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F-1/M-1 student visa
F-1/M-1 student visa overview
The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is for academic studies, and the "M" visa is for nonacademic or vocational studies. If your course of study is less than 18 hours a week and is incidental to your primary purpose of travel, then you will not need a student visa.
I-20 form
An F-1 or M-1 visa may be issued only to an applicant who presents a properly completed and valid Form I-20 A-B, Certificate for Eligibility of Nonimmigrant (F-1) Student Status for Academic and Language Students or Form I-20 M-N, Certificate for Eligibility of Nonimmigrant (M-1) Student Status for Vocational Students. Form I-20 is the basic document required to support an application for a student visa F-1/M-1. It is a three-page document, which can only be produced through the Student and Exchange Visitor Information System (SEVIS) the Department of Homeland Security (DHS) database developed to collect information on F, M visa holders. Each document is printed with a unique identifier known as a "SEVIS ID Number" in the top right-hand corner, which consists of an "alpha" character (N) and up to eleven numerical characters (e.g. N00002123457). These forms are issued only in the United States by approved institutions to students who will pursue a full course of study. DHS has authorized schools to reproduce the forms locally.
Adequate financial resources
F-1 student. An applicant must provide documentary evidence that sufficient funds are, or will be, available to defray all expenses during the entire period of anticipated study. In case education lasts more than one year a prospective student must provide the Consular Officer with documentary evidence that sufficient funds are available to defray all expenses during the first year of study; and adequate funds have to be available for each subsequent year of study from the same source of from one or more other specifically identified and reliable financial sources.
M-1 student. All applicants for M-1 visas must present evidence that they have immediately available to them funds or assurances of support necessary to pay all tuition and living costs for the entire period of intended stay.
Public primary and secondary schools
As of November 30, 1996, F-1 visas cannot be issued to persons seeking to enter the United States in order to attend public primary schools. Primary school means kindergarten through 8th grade (up to 14 years of age).The issuance of F-1 visas to students seeking to attend public high schools is restricted, but not prohibited. Secondary school is deemed to be grades 9-12 (starting 15 years of age). Two new additional criteria were imposed on intending F-1 students at public high schools:
(1) They cannot attend such school for more than 12 months; and
(2) They must repay the school system for the full, unsubsidized, per capita cost of providing the education to him or her.
Persons who violate these restrictions may not receive another visa for a period of five years. The restrictions apply only to students holding F-1 visas. They do not apply to students attending public school on derivative visas, such as F-2, J-2 or H-4 visas. There are no such restrictions on attending private schools.
Authorized period of stay. Grace period
A prospective F-1 student may apply for an F-1 visa as early as possible, however the period, during which student visa may be issued, is 120 days before the program start date. F-1/M-1 student can be admitted to the United States within the thirty days prior to the beginning of a program date as given on a Form I-20. A continuing student is not subject to this restrictions. When an F-1 student enters the United States on a student visa, he/she will usually be admitted for the duration of his/her student status. That means a student may stay as long as he/she is a full time student, even if the F-1 visa in the passport expires while an F-1 student is in the U.S. A valid I-20 form confirms a legal student status in the U.S. However, if an F-1 student departs the U.S. with an expired visa, he/she will need to obtain a new one before being able to return to the U.S. and resume studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate in the home country.
A student who has completed the course of studies shown on the I-20, and any authorized practical training, is allowed the following additional time (known as a "grace period") in the U.S. before departure:
F-1 student - An additional 60 days ("grace period"), to prepare for departure from the U.S. or to transfer to another school. M-1 student - An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The period of stay for an M-1 student, whether from admission or through a change of nonimmigrant classification, is the time necessary to complete the course of study indicated on Form I-20 plus 30 days within which to depart, or 1 year, whichever is less.
F-2/M-2 spouse and/or child falls under the same program terms as their F-1/M-1 principal alien. A student who desires an early entry must qualify for, and obtain, a visitor “B” visa.
Optional Practical Training
F-1 student. An F-1 student may otherwise apply for off-campus practical training in a job related to his or her major area of study, during vacations (full time), or for not to exceed 20 hours a week during the school year, after completion of all course requirements for graduation (not including thesis or equivalent), or after completion of all requirements. Such training must be completed within 14 months. In addition to approval by the DHS, the student must obtain an Employment Authorization Document (EAD). If the student interrupts the employment for a brief trip abroad, both the unexpired EAD and the endorsed Form I-20, ID will be required for re-entry to complete the training.
