Overview : F-1 Student Visas
[See also, F-1 Academic Student Visa Overviews : (Part 2) | (Part 3)]
Posted Dec 02, 2000; updated Jul 07, 2008

This article is another in our series presenting an overview of U.S. immigration law. We continue with the nonimmigrant (temporary) visa categories, the next one being the "F" category: academic students. The academic student visa is designed for students to be able to come to the United States and complete the academic program.

Basic Requirements

The basic criteria that an F-1 visa applicant will need to establish in order to obtain an F-1 visa are the following :

a. Evidence of strong family and home ties in the foreign country with intent to depart from the United States and return to his/her residence after completion of the educational program. 

b. Evidence that s/he possesses the skill level, ability or credentials to qualify her/him for the intended course of study in the U.S.

c. Evidence that the school selected and which has offered admission for the full course of study is approved by the Attorney General.

d. Should not apply for a public elementary school or a publicly funded adult education program. The candidate may attend a public secondary school in limited circumstances as long as the funds for the program come from outside sources and the duration of attendance is less then 1 year.

e. Should be proficient in English or is receiving training to become proficient unless the school can explain why English language is not important.

f. Evidence of sufficient funding or that other financial arrangements have been made to attend school and live in the U.S. during the course of the program. 

Consular officers in reviewing financial self-sufficiency of a candidate would like the applicant to demonstrate that the candidate will be able to study in the United States and not have to resort to working illegally to support him/herself.

Some methods that may be used to provide proof of financial stability include the following : 

a. Financial aid from the school in the form of a scholarship, fellowship, assistantship, grant or loan. If the candidate chooses to use this route s/he would require a confirmation that similar financial aid will be available as long as the program is pursued;

b. Financial aid from the student's home government;

c. Financial aid from private organizations or institutions;

d. Applicant's personal resources;

e. Funds from close family members. In some countries restrictions exist on the export of currency. The candidate must check to see whether any such restrictions exist, because consular or immigration officers may be aware of them.

An F-1 visa may be issued by the Consul within 60 days of a school term. When entering the United States the candidate will receive an arrival / departure card (I-94) indicating F or student status and will be marked that it is valid with the notation of "D/S." "D/S" stands for "duration of status" and permits the student to remain in the United States until the completion of the educational program. This can include completing an academic program and moving on to a higher academic program such as a Bachelors degree to a Masters degree, as long as the transfer is documented properly with the USCIS.

Employment

A student may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. In our next one or two articles on F-1s in the MurthyBulletin, we intend to discuss the various programs available for F-1 students to seek off-campus employment, after the first academic year, including curricular Practical Training, optional Practical Training; and employment authorization based on unforeseen economic hardship. We hope to also discuss issues such as the dependent F-2 visas for the spouse and children, maintaining status, etc. 

We hope that you find this article on an overview of the F-1 visa process in the MurthyBulletin and our continuing series of the overview of U.S. immigration law helpful in understanding the nature of the complexities and nuances involved and the differences between the different classifications and their legal criteria.

[See also, F-1 Academic Student Visa Overviews : (Part 2) | (Part 3)]