The F-1 Student visa is issued to individuals who wish to come to the U.S. to participate in an educational program. Public elementary schools do not qualify as an educational program which can be attended by the F-1 applicant. Please note that the F-1 applicant must be accepted by the prospective educational program prior to applying for the F-1 visa.
In order to be eligible to apply for an F-1 visa, the following conditions must be present:
- The individual intends to stay in the U.S. for a specified period of time and plans to return to their home country upon completion of their studies in the U.S.
- The applicant must be able to document possession of monetary savings to cover their expenses while in the U.S. Alternatively, they must be able to provide documentation / evidence as to the means by which their expenses will be covered while in the U.S.
- The individual must be able to provide significant documentation pertaining to their economic and social ties to their home country, thus evidencing their nonimmigrant intent.
Immigration officials at the U.S. port of entry will grant the F-1 visa holder a “Duration of Status” authorized stay in the U.S. which enables the individual to remain in the U.S. until the end of their program of studies. The individual will have an additional 60-day grace period at the end of their course of study.
At the end of their studies, some F-1 visa holders are eligible to apply for a 12-month Optional Practical Training (“OPT”) in a field relevant to their field of education. ESL courses and short-term educational programs do not qualify for OPT. F-1 students with a degree in science, technology, engineering, or mathematics (“STEM” fields) who are employed by businesses enrolled in the E-Verify program have an additional 24 months OPT entitlement. This employment authorization will be extended until October 1 under “Cap Gap” regulations, if the F-1 individual applies for an H-1B visa during the quota period prior to the expiration of their OPT authorization and requests a change of status to H-1B. If the OPT expires before the H-1B application is filed but the student is still in his/her 60 day grace period, the student’s F-1 status will be extended but this extension does not apply to work authorization.
Spouse and children of the F-1 visa holder are eligible to join the individual to the U.S. under the F-2 visa category.
HOW WE CAN HELP YOU
The Kulen Law Firm provides assistance and advice regarding extension or change of status applications to and from F-1 and F-2 statuses within the U.S.
