F-1 Visas for Students

Student Applicants (for F-1 and M-1 visas) – Overview
The first step for a prospective non-immigrant student is being accepted for enrollment in an established school which is SEVP certified. In general, for academic students attending a university, college, high school, private elementary school, seminary, conservatory or other academic institutions, including a language training program, an F visa is the appropriate category. For students attending vocational or other recognized nonacademic institutions, other than a language training program, an M visa is generally the appropriate category.

If you are going to the U.S. primarily for tourism, but want to take a short course of study that is recreational, and the course is less than 18 hours per week, you may be able to do so on a visitor (B) visa. If your course of study is 18 hours or more a week, you will need a student visa. When traveling to the U.S. to attend seminars, conferences or a program of study for academic credit then you will need a student visa.

When Do I Need to Apply for My Student Visa?

• Students are encouraged to apply for their visa early to provide ample time for visa processing. Students may apply for their visa as soon as they are prepared to do so.
• Students should note that Embassies and Consulates are able to issue your student visa 120 days or less, in advance of the course of study registration date. If you apply for your visa more than 120 days prior to your start date or registration date as provided on the Form I-20, the Embassy or Consulate will hold your application until it is able to issue the visa. Consular officials will use that extra time for application processing.
• Students are advised of the Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20. Please consider this date carefully when making travel plans to the U.S.
• A beginning student who wants an earlier entry into the U.S. (more than 30 days prior to the course start date), must qualify for, and obtain a visitor visa. A prospective student notation will be shown on his/her visitor visa and the traveler will need to make the intent to study clear to the U.S. immigration inspector at port of entry. Before beginning any studies, he or she must obtain approval for a change to Exchange Visitor status, filing Form I-539, Application for Change of Nonimmigrant Status and pay the fee. Also you must submit the required Form I-20 to the Department of Homeland Security office where the application is made. Please be aware that one cannot begin studies until the change of classification is approved.
• Continuing students may apply for a new visa at any time, as long as they have been maintaining student status and their SEVIS records are current. Continuing students may also enter the U.S. at any time before their classes start.

What Is SEVIS and SEVP? What Should You Know about It?

The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security (DHS) and Department of State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet, to the DHS and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States.

All student applicants must have a SEVIS generated I-20 issued by an educational institution approved by DHS, which they submit when they are applying for their student visa. Your school is responsible for entering your 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. Unless otherwise exempt, all F-1 or M-1 principal applicants must pay a SEVIS I-901 fee to the DHS for each individual program.

Qualifying for a Student Visa

The Immigration and National Act is very specific with regard to the requirements which must be met by applicants to qualify for the student visa. The consular officer will determine whether you qualify for the visa. Additionally, applicants must demonstrate that they properly meet student visa requirements including:

• Have a residence abroad, with no immediate intention of abandoning that residence;
• Intend to depart from the United States upon completion of the course of study; and
• Possess sufficient funds to pursue the proposed course of study.

Applying for a Student Visa

As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged.

During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. Also, because each student’s personal and academic situation is different, two students applying for same visa may be asked different questions and be required to submit different additional documents.

Required Documentation

Each applicant for a student visa must submit these forms and documentation as explained below:

• Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students or Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students. You will need to submit a SEVIS generated Form, I-20, which was provided to you by your school. You and your school official must sign the I-20 form.
• Online Nonimmigrant Visa Electronic Application, Form DS-160.
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must complete an application.
• One (1) 2×2 photograph (depending on the US Consulate).
• A MRV fee receipt to show payment of the visa application fee.
• The SEVIS I-901 fee receipt.

All applicants should be prepared to provide:

• Transcripts and diplomas from previous institutions attended;
• Scores from standardized tests required by the educational institution such as the TOEFL, SAT, GRE, GMAT, etc.;
• Financial evidence that shows you or your parents who are sponsoring you has sufficient funds to cover your tuition and living expenses during the period of your intended study. For example, if you or your sponsor is a salaried employee, please bring income tax documents and original bank books and/or statements. If you or your sponsor owns a business, please bring business registration, licenses, etc., and tax documents, as well as original bank books and/or statements.

Spouses and Children

Applicants with dependents must also provide:

• Proof of the student’s relationship to his/her spouse and/or children (e.g., marriage and birth certificates.);
• It is preferred that families apply for F-1 and F-2 visas at the same time, but if the spouse and children must apply separately at a later time, they should bring a copy of the student visa holder’s passport and visa, along with all other required documents.

Entering the U.S. – Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. Student visitors must have their Form I-20 in their possession each time they enter the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport.

Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

• It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Information on successfully maintaining your immigration status while a student or exchange visitor can be found on the Immigration and Customs Enforcement (ICE) website.
• Staying beyond the period of time authorized by the DHS causes you to be out-of-status in the United States, which is a violation of U.S. immigration laws. This may cause you to be ineligible for a visa in the future for return travel to the U.S.
• Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized, even by one day, results in your visa being automatically voided, in accordance with immigration law, INA 222(g). In this situation, you are required to reapply for a new non-immigrant visa, generally in your country of nationality.

What Items Do Returning Students Need?

All applicants applying for renewals must submit:

• All items listed in the Required Documentation section and;
• A new I-20 or an I-20 that has been endorsed on the back by a school official within the past 12 months.

Students Away from Classes More Than Five Months

Students in or outside the U.S., who have been away from classes for more than five months, will likely need a new visa to enter the U.S.

How long may I stay on my F-1 student visa?

When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in the United States. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:

• F-1 student – An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.
• M-1 student – An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.

As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2009, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as “D/S”), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2009 passes and your visa expires while in the U.S., you will still be in legal student status. However, if you depart the United States with an expired visa, you will need to obtain a new one, applying at an Embassy abroad, before being able to return to the U.S. and resume your studies.

Optional Practical Training

Students who are authorized for Optional Practical Training (OPT) must have an I-20 endorsed for OPT, and provide a USCIS-issued Employment Authorization Document (EAD). When authorized, Optional Practical Training (OPT) is temporary employment that is directly related to the eligible F-1 student’s area of study.