F-1/M-1 Visas

The F-1 visa: Entering the United States to Attend School

F-1 non-immigrant category allows students to enter the United States to participate in a full-time course of study.  It may be used for individuals who wish to participate in a conventional academic program or a language training program.  In most cases, the F-1 student visa is the best option for students who have been accepted into an academic institution located in the United States.

Requirements

To qualify for an F-1 student visa you must meet the following qualifications:(1) admission and enrollment in a full-time course of study at a school approved by the INS; and

• You must be admitted and enrolled in a full-time course of study in the United States at a qualifying academic institution, such as a university, college, or high school
• You must be able to demonstrate that you have the financial capacity to cover your schooling expenses, residence, and cost of living while in the U.S.
• Unless you are entering the U.S. to participate in a language training program, you must confirm that you have a sufficient command of English
• You must also prove that your intention is to return to your home country once your studies are completed (2) sufficient financial resources to cover your expenses while a student
• May You Work During Your Stay as a Student?

In general, you are not permitted to work as an F-1 student.  However, this rule is subject various exceptions, which are discussed as follows:

On-Campus Employment

You are permitted to obtain on-campus employment of no more than 20 hours a week.  There is no limitation on the type of on-campus position you may obtain, as long as you are actually employed by the school and not working anymore than 20 hours per week.

Curricular Practical Training

Curricular Practical Training (CPT) is a type of employment authorization that allows F-1 students to be employed as long as the student is working in an area that is directly related to their studies and they are receiving school credit for such work.

Optional Practical Training

F-1 students who participate in Optional Practical Training (OPT) may work in the U.S. in a field that is directly related to their course of study for a total of 12 – 29 months, depending on the student’s major.

Employment Based on Hardship

F-1 students who are experiencing unforeseen financial hardship while studying in the U.S., may be able to obtain off-campus employment authorization from the USCIS under certain conditions.

Length of Stay

With most non-immigrant visas, a set date will be put on your I-94 indicating when you are required to leave the United States and return to your home country.  However, F-1 students are not given a set date of departure.  Instead, as an F-1 student your I-94 will be marked with the initials “D/S,” which stands for duration of status.  What this means is that as an F-1 student you are required to leave the U.S. upon the end of your studies, whenever that may occur, rather than at a specific pre-determined date.

The M-1 Visa: Enter the U.S. as a Vocational or Non-Academic Student

The M-1 non-immigrant category permits students to enter the U.S. to participate in a technical or vocational study program.  A vocational/technical school is one where students are taught skills and practical knowledge needed to perform a specific type of job as opposed to academic or theoretical knowledge.

Requirements

To enter the U.S. as an M-1 student, you must meet the following requirements:

• You must be admitted and enrolled in a full-time course of study in a qualified institution, such as a community college, vocational school, or business school that grants associate degrees
• You must be entering the U.S. to learn a particular trade and/or skill and thus you may not participate in a general studies program
• You must be able to demonstrate that you have the financial capacity to cover your schooling expenses, residence, and cost of living while in the U.S.
• You must prove that your intention is to return to your home country once your studies are completed (2) sufficient financial resources to cover your expenses while a student
• What are the Limitations of an M-1 Student Visa?

The M-1 visa has numerous limitations when compared to its F-1 counterpart:

• You may not transfer from one school to another without authorization from the USCIS
• You are not permitted to change your course of study
• You are not permitted to work legally off-campus without authorization from the USCIS
• You may not transfer over to F-1 status
• As an M-1 student, you are also prohibited form working while in the United States.  However, your may participate in Optional Practical Training (OPT) after you complete your studies. However, unlike with F-1 status where you may work for 12 – 29 months under OPT, as an M-1 student you may only work one month for every four months of study have completed, and for no more than 6 months in total.

Length of Stay

M-1 students are admitted into the United States for a fixed time period rather than the duration of their status.  Thus, unlike with F-1 status, M-1 students are given a set date of departure.