Recommended Readings:

• 10 Tips for Applying for a nonimmigrant visa (including an F-1 visa)
• New Rule on Optional Practical Training (OPT)
• F-1 Foreign Students' Responsibilities While on 17 Month STEM Extension OPT
• Automatic OPT Extension for H-1B CAP GAP F-1 Students

An F-1 visa is issued to foreign students who come to the United States to pursue a full course of study in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs.

Summary of Key Points of F-1:

• All F-1 students are required to sign their I-20 forms outside the U.S., prior to their entry. By signing the I-20 form, students acknowledge that they understand and will maintain F-1 regulations. Further, the student's signature on the I-20 form waives their right to privacy with regard to the USCIS. It permits the school who issued the I-20 to release any information to USCIS, which is needed to determine if a student is maintaining F-1 status.
• All students who enter the U.S. on an F-1 student visa are required to attend the school whose name appears on the I-20 form. If they fail to do this, they are "out of status". Students who transfer to another school, must complete the appropriate paperwork to alert USCIS, otherwise, they are also "out of status".
• All students on an F-1 visa must maintain a full academic load, excluding vacation periods. A full academic load is defined in the following three ways:
  
  A. Undergraduate: minimum of 12 credits

          B. Graduate: minimum of 9 credits

          C. ESL: at least 18 hours of classes per week

• Any type of off-campus employment for an F-1 student is prohibited unless permission is first received from the USCIS and/or the Department of Labor.
• All F-1 students who change educational levels (i.e. - from undergraduate to graduate) are required to report that change to Immigration. Failure to do so places a student out of status.
• All F-1 students who change schools (transfer) are required to report that change to Immigration. Failure to do so places a student out-of-status.
• All F-1 students who leave the U.S. for purposes of vacation can only return if their F-1 visa is valid, and if their Foreign Student Advisor has signed their I-20, authorizing their return to the school named on the I-20.
• All F-1 students are required to report a change of address to Immigration within 10 days of its occurrence.
• All F-1 students are required to keep passport valid for at least six months, and to have their I-94 cards in their possession at all times.
• After September 11, 2001, you will be subject to removal if you are found not attending the school you have registered. You must act quickly to "reinstate" your status. Talk to the foreign student advisor at your school now!

A "full course of study" means:

(A) Postgraduate study or postdoctoral study at a college or university, or undergraduate or postgraduate study at a conservatory or religious seminary, certified by a designated school official as a full course of study;

(B) Undergraduate study at a college or university, certified by a school official to consist of at least twelve semester or quarter hours of instruction per academic term in those institutions using standard semester, trimester, or quarter hour systems, where all undergraduate students who are enrolled for a minimum of twelve semester or quarter hours are charged full-time tuition or are considered full-time for other administrative purposes, or its equivalent, except when the student needs a lesser course load to complete the course of study during the current term;

(C) Study in a postsecondary language, liberal arts, fine arts, or other non- vocational program at a school which confers upon its graduates recognized associate or other degrees or has established that its credits have been and are accepted unconditionally by at least three institutions of higher learning which are either: (1) A school (or school system) owned and operated as a public educational institution by the United States or a State or political subdivision thereof; or (2) a school accredited by a nationally recognized accrediting body; and which has been certified by a designated school official to consist of at least twelve clock hours of instruction a week, or its equivalent as determined by the USCIS in the school approval process;

(D) Study in any other language, liberal arts, fine arts, or other nonvocational training program, certified by a designated school official to consist of at least eighteen clock hours of attendance a week if the dominant part of the course of study consists of classroom instruction, or to consist of at least twenty-two clock hours a week if the dominant part of the course of study consists of laboratory work; or

(E) Study in a primary school or academic high school curriculum certified by a designated school official to consist of class attendance for not less than the minimum number of hours a week prescribed by the school for normal progress towards graduation.

Transfer School:

An F-1 student who is maintaining status may transfer to another Service-approved school by following the notification procedure. An F-1 student who was not pursuing a full course of study at the school he or she was last authorized to attend is ineligible for school-transfer and must apply for reinstatement.

To transfer schools, an F-1 student must first notify the school he or she is attending of the intent to transfer, then obtain a Form I-20 A-B from the school to which he or she intends to transfer. The transfer will be effected only if the F-1 student completes the Student Certification portion of the Form I-20 A-B and returns the form to a designated school official on campus within 15 days of beginning attendance at the new school.

Optical Practical Training

Foreign students on F-1(also J-1) visas are eligible to apply for practical training allowing them to work in the United States after completing their degree. The employment must be in the student's field of study. F-1 students may be eligible to work for a period of up to 12 months while J-1 students may be eligible to work for a period of up to 36 months. Students who have been approved for practical training may accept employment.

