Q1.What is F1 student visa?
Ans. The F1 student visa is a nonimmigrant visa which allows foreign students to enter into the U.S. to attend a full course of study at colleges, universities, conservatories, academic high schools (subject to strict regulations) and institutions with language training programs..
Q2.How do I qualify for F-1 visa?
Ans. To qualify for F-1 visa, you must:
Be proficient in English, unless you are coming to the U.S. to participate in an English language training program. In some cases the school may make special arrangements to teach you English
Prove that you have sufficient funds to complete your education
Be coming to attend a full course of study by a school approved by the USCIS
Q3. What privileges do I enjoy on F-1 visa?
Ans. On F-1 visa, you may:
Come to the U.S. as a full time academic or language student enrolled in a program leading to a degree or certificate
Transfer from one school to another or switch academic programs by notifying the change to the USCIS
Legally work part time on-campus. You may even seek off-campus employment if it is economically necessary or if it involves practical training
Travel in and out of the U.S. or remain in the U.S. until the completion of your studies
Bring your dependents on F-2 visa
Q4.What are the limitations of F-1 visa?
Ans.On F-1 visa, you may:
Work off-campus only with prior USCIS permission
Attend the specific educational institution for which your visa has been approved
Bring your dependents, however, they may not work in the U.S.
Not apply for a U.S. Green Card
Q5. How long can I stay in the U.S. on F-1 visa?
Ans. The Form I-20 indicates the length of time you may stay to finish your course of study. The U.S. government takes a generous position towards students who are enrolled in full time courses in U.S. universities. You are permitted to stay until you finish your studies.
Q6.Can I extend my stay in the U.S. on F-1 visa if I am unable to complete my studies in the assigned time?
Ans.Yes, you may apply for extension of stay if you need extra time to complete your studies. Your Form I-20 can be extended by the designated school official. The I-20 extension should be filed along with your passport, Form I-94, Arrival-Departure document, a letter stating the reason for your extension.
Q7.Can I change status while on F-1 visa?
Ans.Yes, you may apply for change of status while on F-1 visa. The most preferred change is F-1 to H-1B. You may avail of other options like M-1, H-3.
Q8.Are there any travel restrictions on F-1 visa?
Ans. No, there are no travel restrictions on F-1 visa. You may use the vacation between two semesters or other holidays to visit your home or enjoy your vacation. While re-entering the U.S. you must have the following documents:
• A valid Form I-20A-B with a recent signature of the school advisor
• A valid passport
• A valid visa (unless you go to Canada, Mexico, or the Caribbean islands and return within 30 days; or unless you are a Canadian citizen)
• Proof of your financial support
Q9.Can I work on F-1 visa?
Ans.Yes, you may work on-campus on F-1 visa. However, you may not work off-campus during the first academic year. You must prove that you have sufficient funds to cover your education and living expenses while applying for the visa. This category of Employment Authorization recognizes that 'unforeseen circumstances beyond the student's control' provide legitimate reasons to request off-campus work permission.
Q10. How do I qualify for off-campus employment?
Ans. To qualify for off-campus employment, you must:
.Have been in F-1 status for one academic year
.Be in good academic standing and be registered as a full-time student
.Be able to handle effectively your employment and schedule as a full-time student
.Have made a serious attempt to find on-campus work
.Be able to demonstrate that your changed circumstances are unexpected, beyond your
control, and are causing financial hardship
Q11.What are 'unforeseen circumstances' for the purpose of off-campus employment?
Ans. Unforeseen circumstances exist:
.If the university reduces or eliminates your financial aid through no fault of
yours; that is, if budgets change, or a professor leaves and takes the research
grant that paid you. This category could include the elimination of your on-campus
job. It does not include the lose of your on-campus employment through poor performance
.If the university drastically raises its costs or if living expenses suddenly increase.
The regulations do not define the size of the increase, but the bigger the increase,
the better your claim
.In case there are unexpected and necessary expenses. The regulations discuss 'other
substantial or unexpected expenses' without defining them. These would need to be
necessary expenses, such as medical bills or some type of emergency
.When there is an unexpected change in your financial source, which could be family,
home government, or sponsor. Your father could lose his job, your government could
devalue its currency, or a sponsor could decline further support
Q12.How long does it take to obtain an Employment Authorization Document for off-campus
employment?
Ans. You may have to wait for about three months before you receive a response from
the USCIS. If your request is approved, you will receive an EAD card valid for up
to one year. You may then begin working off-campus. You may not legally work off-campus
before receiving your EAD. This authorization can be renewed by USCIS by going through
the same process.
Q13.How do I apply for F-1 visa?
