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Category “F” Visas

Category “F-1” Visa

If you are interested in obtaining an American education but are not a citizen

or legal resident of the United States, you need to obtain a category “F-1” visa.

As with any other non immigrant visa category, it is very important to prove that

the applicant has no immigrant intent. An applicant for an “F-1” student visa

must intend to complete the full course of the academic program and

demonstrate that they have sufficient financial resources to cover the period

of study.

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To obtain an “F-1” student visa, it is necessary to:

  • Find an educational institution authorized to issue Form I-20, i.e., an

  • institution accredited by the U.S. Citizenship and Immigration Services (USCIS) to admit foreign students.

In order for the educational institution to issue Form I-20, the applicant must:

  • Submit an application to that educational institution.

  • Provide documents guaranteeing financial support for the duration of the studies.

  • Meet the requirements of the institution (for example, demonstrate English language proficiency at the required level, as determined by a special test such as TOEFL)​

 

Once the educational institution receives all the necessary documentation from the student, it will prepare Form I-20 and send it to the student. The student visa is issued for the duration of student status (duration of status) and is marked as D/S. Next, you need to schedule an interview at a U.S. consulate online through the U.S. Department of State portal — NIV Appointment System.

If the student successfully obtains the student visa and is already in the United States, the following requirements must be met to maintain status:

  • Carry a valid passport at all times.

  • Register/enroll at the educational institution.

  • Attend the classes provided by the course of study.

  • Obtain a new Form I-20 if changing academic programs.

  • Work no more than 20 hours per week with USCIS permission.

  • Notify USCIS and the educational institution of any address change within 10 days

 

According to USCIS rules, there are 5 criteria for a full course of study. The following qualify as full course of study programs:

  • Graduate or doctoral programs in a college, university, conservatory, or religious seminary.

  • Master’s programs in a college or university requiring at least 12 credits per semester.

  • Institutions offering vocational or technical secondary education programs.

  • Institutions offering language, liberal arts, or other programs with classes totaling at least 18 hours per week.

  • High schools requiring foreign students to follow a specific academic program established for that institution.

Student status is maintained during school vacations, absences due to illness, and other excused reasons.

Spouses and unmarried minor children are eligible to accompany the student. For this, they must obtain an “F-2” visa at a U.S. consulate in their country. Like the student, they must provide documents confirming sufficient financial resources for living in the United States, as well as evidence that they will leave the United States immediately after the F-1 visa holder completes their studies. Family members of the student are not permitted to work in the United States.

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Category “M-1” Visa

“M-1” category visas are issued to students in non-academic programs and vocational/technical training programs, specifically:

  • Specialized vocational or technical training programs offered by educational institutions, such as colleges and various institutes, upon completion of which professional mastery degrees are awarded;

  • Various programs offered by vocational schools for high school students; as well as

  • Various non-academic programs and vocational/technical training programs (excluding language programs) offered by any other schools.

If the petitioner is outside the United States, they must first be accepted for a full course of study by an educational institution certified by the U.S. Citizenship and Immigration Services (USCIS). This non-academic or vocational institution must send the student Form I-20M-N/ID.

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Applicants for student visas must also provide evidence of the absence of immigrant intent. In this regard, “M” visa applicants must demonstrate ties to their home country and their intention to return home after completing their studies in the United States.

In addition, during the interview, the consular officer must be satisfied that the applicant has sufficient financial resources for study and living in the United States in order to prevent illegal employment during their stay in the United States.

The spouse and unmarried children under 21 of an “M-1” status holder may also apply for a non immigrant “M-2” visa to accompany the student during their studies in the United States.

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Family members must also prove that they have sufficient financial resources for their own support in the United States during their stay. They must also demonstrate that they will leave the United States after the “M-1” visa holder completes their program.

The spouse and children of the student are not permitted to work in the United States.

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For how long is an “M” visa granted?

Initially, an “M” visa is issued for one (1) year. Accordingly, a student in “M-1” status may remain in the United States for one (1) year or for as long as they are enrolled in a full-time program with a full course load (in any case, not more than one year). The student may also remain for an additional 30 days after the expiration date indicated on Form I-20 ID, provided that the total period of stay in the United States does not exceed one (1) year.

In addition, after completing their studies, the student is eligible for post-completion practical training. If the corresponding application is approved by the immigration service, the practical training period will be 1 month for every 4 months of study completed in “M” status.

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Does an “M-1” status holder have the right to work?

“M-1” status students and their accompanying family members are not permitted to work in the United States. However, as previously mentioned, the student may petition for practical training. The practical training period may be 1 month for every 4 months of completed study, but not more than 6 months in total.

To obtain USCIS permission for practical training, it is necessary to submit Form I-538 (Certification by Designated School Official [DSO]). The responsible official at the educational institution must confirm the following:

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1) the purpose of employment is practical training;

2) the training corresponds to the field of study;

3) the petitioner does not have the opportunity to complete similar practical training in their home country.

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The student must also submit Form I-765 (Application for Employment Authorization) along with the Form I-20 ID endorsed by the designated school official for international students. These documents must be submitted no earlier than 60 days before the expiration of authorized stay but no later than 30 days after completion of studies.

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Is it possible to travel outside the United States?

Students who received “F-1” or “M-1” visas at a U.S. consulate abroad may travel outside the United States and, upon temporary absence, may resume their studies. However, to avoid denial of entry into the United States, they must carry evidence that they are still enrolled as full-time students with a full course load.

Upon re-entry, the immigration inspector may request the following documents:

  • Valid passport;

  • Valid “F-1” or “M-1” visa;

  • Form I-20 endorsed by the Designated School Official (Form I-20 must be endorsed every time you intend to travel outside the United States);

  • New Form I-20 or I-20 M-N/ID, in case there have been significant changes in the program of study;

  • Evidence of sufficient financial resources needed to continue studies.

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