DOS Issues Final Rule Creating F-3 and M-3 Visas
Posted Aug 15, 2003

Effective August 11, 2003, there are two new visa categories: the F-3 and M-3. These visa categories were created under the Border Commuter Student Act of 2002, enacted on November 11, 2002. There were no regulations implementing the provisions as needed for the U.S. Department of State (DOS) to begin issuing these visas. The F-3 and the M-3 serve a limited but useful purpose. They are only available to commuter students from Mexico and Canada who attend DHS/BCIS-approved schools.

Why New Visas Are Needed

Prior to September 11, 2001, these commuter students could freely enter and exit the U.S. as "B" visitors to attend school. The increased security measures required since 9/11 eliminated this practice, however. Many of these individuals cannot simply get an F-1 or M-1 visa, because both of these categories require full-time enrollment in school. Many of the commuter students attend school on a part-time basis. We addressed this issue in our June 7, 2002 article, Students from Canada / Mexico No Longer Allowed Entry as Visitors, available on MurthyDotCom. As an interim measure, the Legacy INS/BCIS did permit some part-time border students to enter the U.S. either in F-1 or M-1 status or under a grant of parole until this problem could be resolved. See, New Rule for Part-Time Commuter Students, dated August 30, 2002. However, this interim measure should no longer be required now that the F-3 and M-3 categories are available for border commuter students who will study full-time or part-time at a DHS/BCIS-approved school.

No Dependents

Unlike the F-1 and M-1 statuses, which permit the primary status holders to have dependents in F-2 and M-2 status, the F-3 and M-3 statuses do not confer any dependent status for dependents of F-3 and M-3 students. This is because commuters, by definition, do not reside in the U.S., and there is no reason that their dependents would need to reside here. Therefore, if a person wanted his or her dependents to have dependent status in the U.S., the student would need to relocate to the U.S. and attend school in F-1 or M-1 status, so that the dependents would qualify to apply for the required F-2 or M-2 status.