nonimmigrants wishing to pursue academic studies and/or language training programs. In most countries, first-time student visa applicants are required to appear for an in-person interview. However, each embassy and consulate sets its own interview policies and procedures regarding student visas.

One should keep in mind that June, July, and August are the busiest months in most consular sections, and interview appointments are the most difficult to get during that period. Therefore, students need to plan ahead to avoid having to make repeat visits to the Embassy.

To enter the United States to attend:You need the following visa category:University or collegeFHigh SchoolPrivate elementary schoolSeminaryConservatoryAnother academic institution, including a language training programVocational or other recognized nonacademic institution, other than a language training programM

Students cannot travel on the Visa Waiver Program or with Visitor Visas

Citizens of Visa Waiver Program (VWP) participating countries who intend to study cannot travel on the VWP or on visitor (B) visas, except to undertake a recreational study as part of a tourist visit. Students must travel to the United States with student (F-1 or M-1) visas.

For short periods of recreational study, a Visitor (B) visa can be used

Enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate, is permitted on a visitor (B) visa.

Study leading to a U.S. conferred degree or certificate is not permitted on a visitor (B) visa, even if it is for a short duration. For example, distance learning which requires a period of time on the institution’s U.S. campus requires an F-1 visa.

Requirements

• The student must be enrolled in an academic education program, not a vocational-type program;
• Educational institution must be approved by U.S. Citizenship and Immigration Services (USCIS);
• The student must be enrolled as a full-time student at the institution;
• The student must be proficient in English or be enrolled in courses leading to English proficiency;
• The student must have sufficient funds available for self-support during the entire proposed course of study; and
• The student must maintain a residence abroad which he/she has no intention of giving up.

The J-1 program aims at promoting the interchange of person, knowledge, and skills. This is applicable to the areas of education, arts, and science and is known as the “Exchange Visitor Program.”

Foreign individuals who want to teach, study, receive training, or demonstrate special skills in the U.S. need to obtain a J-1 visa. The J-1 visa is available for aliens who wish to enter the U.S. under the designation of “Exchange Visitor.”

J-1 visas can either come with a “Home Residency Requirement” (HRR) or without a HRR. However, J-1 visas that require a HRR can be waived under certain circumstances.

In order to obtain a J-1 visa, the sponsor must be accredited through an Exchange Visitor Program, which is designated by the U.S. Department of State (DOS).

J-1 sponsored individuals must fall under any one of these categories:

• Specialist
• College/university student
• Secondary school student
• Government visitor
• International visitor, who need to move into the U.S for the purpose of travel, research, observation, consultation, sharing etc.
• Physician
• Short-term scholar
• Intern
• Au Pair
• Camp Counselor
• Professor and research scholar
• Teacher of primary, secondary and specialized schools
• Summer work travel
• Trainee: Those who obtain eligibility for on-job training in institutions, agencies and firms

The J-1 visa holder is restricted to performing only the activity that is approved by the exchange visitor program. They need to return to their home country and stay there for a period of two years after the completion of the J-1 visa period.

A complete list of the sponsoring organizations is available with the Department of State (DOS.)

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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.

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

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.

For more information, reach out to our Live Chat team! We'd be happy to provide you with additional information.

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!