F-1 Student Visa (Academic Programs)
International students can come to the United States to pursue full-time program to study at an accredited U.S. college, university, a language training program, seminary, conservatory, academic high school, elementary school, or other academic institution.
M-1 Student Visa (Vocational Programs) International students may enter the United States in M-1 status to study in a vocational or other nonacademic program.
Tuition, Financial Support and Visa Availability
International students are generally required to pay full tuition and show sufficient foreign funds to support their education and living expenses. There is no numerical limit controlling the number of international students can be accepted in F-1 or M-1 status.
Maintenance of Status and Compliance
Study, stay and employment of these students in the U.S. is strictly regulated for international students. In order to complete their programs and to remain eligible for immigration benefits, these students must maintain lawful status at all times.
Authorized Exceptions
In limited circumstances, certain requirements like course load, and employment may be temporarily relaxed with prior authorization.
Loss of Status and Reinstatement
Student status can be lost due to unintentional mistakes or misunderstandings of complex regulations. In some cases, this could be cured by return after a brief departure from the United States, alternatively the student could request student status reinstatement.
Practical Challenges for International Students
Many foreign students, are young and inexperienced, far from family support and are without much financial resources. Academic or personal difficulties - even over one or two semesters, can place the student at the risk of getting out of school or falling out of status or both. Emotional stress and lack of guidance can lead to a decision that may adversely impact future immigration options, making timely advice necessary.
When to Seek Guidance and Legal Advice
International students should seek guidance from their Designated Student Officer (DSO) at the international student advisor's office at the first sign of difficulty.
Student visa matters are time-sensitive, and delays can quickly limit available options. Prompt guidance is critical, as there is often little time to correct a status violation once it occurs. It is usually better to act sooner than later. Most student issues can be resolved by a knowledgeable DSO.
However, because student visa regulations intersect with U.S. immigration law, it is often advisable to consult an immigration attorney, particularly when travel, employment, reinstatement, or long-term immigration consequences are involved.
Do not ignore ongoing issues or attempt to resolve them on your own if a problem persists for more than a few days.
Common Student Visa Questions Requiring Legal Guidance
You may benefit from legal advice if you facing questions such as:
- I am graduating or completing my course of study. Will I be able to return to U.S. after travel abroad?
- I am completing my program and have a job offer. Is it OK to travel abroad briefly and return to U.S. before starting work?
- I intend to go to a different educational institution than originally listed on my I-20. Can I change my college/ university?
- Can I drop a course and fall below a full time student?
- I dropped out of school. Can I return to my College/ University and regain or maintain lawful status?
- I did not enroll in school because of financial difficulty. What are my options to get back in school?
- My family, in my home country, is facing financial difficulties. May I work and continue studying in F-1 status?
- My school is under ICE investigation for fraud. What are my options to stay in U.S. and attend classes?
- I am an international student. Is my dependent allowed to attend school?
- I may have engaged in unauthorized work? What are the consequences?
- Am I eligible for employment authorization based on severe economic hardship?
- I already have an EAD. Is it still valid and under what conditions?
Importance of Timely Legal Advice
Mistakes involving travel, employment, enrollment, or school transfers can have serious and lasting immigration consequences. Early legal guidance can help evaluate options such as reinstatement, travel strategies, employment authorization, or lawful alternatives to remain in or return to the United States.
Consulting an immigration attorney early can help protect your current status and future immigration opportunities.
Contact the Lawyer for advice.
Optional Practical Training and Employment Authorization
Employers participating in Optional Practical Training - including STEM OPT must follow specific regulatory guidelines. These include adherence to filing deadlines and establishing a training plan, and complying with ongoing obligations when employing students in "STEM OPT" status.
EAD correction can be sought where OPT is approved for a period less than the full period because of the requirement that it must be completed within 14 months, when the full amount of time for OPT is 12-months.
EAD Timing Delay and USCIS Policy
During periods of extraordinary processing delays, USCIS has in the past exercised discretion to prevent students from losing OPT time due to agency backlogs. For example, in February 2021, USCIS temporarily allowed certain OPT approvals to reflect the full period recommended on the Form I-20 despite delayed adjudication. Such flexibilities were time-limited and policy-specific, and students should not assume similar treatment will apply absent current USCIS guidance.
Economic Hardship Employment Authorization
International students from countries that suffered political unrest, armed conflict or natural disasters may be eligible to apply for employment authorization based on economic hardship to family member in their home country depending upon current country conditions and USCIS guidance.
In addition, individual student circumstances such as unexpected economic loss or substantial changes beyond student's control may also qualify for economic hardship work authorization.
Frequently Asked Questions
FAQ 1
Q: Can I regain F-1 status after falling out of status?
A: In some cases, an out of status student can request reinstatement of student status if the status violation was because of circumstances beyond student's control. Not all violations are eligible for reinstatement. Eligibility depends upon timing and nature of violation, continued enrollment.
FAQ 2
Q: Can I travel abroad while OPT is pending?
A: Yes, but return is risky. Student must have the required documents and depends upon the status of OPT request and individual student's circumstances.
FAQ 3
Q:Can F-1 students work while studying?
A: yes, under limited conditions depending upon type of employment, such as on-campus work, CPT, OPT and economic hardship employment authorization. Off-campus employment must be related to course of study.