Studying in the United States

The United States admits thousands of foreign nationals each year to engage in academic and vocational study. The F visa is the most common and comprehensive, but the J and M visas also offer educational opportunities in more specific settings. Each of these visas require that the foreign national be a bona fide student, have nonimmigrant intent, and be able to financially afford the program of study. However, each one of these visa categories has unique requirements, applications, and work authorization potential. At Knight Immigration, we can assist in advising foreign students how to lay a proper foundation for their immigration journey and help those individuals already here change their status to allow them to study and stay in the U.S.

The “F-1” Student Visa

The F-1 visa is the most common student visa issued to foreign nationals. It is predominantly used by young adults pursuing a college or graduate education in the United States, though the F-1 is not restricted to that level of study. The F-1 visa is also used for individuals attending seminaries, conservatories, and English language programs, as well as for children attending grade school. The F-1 student visa is the most common starting pointing for foreign nationals who eventually receive a green card. For that reason, Knight Immigration highly recommends that foreign students talk with an attorney about U.S. immigration laws and how to avoid common pitfalls before they graduate.

Applicants for F-1 status must have a valid Form I-20 issued by the school to which they were admitted. They must demonstrate the financial ability to pay for the program and must maintain nonimmigrant intent. Principal F-1 visa holders may bring their spouse and children along as well in F-2 status. Spouses may not work in F-2 status and can only study part-time, though minor children are able to attend K-12 without restrictions. Please note that each individual family member will receive their own Form I-20. The regulations require these I-20s to be kept safe as they can be quite difficult to replace.

F-1 students are admitted for the duration of their program, indicated by the “D/S” notation on their I-94. With limited exceptions, F-1 students must maintain a full course of study, though only one class per semester may be online/remote. F-1 students retain the option to transfer schools. Those individuals that graduate are afforded a 60-day grace period to depart the country, while those that withdraw form classes only have 15 days to depart or change their status. Students that withdraw from classes or fall short of the required course load may apply for reinstatement of F-1 status if they meet certain requirements (i.e., less than five months since withdrawing, no other immigration violations or unauthorized work, and a showing that the student’s withdrawal was precipitated by circumstances outside of their control).

Practical Training for F-1 Students: Curricular and Optional

F-1 students (except English language students) who have completed one academic year of school are eligible for practical training. This training opportunity is broken down into two categories: curricular practical training (CPT) and optional practical training (OPT). Foreign students should be conscious of the fact that they are only authorized for 12 months of practical training per degree program – if they exhaust those 12 months under CPT employment, they will not be eligible for OPT employment upon graduating. OPT is critically important to finding post-graduate employment that will lead to an H-1B visa opportunity. Pay attention to the filing deadlines for Optional Practical Training – apply early as exceeded the filing deadline can has severe consequences for foreign students.

Optional Practical Training is intended to provide foreign students with relevant work experience upon graduation. For this reason, the F-1 to OPT pipeline is the must common route to an H-1B visa. OPT is available at each degree level, meaning that a foreign student who exhausts their OPT after earning their bachelor’s degree can return to school for a master’s program and receive another grant of OPT upon completion of that program. Students must receive authorization for OPT from their Designated School Official, and then must apply for a work card from USCIS. 

OPT has very strict filing deadlines. The filing window for the work card is 90 days before the program end date until 60 days after the program end date – additionally, the work card must be filed within 30 days of receiving the grant of optional practical training from the DSO. For example, a bachelor’s degree program ends on May 1st and the student is set to graduate at that time. That means the student can file for the work card any time between February 1stand July 1st – that is the primary filing window. During this window, preferably in February or March, the student will receive the grant of optional practical training from the DSO and then must file the work card application within 30 days of receiving the grant. Students who untimely file are extremely likely to have their work card denied, after which there is no appeal option. This means that for students who wait until after they graduate to request OPT run a great risk if there are any delays or mistakes on behalf of the DSO, the student, or the courier (post office/fedex).

There is an exception to the 12-month limit on OPT is the foreign student graduated with a degree in a STEM field. These students get another 24 months of OPT – which practically applied is a generous opportunity to play the H-1B visa lottery twice more. This extended grant, commonly referred to as STEM OPT, comes with some strings attached. To be eligible, the student’s STEM degree must be on the DHS list of approved degrees and be from an accredited school. Students must work with their employer to complete the Training Plan on the Form I-983, which is provided to the DSO with a request for STEM OPT. Students looking to pursue this extended grant of OPT should complete the Training Plan, inform their DSO, and apply for the new work card 90 days before their initial grant of OPT expires.

 
Curricular Practical Training is intended for current students who wish to supplement their academic course load with employment. To receive a grant of CPT, the foreign student must make their request to the Designated School Official (DSO) that issues the Form I-20. In order for the DSO to approve the request, the proposed employment must be “an integral part” of the student’s curriculum and the employer must have a cooperative agreement with the school. CPT is often used by undergraduate students during their summer break to pursue internships that could lead to post-graduate employment. However some graduate students may find themselves in a state of perpetual CPT while waiting for an H-1B opportunity. Students in this position must ensure they are attending all of their classes – onsite when required. 

The “J-1” Student Visa

The J-1 visa for exchange visitors is expansive and covers several groups of foreign nationals, including research scholars, short-term scholars, college and university students, secondary school students, and summer students participating in a travel or work program. Fulbright scholars are the quintessential example of a J-1 student. Like all other J-1 categories, these students must be fluent in English, have sufficient funding for the program, possess medical insurance, and maintain a residence abroad. It is not uncommon for J-1 student visas to come with a 2-year home residency requirement.

J-1 students must have a SEVIS Form DS-2019 issued by their school. Upon completion of their studies they are afforded a 30-day grace period. Spouses and minor children receive their own DS-2019 and J-2 status. If the principal J-1 visa holder is subject to the 2-year home residency requirement, then their dependents are as well.

The “M-1” Student Visa for Vocational Students

The United States permits foreign nationals interested in pursuing studies in a vocational program to obtain the M-1 visa. In order to qualify for this visa, the vocational school must be approved by USCIS for vocational studies; the student must have the financial resources to support the course of study and a Form I-20 (Form I-20M-N) issued by the school. Examples include culinary schools, beauty schools, and certain community colleges. Language programs are not considered a qualifying course of study – the F-1 is the more appropriate visa category for that pursuit.

Like F-1 students, those individuals in M-1 status may transfer schools and must keep their Forms I-20 safe and secure as they can be difficult to replace. But unlike F-1 students, M-1 visa holders may only transfer schools within the first 6 months of study and are admitted for a specific period of time that is directly tied to their program of study. The maximum period of stay for the M-1 visa is 3 years. After completion of the program the M-1 student is afforded a 30-day grace period to depart the United States. The M-1 visa is nota path to an H-1B.

Practical training is available in an abbreviated form: it must be related to the vocational program and is only granted for 6 months in total. M-1 principal visa holders may bring their spouses and minor children on the M-2 visa; these dependents are issued their own Form I-20. M-2 visa holders are not eligible for work authorization and may only study part time (unless enrolled in K-12).