Ans.To apply for F-1 visa, you must submit:
.Completed Form DS-156, Nonimmigrant Visa Application. Each applicant should submit
a separate application
.A passport valid for travel to the U.S and with a validity date at least six months
beyond your intended period of stay
.Two photographs (37 x 37mm), showing full face, without head covering, against
a light background
.The letter of admission from the school you plan to study in
.The signed Form I-20A-B
.A statement that you will leave the U.S. after the completion of your study
.Proof of permanent residence in your home country, which you do not intend to abandon
Note:The Form I-20 does not guarantee receipt of an F-1 visa. The local
Consular official makes the final decision on the issue of a student visa
Q14.Where do I file my F1 visa application?
Ans.You have to apply at the U.S. consulate near the place of your residence
If you are already in the U.S. on another nonimmigrant status, you may apply for
change of status to F-1. You should apply to study at a USCIS approved school in
the U.S. If you are admitted, the school will issue you Form I-20A-B. You should
submit this Form and a Form I-539 to the USCIS. If the USCIS approves the application,
a new Form I-94 will be issued to you.
Q15.What is the processing time for F-1 visa?
Ans.The processing time for F-1 visa is generally one business day at most posts.
It is issued on the same day the application is made. This does not account for
background check that may be required
Q16.Can I bring my dependents on F-1 visa?
Ans.Yes, you may bring your spouse or unmarried children under the age 21 on F-2
dependent visa.
Q17.Can my dependents work on F-2 visa?
Ans.No, your dependents may not work on F-2 status. They have to apply for the appropriate
work visa.
Q18.Can my dependents study on F-2 visa?
Ans. Yes, your dependents may study on F-2 visa. They do not have to apply for separate
study visa.
Q19.Under what circumstances could I 'fall out of status'?
Ans.The F-1 visa regulations require you to 'maintain status.' You may fall out
of status if you:
.Fail to maintain full-time enrollment (with a few approved exceptions)
.Work illegally, either off-campus without authorization or on-campus more than
20 hours per week during school or more than 40 hours per week when school is not
in session
.Fail to request a program extension and continue to study past the degree completion
date listed in your Form I-20A-B
.Transfer schools without following the appropriate procedure (getting a new Form
I-20A-B and having it processed by an International Student Adviser at the new school)
.Do not attend the school that the USCIS authorized you to attend
Q20.How do I request for reinstatement of status?
Ans.To apply for reinstatement you must write a letter to the USCIS explaining the
reasons why you violated status and why you should be reinstated. Indicate the hardships
that will result: should USCIS fail to reinstate you, and/or that your violation
occurred because of circumstances beyond your control.
Note:
Note: If you are denied reinstatement, you have 30 days in which to leave the U.S.
If you receive a denial, contact us to see if you may change status to other nonimmigrant
category.
Q21.What are the requirements for a transfer to another school?
Ans. For transferring to another school, you must:
.Be a full-time student, and you intend to be a full-time student at the new school
.Should prove that you have the financial resources required for your education
.Not change your educational objective
Q22.Can our school waive the tuition requirement for a deserving F-1 foreign high
school student?
Ans.No, the law does not allow a foreign student in F-1 status to attend public
secondary school without paying tuition. The student must pay the full, unsubsidized
per capita (for each student) cost of education in all cases.
Q23. Do the new provisions affect all foreign students?
Ans. No, the provisions only affect students in F-1 status, or applicants for F-1
visas, who plan to attend public schools or publicly funded adult education programs.
These provisions do not affect J-1 exchange students, and students whose parents
are diplomats, researchers or foreign workers.
Q24.How do the provisions affect F-1 students in private schools?
Ans.Foreign students attending private schools, or in privately funded adult education
or language programs, are not subject to the requirements in Section 625. However,
if a private school student wishes to transfer to a public school or a publicly
funded adult education or language program, he or she will have to comply with Section
625 in order to maintain F-1 status.
Q25.Can our adult education program continue issuing I-20s if we charge full tuition?
Ans.The new law prohibits the issuance of F-1 visas to attend publicly funded adult
education programs. The INS interim guidance defines publicly-funded adult education
as 'education, training or English-as-second-language programs operated by, through
or for a local public school district, system, agency or authority, regardless of
whether such a program charges fees or tuition.' Programs falling under this definition
can no longer accept students in F-1 status, even if tuition is charged.
Q26.Do we have to re-issue I-20s we provided before learning about the new law?
Ans.An I-20 issued for public elementary or publicly funded adult education can
no longer be used to obtain an F-1 visa. It is not necessary to replace an I-20
issued for public secondary school, unless it indicated program duration greater
than 12 months. If full payment is not indicated on the I-20 (with a notarized signature
from the responsible school official), the school authority should provide the student
with a notarized letter as evidence of payment. If the student is otherwise eligible,
overseas consulates will generally accept this as proof and will not ask for a new
I-20.
