F-1 Visa Overview

The F-1 visa is known as the “student” visa and is appropriate for people who wish to come to the United States to study. In order to qualify for an F-1 visa, the applicant must enroll in a full course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution approved by the Attorney General after consultation with the Secretary Education.  Determined by a Consular Officer, additional requirements include: (1) Have a residence abroad with no intention of abandoning, (2) Intend to depart from the U.S. upon completion of the course of study, and (3) Possess adequate funds to pursue the proposed course of study.

SEVIS and F-1 Visas

Applicants are encouraged to apply for visas early to provide sufficient time for visa processing. F-1 visa applicants should be aware that embassies are able to issue student visas 120 days or less in advance of the school registration date. All applicants must have a SEVIS generated I-20 issued by an educational institution approved by the Department of Homeland Security, which they submit when they are applying for their F-1 visa. SEVIS is an Internet-based system that maintains accurate and up to date information on non-immigrant students. The school is responsible for entering applicant’s information for the I-20 student visa form into SEVIS. The consular officer will need to verify your I-20 record electronically through the SEVIS system in order to process your student visa application.

F-1 Visa Expiration

Applicants who successfully gain an F-1 visa will usually be admitted for the duration of the visa holder’s student status. Therefore, as long as the F-1 visa holder is a full time student, even if the F-1 visa in his/her passport expires while in the U.S. If an F-1 visa holder has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed an additional 60 days to prepare for departure from the U.S. or to transfer to another school.

How to Apply for an F-1 Visa

An interview at the embassy consular section is part of the F-1 visa application process. Applicants ages 14-79 are required to have an interview and few exceptions exist. Specific appointment scheduling, applicable fees and embassy instructions vary so applicants should be on notice of other prerequisites. In addition, F-1 visa applications are particularly specific to each applicant. Two applicants, for example, both applying for an F-1 student visa to the same school might be asked different questions and required to submit different supporting documentation.

Required Documentation for F-1 Visas

Applicants applying for F-1 student visas must provide the a Form I-20, provided by the school and filled out by the applicant and the school and a Form DS-160, an online application form that is used to gather the necessary application information from a person seeking an F-1 visa. Likewise, applicants need to provide: (1) a valid passport, (2) one 2 x 2 photograph, (3) a receipt to prove payment of the visa application fee, and (4) the SEVIS fee receipt. Applicants should also be prepared to provide: (1) Transcripts/diplomas from previous institutions attended, (2) scores from tests required by the educational institution such as the SAT, GRE, etc., and (3) financial evidence that shows applicant or applicant’s sponsor has sufficient funds to cover tuition and expenses during the period of intended study.

Application Fee for an F-1 Visa

There is also a $140 non-refundable processing fee for F-1 visa applications.

Dependents of an F-1 Visa Holder

If an applicant desires to bring along his or her spouse and/or children, the applicant may do so. Dependents of an F-1 visa holder will be designated as an F-2. Proof of the F-1 visa holder’s relationship to his or her spouse and/or children is also required i.e. marriage licenses, birth certificates, etc. The spouse must also be one that is recognized by the United States and any children must be under the age of 21 and unmarried to qualify as dependents. It is preferred that families apply for F-1 and F-2 visas simultaneously however, if the spouse and/or children must apply at a different time, a copy of the F-1 visa holder’s passport and visa, along with other required documents, should be available.

Form I-20 for an F-1 Visa

Form I-20 is a SEVP document that provides supporting information for the issuance of an F-1 student visa. An I-20 form is significant because it informs the government that a person is eligible for an F-1 visa. It certifies that (1) An applicant is or expects to be a “bona fide” student, (2) The applicant meets the admissions requirements, (3) Applicant will participate in a full course of study, and (4) The applicant proved that the applicant has enough financial support to study and live in the U.S.

School Transfers on an F-1 Visa

All F-1 visa students are allowed to transfer between SEVP-certified schools. The transfer process is a way to electronically transfer SEVIS records and preserve the same SEVIS identification number for the F visa student. The transfer process sets a date on which responsibility for the student record transfers and helps ensure that the new school updates and activates the student’s record. Once the record has been released to the new school, the Designated School Official at the new school can enter information into the Form I-20.