M-1 student. An M-1 student who desires temporary employment for practical training must apply on Form I-538. The student submits the application to the DHS office having jurisdiction over the school the student was last authorized to attend. If approval is granted, DHS will endorse the student"s Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status-For Vocational Students with the dates the authorization for practical training/employment begins and ends.
Employment
F-1 student. On-Campus Employment: An F-1 student may accept on-campus employment in an enterprise operated by or on behalf of the school if a U.S. resident will not be displaced as a result. Locations suitable for on-campus employment may be physically separate but must be educationally affiliated with the established curriculum and the employment must be an integral part of the student’s educational program. The employment may not exceed 20 hours a week while school is in session and the student must be enrolled on a full-time basis. A student authorized to work on the above basis may work full-time when school is not in session, including during the student's vacation, if the student is eligible and intends to register for the next term or session. The student may not engage in on-campus employment after completion of the course of study, except in cases where the employment is deemed to be practical training.
Off-Campus Employment: An F-1 student may not accept off-campus employment at any time during the first academic year of study. (The "first academic year of study" means the first nine (9) months in student status.) A student in a program longer than one (1) academic year must seek authorization from the designated school official (DSO) for off-campus employment of not more than 20 hours a week. Such employment authorization is automatically terminated if the student fails to maintain status. The designated school official must certify that:
(1) The student has been in F-1 status for one full academic year;
(2) The student is in good standing and carrying a full course of study;
(3) The student has established that acceptance of employment will not interfere with the full course of study; and
(4) The prospective employer has submitted a labor and wage attestation or the student has established a severe economic necessity for employment due to unforeseen circumstances beyond the student’s control.
If a student who has been granted off-campus employment authorization temporarily leaves the country during the period of time when employment is authorized, such employment can be resumed upon return. The student must, however, be returning to the same school.
M-1 student. Except for temporary employment for practical training an M-1 student may not accept employment.
F-2/M-2 dependents. The F-2/M-2 spouse and children of F-1/M-1 student accordingly may not accept employment.
Break in studies
Students who are not studying but remain in the United States.
An individual admitted in F-1 or M-1 status to study in the United States who is transferring between schools or programs is no longer regarded to be in student status if classes are not resumed within five months of the date of transferring out of the previous school or within five months of the date of program completion, whichever is applicable. No formal finding of loss of status needs to be made. In order for that student to restore lawful status, he/she must apply for reinstatement of student status with the Bureau of Citizenship and Immigration Services (USCIS). USCIS has the option to approve or deny reinstatement of student status. The student is considered to be out-of-status from the time that reinstatement is denied; the student must immediately depart the United States.
Students who depart the United States while in valid student status.
Students who are enrolled in schools in the United States will often take a break from studies and return home for a semester or more. When a student has been out of the country for more than five months, the student"s F-1 or M-1 visa would be considered to be invalid. After an absence of more than five months, an alien is no longer admissible as a continuing student. Because a student who has been out longer than five months can be found inadmissible, that student"s F-1 or M-1 visa is subject to cancellation and should not be used, even though it remains valid on its face. A student who wishes to resume study in the United States must obtain a new visa. In order to apply, the student should either obtain a new I-20 from the school or verify that his/her previous I-20 remains valid and SEVIS record is in active status before applying for a new F-1 or M-1 visa.
Authorized extended break in studies.
Students who have the approval of their schools to take an extended break from study must have their SEVIS record terminated for Authorized Withdrawal.
When the student is ready to resume study, the school will issue the student a new initial Form I-20 with a new SEVIS number. These students must pay the SEVIS I-901 fee.
Some students depart the United States for extended periods of time for activities related to their course of study, such as field research.
Schools are expected to maintain those students in an active SEVIS status. Since these students continue to maintain their student status while overseas, their F-1 visas are not considered being invalid after an absence of more than five months.
F-2/M-2 spouse and/or child of F-1/M-1 student
F-2/M-2 spouse and/or minor children who are following to join an F-1/M-1 student must be issued their own Form I-20 by U.S. educational institution.
F-2/M-2 spouse and/or child fall under the same program terms as their F-1/M-1 principal alien. However, they are not allowed to enter the U.S. before the principal alien enters. F-2/M-2 dependents can be admitted to the U.S. along with their principal alien or later.
A child qualified for an F-2/M-2 is not qualified as a nonimmigrant student even though the child will attend school while accompanying the principal alien. F-2/M-2 children are allowed to attend public schools.
F-2/M-2 dependents are exempt from the SEVIS fee payment.
The F-2/M-2 spouse and children of F-1/M-1 student accordingly may not accept employment.
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