Student Based Visa
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General Information on the F (Student) VisaTraining and Employment
Financing the Education
Employment
General Information on the F (Student) Visa
A Student Visa, generally known as an F-1 visa, is available to foreign students who intend to pursue a full course study in an accredited educational program in the United States. Vocational school students may seek an M visa, for which the procedure and conditions are very similar to the F visa. Certain restrictions exist with regard to foreign students precluding them from attending a public elementary or high school, or publicly funded program, requiring reimbursement to the school of cost for their attendance. In all other cases of private programs whether elementary, high school, college, or graduate studies, the F-1(or M Visa) may be applicable.
Alien students who desire to study in the United States should obtain admittance at the educational facility in the United States and should be prepared to apply, in most cases, at the U.S. embassy located in their home country. They should be able to prove to the consulate several preconditions, including proficiency in the English language, availability of funds to cover the expenses while in the United States, and ties to their country (to convince the consulate that the student will return to their home country upon the completion of their studies).
Foreign students are not allowed to have dual intent, in that they cannot apply to study in the United States while at the same time maintaining the intent to immigrate permanently to the United States. Rather, they must show ties to their home country and willingness to return. This stems from the presumption under U.S. immigration law that all aliens are intending immigrants, unless they can prove otherwise. Overcoming immigrant intent can be a difficult requirement. It is often the cause of denial of the application for many foreign students.
Furthermore, recent changes in entry requirements have created significant delays for F Visa applicants. These delays should be considered when applying at the Consulate for a visa.
Once a foreign student is admitted to the United States, it is important that this person maintain valid status. This is achieved generally by pursuing the required courses of study under which the individual was granted the visa. This also requires compliance with other elements of immigration law, including the prohibition of employment without authorization. However, upon completion of study in the program, the student may remain and work in the United States if he or she has obtained authorization of practical training permission from the school. Also, students are allowed an additional 60 days following the completion of their studies or practical training for traveling within the U.S. and arranging travel home, as necessary.
Students are granted a term of stay in the U.S. for the Duration of their Status. This provision allows them to stay in the United States without having a certain conclusion date for their stay. A student may remain without renewal, as long as they are making progress toward their expected degree, and graduate as expected. Further, during their stay in the U.S., students can transfer to other schools (provided prior permission is obtained).
Training and Employment
Generally speaking, part-time on-campus employment by F-1 students does not require the approval of the Bureau of Citizenship and Immigration Services. Off-campus employment, however, is prohibited without USCIS approval. This usually requires a showing of need, and is not routinely granted. Often, businesses will hire students completing their F-1 during their optional practical training period.
Practical training for F-1 students is generally granted for two kinds of training: pre-graduation practical training and post graduation practical training. Both types of practical training have to be completed within fourteen months of the completion of the courses of study and the total optional practical training cannot exceed twelve months.
The post graduation optional practical training application begins with a request to the foreign student advisor. This is followed by an application to the Immigration Service within a time of up to 120 days prior to the commencement of employment and up to 60 days following the completion of studies. The student should, however, contact the foreign student advisor for either type of training as soon as possible to get more details as there are often complexities, and the training must be approved by the USCIS before the student's status expires. Application to change status to another category, such as H-1B status, may be available at the end of this authorized period of stay.
Some aliens may attempt to utilize other visas to come to this country, such as a visitor's visa with the intention that they will thereafter apply for an F-1 visa once they are in the United States. It should be noted that this is generally viewed as improper and would be grounds for rejection of the application by the Immigration Service. Those who intend to study in the United States should declare that intent to the Consular Officer upon the application for the visa in the U.S. consulate in their home country.
Finance
Immigration regulations require that foreign students must demonstrate that they have funds currently available at their disposal for the coming academic year prior to obtaining the F-1 student visa. The student must also demonstrate that barring any unforeseen change in circumstances, adequate funds would be available in the same amount throughout the student's academic program.
The reason for the above is that foreign students, with certain exceptions, are generally not allowed to work and therefore a foreign student must show the ability to fund herself for at least the coming year. Therefore, it is important to document the availability of financial resource sufficient to pay for the student's education without the need for the student to resort to unauthorized employment. Detailed documentation is needed for the upcoming academic year as well as a showing that adequate funds will also be available throughout the entire academic program.
Normally, foreign students are expected to show the ability to pay for educational expenses through the personal funds of the student, financial aid from the student's government, funds from the student's family, financial aid by the school itself, and possibly financial aid from private organizations. Financial help from persons other than immediate family members or one of the above listed entities may raise questions at Consular Offices regarding the extent of the actual obligation by the sponsoring persons for extending support. Thus, support from non-family members is likely to be questioned. In this situation, the student should be ready to answer questions regarding the reasons for sponsorship.
Because most financial support statements rest in large part on bases of moral obligation as opposed to a legal obligation, the more attenuated the relationship between the student and the sponsor, the less weight is given to the Sponsorship Application. It is quite possible that the Consul may insist on having additional documentation, affidavits of support, and sworn statements regarding the sponsorship so as to create potential bases for a legal, and not only a moral obligation.
In addition to financial ability, students are required to have non-immigrant intent. Therefore, the U.S. Consul has the right to investigate the student's ties to her home country. The law presumes that every person desiring to enter the U.S. is an intended immigrant unless proven otherwise. Therefore, it is the student's burden to prove that she has ties to her home country (for example, family ties) and that her overall status provides credence to the claim that the student will return. If the Consul is not convinced that she will return to there at the end of her studies, the Consul Officer is not authorized by law to grant her a student visa. Because such determination is quite subjective, it is difficult to tell in advance whether a Consul will or will not approve a student visa.
Employment
U.S. Employment for academic students under the F-1 visa is a very complicated area and depends on a number of variables. Generally speaking, F-1 student employment can be divided into two categories: on-campus employment and off-campus employment.
On-campus employment is one that takes place on the school's premises or at an educational institution affiliated with the school and which is part of the school's educational program. Generally speaking, on-campus employment is allowed without the Immigration Service's approval for up to 20 hours a week while school is in session and full time when the school is not in session.
On the other hand, off-campus employment (outside the school or affiliated educational institutions) is more difficult to have approved and is allowed only in few situations. One situation is employment based on severe economic hardship. As a basic requirement, a student cannot apply for off-campus employment until after finishing one academic year (usually nine months). The request thereafter must be based on severe economic hardship caused by "unforeseen circumstances beyond the student's control," such as loss of financial aid, currency fluctuation, unexpected increase in tuition, loss of on-campus employment, medical bills, etc. Off-campus employment is permitted for up 20 hours a week while school is in session and full-time when the school is not in session. This employment is different from another type of employment called Curriculum Practical Training and Optional Practical Training, which allow students to work either as part of their educational program or to do training at the end of their program (after graduation) before leaving back to their country.
