Overview and Analysis of Common F-1 Student Issues
Posted Sep 4, 1998

The F1 student visa status is for the primary purpose of full time study at a school or college in the U.S. (For trade and vocational schools, there is another type of student visa, known as an M1; however, students in language schools are generally F1s) Full time study in most cases means at least 12 credit hours per semester. Under the 1996 law, there are new limits on study by F1 students in public elementary and public secondary schools where the F1 student or her/his family has to reimburse the government for the cost of the education. Under recent regulations, as mentioned in the June 1998 Immigration Law Bulletin of the Law Office of Sheela Murthy, the INS has allowed students from certain Asian countries, namely, Indonesia, South Korea, Malaysia, Thailand, and the Philippines to apply for employment authorization. The U.S. has taken into account the devaluation of these countries currencies which affect nationals of Indonesia, South Korea, Malaysia, Thailand, and the Philippines constituting unforeseen circumstances beyond the student's control. This rule amends the regulations of the Immigration and Naturalization Service that apply to nonimmigrant students on F1 status and who are seeking either on-campus employment or authorization for off-campus employment.

The F1 student status does not entitle the student to work in the U.S. without prior authorization. Generally, students must demonstrate that they have sufficient financial support to pursue their studies without needing to be employed. Employment during the first academic year is restricted to on-campus work. After the first year, permission may be granted by the INS based on the recommendations of the Designated School Official (DSO), often referred to as the International Student Advisor at University campuses, for off-campus work, under certain narrow circumstances. For example, a student who suddenly loses his or her source of financial support may request the school's foreign student advisor to approve employment. If the school official concurs, the student then files for a work permit with the INS. There is also a work program for internships with international organizations.

Students are admitted for "duration of status," which is the period of time needed to complete the school program. The school official enters an estimate of the time needed on the Form I-20 which the school completes. This form is submitted to the INS or the Consulate when the student applies for a change of status form within the U.S. or for a visa from a consulate abroad. In most cases, students will not need to apply for extensions of stay. However, if necessary for "compelling academic or medical reasons," the school can authorize an extension. Examples of compelling academic reasons include change of major, or unanticipated problems with thesis research. If the delay is caused by the student, for example suspension for poor grades, then the extension will not be granted.

Another opportunity for a student to work in the U.S. is the "practical training" option. There are two types of practical training: curricular practical training (CPT), which is required by the course of study, and optional practical training (OPT), which is work that is related to the subject studied.

Practical Training can be used either during the academic program or after completion of the program. Students who have been granted permission for CPT may work up to 20 hours during the school year, and full time during vacations and holidays. Full time OPT after completion of the academic program enables the student who has recently graduated to develop a relationship with an employer, who may possibly sponsor the student for another type of visa, such as an H1B, and then for permanent resident status.

Students whose practical training is due to expire before October 1, who have pending H1 petitions with an October 1 start date, may consider the possibility of a change of status in the meantime to B2. INS will not grant that status solely for the reason of waiting out the time in the United States until one can apply for the H1 visa, but if there are other reasons for wishing to remain, it may be possible for the INS to grant the change. Many students in this situation may simply take the opportunity to return home for a visit with their families instead, and then apply for the H1 visa before returning to the U.S. to take up their employment.