Record Transfers on an F-1 Visa

SEVP schools must transfer the SEVIS records for any F visa student who has been accepted at another SEVP-certified school. Schools may not refuse to transfer records for a student accepted by another SEVP-certified school for any reason. Please note the SEVIS transfer process is a transfer of SEVIS records only. It does not obligate the school to transfer its own academic records.

D/S and Keeping in Status on an F-1 Visa

“D/S” is the abbreviated version of the term Duration of Study and is found on F-1 visa holder’s passports or I-94’s. Legal status is determined by a student’s I-94 and the expiration date found there, not the expiration date found on that student’s F-1 visa. This means that F-1 visa holders are of status for as long as they are enrolled in a full course load, as indicated on their F-1 visa application and their I-94. As long as the F-1 visa holder continues in a full course load they will keep legal status. Once an F-1 visa student finishes school or drops from full time enrolment, will they have to take extra steps to not fall out of status.

Optional Practical Training on an F-1 Visa

OPT is a temporary employment program that is directly related to an F-1 visa holder’s major area of study. Under the prior rules, an F-1 visa holder could be authorized to receive up to a total of 12 months of training either before and/or after completion of studies. Pre-completion OPT allows F-1 visa holders to participate in training after the visa holder has been enrolled for one full academic year. The pre-completion training must be directly related to the student’s major area of study. Students authorized to participate in pre-completion training must work part-time during the school semester. F-1 students may work full time when on school designated vacations.  Post-completion OPT allows F-1 visa holders to participate in training upon completion of studies. The post-completion OPT must be directly related to the student’s major area of study.

New STEM Program on an F-1 Visa

The new STEM program applies to any F-1 visa holders who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List. If they are employed by employers enrolled in E-Verify and the F-1 visa holder has received an initial grant of post-completion OPT related to such a degree, they may apply for a 17-month extension. This extension of the OPT period for STEM degree holders gives U.S. employers two chances to recruit these highly desirable graduates through the H-1B process, as the extension is long enough to allow for H-1B petitions to be filed in two successive fiscal years.

Applying for OPT on an F-1 Visa

In order for F-1 student visa holders to participate in OPT, they must initiate the process by requesting the Designated School Official at their academic institution to recommend the OPT. The DSO makes such recommendation by endorsing the F-1 visa holder’s I-20 and by making appropriate notation in SEVIS. F-1 visa holders then file an I-765, Application for Employment Authorization Document with USCIS. If approved, USCIS will issue an EAD to the student. The F-1 visa holder may begin pre or post-completion OPT only after approval and an EAD has been issued.

On-Campus Employment on an F-1 Visa

The U.S. government allows F-1 visa holders to work on-campus for up to 20 hours a week during the school year. F-1 students also have the option to work on-campus for up to 40 hours a week during breaks and the summer.

Off-Campus Employment on an F-1 Visa

F-1 visa holders may obtain work authorization due to unexpected, extreme financial hardship. Interested F-1 students must prove they have less money than previously thought, examples include large currency devaluations, political strife in their home country, unexpectedly large medical bills, loss of a parent’s job, etc. Students must apply with USCIS before starting work. Working without following the regulatory guidelines is a serious status violation. Students terminated for unauthorized employment are not eligible for reinstatement. They must leave the United States immediately.

Falling Out of Status on an F-1 Visa

If an F-1 visa holder does not resume studies within five months of the date of transferring schools may lose that status. If a student loses status, and USCIS does not reinstate it, the F-1 student’s visa would also be invalid for future travel to the U.S.

Reinstatement of an F-1 Visa

In order to be reinstated, an F-1 visa holder must submit a Form I-539, Application for Extend/Change of Nonimmigrant Status, to request reinstatement of status.

Grounds for Falling Out of Status on an F-1 Visa

If a F-1 visa holder is away from their studies, whether in or outside the United States, for longer than 5 months the F-1 student will likely fall out of status. Likewise, if an F-1 visa holder works on or off campus in a way that does not comply with strict USCIS guidelines for working F-1 students, they can fall out of status. Continuing to study past the degree completion date on an F-1 visa holder’s I-20 can also lead to falling out of status. Likewise, an F-1 student can fall out of status if they transfer schools without following the appropriate procedure.

Immigration Attorney Assistance with F-1 Visa Application

If you need help with your F-1 visa application, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney.  Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week.  Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California.  Free immigration consultation and advice within 24 hours guaranteed.