FREQUENTLY ASKED QUESTIONS      

To view a list of FAQs by category, please choose a topic below:

US CITIZENSHIP & IMMIGRATION SERVICE

For answers to FAQs regarding immigration matters handled through the US Citizenship & Immigration Service, click here.

DEPARTMENT OF STATE

For answers to FAQs regarding matters handled through the Department of State, click here.

F-1 VISA

1. What is an F-1 Visa?

For an overview regarding F-1 visas, along with a list of necessary documentation, and FAQs, please see our temporary visa webpage on F-1 visas. You can access that page quickly by clicking here.

SEVIS is an acronym for Student and Exchange Visitor Information System. It is a computer system responsible for issuance of Form I-20s (for F-1 and M-1 students and their dependants) as well as Form 2019 (for J-1 foreign nationals). In addition, the SEVIS system is responsible for monitoring the status of students and exchange visitors (and their dependants) in F, J or M status. SEVIS went into effect in January, 2003. Information in SEVIS is schared among varous agencies, including the Department of Homeland Security and the Department of State.

F-2 children cannot work and cannot attend college (post-secondary school), but may attend private elementary and private secondary schools.

F-2 spouses cannot work, and cannot attend school full-time at any level. If an F-2 spouse attends school on a part-time basis, it must be avocational or recreational in nature.

Please see the 'Documents' section of our F-1 visa page.

Technically speaking, the answer is “yes” – a B-2 non-immigrant may change status to F-1. The application likely will be scrutinized due to intent issues. If the USCIS determines the B-2 non-immigrant had the intent to study or enroll in school prior to entering the US, the change of status to F-1 may be denied. If the USCIS determines the intent to study was formed after the foreign national came to the United States, then (assuming all other eligibility requirements are met) the B-2 can change status to F-1. Note, however, that if the individual then travels abroad and wants to re-enter the U.S. in F-1 status, the foreign national will need to obtain an F-1 visa outside the United States. The consular officer could deny the F-1 visa if he determines that the student misrepresented his intentions in obtaining his B-2 visa or in entered in the U.S. as a B-2 visitor. Nevertheless, the B-2 foreign national who files for a change of status may not enroll in school until the change of status is approved. If a request for change of status is made during the foreign national's first thirty days in the U.S., there is a strong presumption that the foreign national misrepresented his true intentions when he applied for the visa or when he entered the U.S.

When a student is admitted to the United States as an F-1 student, he will receive a Form I-94 marked “D/S”. This means that the F-1 student is authorized to remain in the United States for the duration of his status, i.e. the period of time it takes for the student to complete the education program, plus any authorized practical training and an additional 60 days.

Generally speaking, no. F-1 students are generally required to attend school on a full-time basis, which is defined as 12 credit hours per semester. In limited instances, the Designated School Official (DSO) can authorize a reduced course load (less than 12 hours), but the student must first obtain permission from the DSO or risk falling out-of-status.

Depending upon the F-1 student's exact situation, there are four employment options for F-1 students: on-campus employment, off-campus employment, Curricular Practical Training (CPT) and Optional Practical Training (OPT).

On-Campus Employment is incident to F-1 status, and requires no USCIS approval. The student may work up to 20 hours per week during school, and can work full-time during breaks and holidays. F-1 students can work as soon as they arrive on campus, but the work must provide services to the campus community.

Off-Campus Employment requires that the F-1 student have been in F-1 status for at least nine months, and that the student can show unforeseen circumstances and hardship beyond his or her control, such as theft, loss of aid, or medical bills. The student must then obtain DSO certification on his or her I-20, and USCIS approval of Form I-765.

Curricular Practical Training (CPT) can be considered if it is part of the F-1 student's curriculm and if the student has been in F-1 status for at least nine months. CPT requires DSO endorsement on the Form I-20, but does not require USCIS approval. CPT is unlimited in duration, but if an F-1 student participates in CPT for more than twelve months, then he or she will not be eligible for Optional Practical Training (OPT).

Optional Practical Training (OPT) is available to F-1 students having been in F-1 status for nine months or longer, as long as the student did not participate in more than twelve months of CPT. Students may participate in OPT after the completion of each level of education, i.e. Bachelors, Masters and Ph.D, and the OPT must be related to the student's major field of study. No offer of employment is required; however the student must obtain DSO endorsement on Form I-20 and USCIS approval of Form I-765. It is recommended that students wishing to participate in OPT file Form I-765 with the USCIS three months prior to the completion of their studies so that the USCIS will have time to adjudicate the Form. All OPT must be completed within fourteen months of finishing school.

If a student in F-1 status falls below a full course load (12 credit hours) without the approval of the DSO, the student will need to get his or her F-1 status reinstated. The student should request reinstatement within five months of the violation of status, and show that he or she intends to pursue or is pursuing full-time studies. In addition, the student must show that the violation as out of his or her control, that he or she has not previously fallen below a full course load, and that he or she has not performed unauthorized work. The student must file Form I-539 and Form I-20 with the USCIS district office having jurisdiction over the school's location. If the reinstatement is denied, the student is considered out-of-status and will begin accruing unlawful presence.

M-1 VISA

1. What is an M-1 Visa?

For an overview regarding M-1 visas, along with a list of necessary documentation, and FAQs, please see our temporary visa webpage on M-1 visas. You can access that page quickly by clicking here.