General Immigration Information

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.

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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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Last Updated: January 15, 2020.

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The J-1 visa holder must move out of the U.S. and stay in their home country for a period of two years in order to be eligible for a green card or to apply for an immigrant status. Exchange visitors who move into the U.S. on a J-1 visa can get their two years foreign residency requirement waived off. In order to get the requirement of the section 212 (e) of the Immigration and Nationality Act (INA) waived off, you must meet certain criteria.

There are five statutory bases provided by the U.S. Department of State that may be used by J-1 visa holders to waive the foreign residency requirement. They are as follows:

• No objection letter by the government of the home country: The foreign residency requirement can be waived if the home country’s government provides a “no objection certificate” stating that it does not object to the waiver of the two-year foreign residency requirement. A “no objection certificate” is not available to medical interns who received training in the U.S.
• Threat of persecution: If the alien will be subject to persecution upon return to his or her home country, the two-year foreign residency requirement can be waived. The J-1 visa holder must provide proof that he or she will be subject to persecution upon return. The threat of persecution must be on one or more of the following grounds in order to obtain the waiver:
  • Race
  • Religion
  • Political opinion
• IGA request: The J-1 visa holder can get the waiver of the two-year foreign residency requirement if the Interested Government Agency (IGA) shows interest in the J-1 visa holder’s stay in the U.S. This is possible if the J-1 holder works on a project for the agency or if the alien is working on a project that is of interest to the agency. The IGA is a U.S federal government agency. This request must be agreed upon by both the DOS and the USCIS in order to get the waiver.
• Hardship: If the two-year foreign residency requirement imposes hardship on the dependents of the J-1 visa holder or if the spouse or child is a U.S citizen, then the foreign residency requirement may be waived.
• Upon request by a Designated State Health Agency: If the J-1 visa holder is a medical practitioner working as a full-time doctor in a hospital, he or she is then eligible for the two-year foreign residency requirement. This can be completed upon the request by the Designated State Health Agency. The person will qualify for the waiver if he accepts work for 40 hours per week, for a period of 3 years. The person must also begin work within 90 days after the approval of the waiver.

Upon a recommendation from the DOS, the USCIS can waive the requirement. Obtaining a recommendation from the DOS involves a four-step process.

• A data sheet must be submitted to the DOS waiver review division. Two stamped, self-addressed envelopes and the appropriate fee have to be submitted along with the data sheet.
• The DOS then sends the case number and the instruction sheet, depending on the type of waiver indicated on the data sheet.
• Form I-612 must be filed with the USCIS for persecution and hardship waivers. If granted by the U.S., the information is then transmitted to the DOS. For other categories, the application must be sent to the agency or the foreign government.
• The application will be reviewed by DOS and the recommendation will be forwarded to the USCIS. A copy of the recommendation will be sent to the applicant and the J-1 sponsor. The USCIS grants the persecution or hardship waiver and forwards it to the DOS. The waiver review division of the DOS reviews the program, foreign relation aspects, and the policies of the case.

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, 2025.

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Prior acceptance to an Exchange Visitor Program and a sponsoring organization is essential in order to obtain a J-1 visa. If a non-immigrant wishes to take advantage of the J-1 program, the alien must satisfy the following criteria:

• The non-immigrant must fall under one or more of the J-1 categories
• They must have sufficient funds for the trip to the U.S.
• They must be fluent in English
• They must have a residence abroad and they must not possess any intention for abandoning it
• They must have sufficient medical insurance

To get a J-1 visa, the individual has to apply for it at the U.S. embassy or consulate in their home country. Once they receive the visa, they can enter U.S. up to 30 days before the program date. Here are the steps to obtain a J-1 visa:

• The sponsor will provide a DS-2019 form, which is a Student and Exchange Visitor Information System (SEVIS). The Form DS-2019 is the certificate of eligibility and it has to be submitted to the U.S. consulate or embassy.
• The Form DS-156, which is the non-immigrant visa application, has to be submitted.
• Male applicants and applicants from countries like Iran, Cuba, Syria, Libya, Sudan, and North Korea have to submit the Form-157, which is the supplemental non-immigrant visa application. It provides details of your travel plans.
• DS-158 which contains the details of work history and contact information has to be submitted.
• A valid passport, a 2x2 photograph, and a non-refundable fee of $160 USD per visa application have to be submitted along with the above documents.

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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The duration of stay for J-1 visa holders depends on the visitor exchange program. There are maximum duration limits for each J-1 category. The categories and the duration of stay are as follows:

• College professors: 36 months
• Research scholars: 36 months
• Teachers (primary and secondary schools): 36 months
• Flight aviation program trainees: 24 months
• Business trainees: 18 months
• Students: College and university students are provided 18 months of training period in case of baccalaureate/masters degree and post-doctoral students are provided a period of 36 months.
• Government and international visitors: 12 months
• Au pair: 12 months
• Summer work: 4 months

The J-1 visa can be extended by the original J-1 sponsor who issued the Form IAP-66. A new IAP-66 has to be completed in order to extend the duration of stay in the U.S. In this case, the sponsor must notify the DOS regarding the extension. There is no need to notify the USCIS. Extension is possible only if the duration falls within the maximum duration of stay for that particular category.

For professors and researchers, a special extension is applicable for a duration of 6 months, even after completing the three years of maximum duration. If the sponsor requires the professor or the researcher to stay in the U.S. for an additional period, they can do so upon their own discretion. This does not require approval from the DOS or USCIS. Professors and researchers can also apply for an extension period through the DOS. This must be done 90 days prior to the expiration of the three-year period of stay.

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