When to apply: If students apply for practical training 30 to 60 days before graduation, they will receive work authorization in a timely manner.

After receiving approval for practical training, students may accept any employment opportunity which is directly related to their field of study. (The H-1B worker visa/status is employer specific and individuals may only work for the employer who petitioned for the H-1B visa/status).

How to apply? (also applicable to M-1)

The first step is to obtain from the school or academic institution the Form I-20A-B entitled Certificate of Eligibility for Nonimmigrant (F-1) Student Status or the Form I-20M entitled Certificate of Eligibility for Nonimmigrant (M-1) Student Status. Schools and academic institutions which have received United States Government approval to enroll foreign students have the authority to issue these forms. A student visa cannot be processed without this form. Item 11 at the bottom of page one of the form I-20 must be completed and signed by the applicant and submitted together with the following:

1. a passport or other travel document valid for at least six months beyond the period of stay in the United States and with at least one blank page - the six month requirements does not apply to United Kingdom passports;
2. one color passport type photograph;
3. evidence to show that the applicant has sufficient funds to cover all expenses including tuition while in the United States. Such evidence may include detailed bank statements of the student's and/or parents' accounts showing that adequate funds are available for transfer, evidence of scholarships and/or combination of finances which will meet the estimated total expenses, including tuition, of the student's proposed stay in the United States;
4. evidence to show that the applicant has a residence abroad to which he/she intends to return at the end of the stay in the United States. This is generally established by evidence of family, professional, property, employment or other ties and commitments to some country other than the United States sufficient to cause the applicant to return there at the conclusion of his/her stay;
5. applicants may be required to furnish detailed information concerning their academic qualifications. Such evidence may include complete transcripts of grades (marks) and test records for the last four years of school and evidence of TOEFL (Test of English as a Foreign Language) scores.
6. a completed visa application form DS-156 for each person traveling which has been endorsed by a bank showing payment of the visa application fee.
7. a completed supplemental visa application form DS-157 (completed by males aged between 16 and 45 only).

Reminder: No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.  Please read 10 Tips on How to Apply for an F-1 Visa?

Work: It is possible in certain limited circumstances for the holder of an F-1 visa to obtain permission to work in the United States. Holders of M-1 visas may only engage in employment if it is a required part of their practical training and the employment has been approved in advance by the office of the Immigration and Naturalization Service. The spouse and/or children of the holder of an F-1 or M-1 visa may not work on derivative F-2 and M-2 visas; they may, however, study at an academic institution.

Entry & Length of Stay: The holder of a student F-1 or M-1 visa may enter the United States up to 90 days before the designated registration date on the the I-20A-B or I-20M. The holder of an F-1 visa may remain in the United States for up to 60 days following the completion of the course. The holder of an M-1 visa may remain in the United States for the period of time it will take to complete the course of study as indicated on the I-20M plus 30 days, or for one year, whichever is less.

Spouses, Children & Partners: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative F-2 or M-2 visas. The application procedure is the same; the I-20A-B or M covers dependents. If the spouse and/or children apply for visas at a later date, a copy of the principal visa holders F-1 or M-1 visa must be furnished with the application. The holder of an F-2 or M-2 visa may not work on a derivative visa; he or she, however, may study at an academic institution.

Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program.

Partners and common-law spouses should for a visa in his or her own right because U.S. visa law does not recognize common-law relationships; therefore a partner or fiancée(e) is not eligible to apply for derivative visa status.

F-2/M-2 verses F-1: There is no requirement that the spouse and/or children of an F-1 or M-1 visa holder apply for an F-1 visa if they wish to study in the U.S.; they may study on an F-2 or M-2 visa. However, if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

Do you have a valid F-1 visa? If you have a valid F-1 visa you may continue to use it provided you will arrive in the United States before the expiration date shown on your visa and you will carry with you a valid I-20A-B, Certificate of Eligibility for Nonimmigrant F-1 student status from an educational institution. If the educational institution to which you are destined, differs from that for which the F-1 visa was originally issued, you may still travel, provided the I-20A-B is valid. The visa cannot be used if you are traveling as a tourist.

a. When can I apply for Optional Practical Training?

b. Is H-1B the next step I have to take after my practical training?

c. When should I skip my practical training and ask the employer to petition H-1B for me?

d. Can an F-1 student who has valid practical training and an Employment Authorization Document start to work for Company B after Company A obtains an H-1B approval from the USCIS on the F-1 student?

e. Do I have to use practical training (OPT)?

If you find a job in the US and your employer is willing to sponsor your work visa petition, you may qualify for the  H-1B  status. Or contact Xielaw if you have more question about F-1 visa, OPT, H-1B or green card applications.