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F1 Student Visa

Preview

An F-1 visa is a non-immigrant visa issued by a United States Consulate abroad to an alien who is coming to the
United States to pursue full-time studies in a US academic institution. An F-1 status is a nonimmigrant status issued by the USCIS (formerly INS) to the alien student who is pursuing studies in the US. An alien who is outside the US needs to apply for an F-1 visa first at a local US Consulate abroad. For those who are already in the United States in another nonimmigrant status, such as B-1/B-2, H-1..., they may apply to change to F-1 status in the US.

F-1 students must maintain the minimum course load for full-time student status. They can remain in the US up to 60 days beyond the length of time it takes to complete their academic program. In addition, an F1 student can remain for 12 months after securing a degree to work under the OPT (Optional Practical Training) program. F1 students are expected to complete their studies by the expiration date on their I-20 form (Certificate of Eligibility for Nonimmigrant Student Status) which is provided by the US college or university that the student has been accepted to and will attend.

F-1 status allows for part time, on-campus employment (fewer than 20 hours per week.) Jobs available on campus typically do not pay much, certainly not enough to finance a university education.

An F-1 student is generally entitled up to one year of post-completion practical training. Authorization for this type of practical training may be granted for a maximum of 12 months and only starts once you have graduated or completed your course of study.

SEVIS

"Retention and Reporting of Information for F, J and M Non-immigrants; Student and Exchange Visitor Information System (SEVIS)" became effective on
January 1, 2003. After February 15, 2003, the use of the Student and Exchange Visitor Information System (SEVIS) will become mandatory for the issuance of any new Form I-20. A student or dependent who presents a non-SEVIS Form I-20 issued after February 15, 2003, will not be accepted for admission to the United States.
A school that has implemented SEVIS may be called a SEVIS school; compared with a Non-SEVIS school that has not yet implemented SEVIS.
The purpose of SEVIS is to monitor the visa adjudication process and oversee the academic career of foreign students and their dependants who enter the U.S.
using an F1 or F-2 visa.

Under the SEVIS guidelines, the student's proposed
U.S.
school must submit specific information electronically before a student visa may be issued. The required information include the full name of the student, the date and place of birth of the student,  Nationality/Citizenship of the student, the school's code/program number.

Eligibility

In order to qualify, applicants need to satisfy several strict criteria:
  1. Must have a foreign residence and must intend to return there upon completion of studies;
  2. Can only study at the academic institution through which the visa was granted;
  3. Must have sufficient financial support;
  4. Must have strong ties to home country (e.g. job offer letter upon completion of studies, assets, bank accounts, and family).
  5. It may be possible to convert this visa to a temporary work visa upon completion of applicant's studies. Spouses and minor children obtain F-2 visa status and are not authorized to work in the U.S.

Applying for an F1 Visa

The first step is to obtain from the school or academic institution the USCIS Form I-20A-B entitled Certificate of Eligibility for Nonimmigrant F-1 Student Status. Schools and academic institutions, which have received USCIS approval to enroll foreign students under F1 student visa, have the authority to issue these forms.

F1 student visa application must include:


1.      DOS Form DS-156, Nonimmigrant Visa Application;

2.      DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45;

3.      DOS Form DS-158, Contact Information and Work History for Nonimmigrant Visa Applicant;

4.      A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the United States;

5.      Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member;

6.      Financial evidence that shows you or your parents who are sponsoring you have sufficient funds to cover your tuition and living expenses during the period of your intended study;

7.      Transcripts and diplomas from previous institutions attended;

8.      Scores from standardized tests required by the educational institution such as the TOEFL, SAT, GRE or GMAT;

9.      Documents demonstrating your intent to depart from the U.S. upon completion of studies.


Please Note:
When applying for a student visa, you will have to prove to the consular officer that you have strong ties to your home country and you will leave the United States when you have completed your studies. Such evidence can include, but is not limited to:

Ownership of property, proof of immediate family that is still based in your home country such as your parents, brothers, sisters, evidence of a mortgage payment, letter from a future employer stating that you have a job offer when returning home, assets, a car or anything else that can show that your intention is to return to your home country.

Law Offices of Jing Tan
401 N. Washington Street, Suite 500
Rockville, MD 20850

Tel: 301-987-8808 (o) 301-793-0256(c)

Email: info@TanLawOffice.com