Overview and Analysis of Common F-1 Student Issues
Posted Nov 28, 2001; updated Apr 04, 2005

The F-1 student status is for the primary purpose of full-time study at a school or college in the United States. (For trade and vocational schools, there is another type of student visa, known as an M-1; however, a student in language school is generally F-1.) Full-time study, in most cases, means at least 12 credit hours per semester. An F-1 must have nonimmigrant intent, meaning that s/he should not be planning to permanently remain in the U.S. upon entry in F-1 status.

Limits under the 1996 law, state that an F-1 student in elementary or secondary public school, or the family of such a student, has to reimburse the government for the cost of the education.

The F-1 student status does not entitle a student to work in the United States without prior authorization. Generally, a student must demonstrate sufficient financial support to pursue studies without the need for employment. During the first academic year, employment is restricted to on-campus work. After the first year, permission may be granted by the U.S. Citizenship and Immigration Services (USCIS), based on the recommendations of the Designated School Official (DSO), 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. Should the school official concur, the student would file for a work permit with the USCIS. There is also a work program for internships with international organizations.

A student is 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 that the school completes. This form is submitted to the USCIS or the consulate when the student applies for a change of status from within the U.S. or for a visa from a consulate abroad, respectively. In most cases a student does not need to apply for an extension of stay. Generally, a student does not need to apply to stay in the United States as long as s/he is maintaining student status and making normal progress toward completion of the course of academic study.

If the coursework will not be completed by the estimated date on the Form I-21, the student and DSO should complete the Form I-538 to submit to the USCIS at least 30 days before the end date on the Form I-20. This submission should include compelling academic or medical reasons for needing the extension. DSOs must help students ensure that their Student and Exchange Visitor Information System (SEVIS) data is up to date at all times.

A student may work in the United States using 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 recent graduate to work for up to a year in a job related to the field of study.

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