Q27.Can organizations or individuals sponsor an F-1 foreign student to attend public
secondary school?
Ans.Yes, nothing in the new law precludes an organization or individual from reimbursing
the school authority on the student's behalf, as long as payment does not come from
public funds. In addition, previous requirements that a foreign student has sufficient
funds to cover education and living expenses while in the U.S. have not changed.
Q28.What does 'unsubsidized' mean with respect to the cost of providing education?
Ans.The unsubsidized cost is the LEA's total expenditure per student, excluding
any fees and charges to the individual student. It includes expenditures from all
public revenue sources including local, state and federal funds. All public expenditures
would include all operating and capital expenditures (such as for instructional,
support and non-instructional services; equipment acquisition; and facilities and
construction), from all public revenue sources.
Q29.Does a K-12 district need to compute a separate per student cost for secondary
students?
Ans.No, unified school districts may utilize the K-12 per student cost, rather than
computing a separate per student cost for secondary students. Alternatively, the
LEA may choose to compute cost on a school-by-school basis.
Q30.What is the per student basis to be used in calculating the unsubsidized per
capital cost for F-1 students?
Ans.The per student basis used should be the same as that used by the LEA, in accordance
with state law or policy, for calculating per student cost or non-resident tuition
for students from other school districts.
Q31.What if my F-1 visa expires while I am in the U.S.?
Ans.Your F-1 visa does not determine how long you may stay in the U.S. You need
not be concerned about the expiration of your F-1 unless you decide to leave the
U.S. for a short visit abroad prior to completing your studies. Before you re-enter
the U.S., you will need to make sure you have a valid US student visa. The F-1 visa
itself (unlike your F-1 status) is only important at the port of entry to the U.S.
Q32.When must I renew my F-1 visa?
Ans. You must renew your F-1 visa if you decide to travel outside the U.S. and your
current F-1 visa will expire before you re-enter the U.S. to continue your program.
If this is the case, you will need to apply for another F-1 visa at a U.S. Embassy
or Consulate. Students traveling to Mexico, Canada and islands adjacent to the U.S.
(except Cuba) for less than 30 days are not required to have a current F-1 visa
in their passport in order to re-enter as their visa gets automatically revalidated
at the border.
Q33.What documents will prove my intent to return to my home country after the completion
of my studies?
Ans.While there is no set documentation to indicate your intent to return to your
home country, your application for an F-1 visa will more likely be approved if you
maintain closer ties to your home country than to the U.S. which can be shown in
the following ways:
Your immediate family members reside in your home country
You own property and or maintain a bank account in your home country
The likelihood of employment at home in your field of study after you complete your
degree is great. (Provide evidence of job searches or interviews you have done)
You have made frequent visits home (every year or 18 months)
You have maintained membership in cultural organizations at home while you have
studied in the U.S.
You have maintained important social ties in your home country
Q34.Can I apply for F-1 visa in a country other than my home country?
Ans.Yes, you may apply for a F-1 visa in a 'third country' other than your home
country, unless you are subject to the 'visa overstay' provisions of the Illegal
Immigrant Reform and Immigrant Responsibility Act (IIRAIRA)
Q35.In what situations can my F-1 visa be denied?
Ans.Your F-1 visa application may be denied if:
.You intend to make an application in a 'third country' (e.g., you are from P.R.
China, but you intend to go to Canada to obtain an F-1 visa)
.This is your first application for an F-1 visa
.You are returning home after a long stay in the U.S. (Three or more years)
.There is a serious political or economic crisis in your home country
.You are engaged in practical training after the completion of your academic program
.You have limited time to obtain your visa. (Your visit will only be for a short
period of time)
.You are waiting for the results of an application for permanent residency (immigrant
status) or you are married to a U.S. citizen or permanent resident
Q36.What can I do if my visa request is denied?
Ans.If your visa application is denied, before you leave the U.S. Embassy or Consulate,
obtain an explanation of the specific reason you are denied the visa and ask about
re-application procedures. Also, try to obtain the full name of the officer who
interviewed you, as well as her or his fax number. The International Student and
Scholar Office may be able to help you, if you can provide this information.
Q37.Does the Section 625 of the law affect all foreign students?
Ans.No, the law affects only students in F-1 status, or applicants for F-1 visas,
who plan to attend public schools or publicly funded adult education. The law does
not affect other foreign students, such as children of exchange visitors, diplomats
or foreign workers.
Q38.How does the law affect F-1 students in private schools?
Ans.Foreign students who attend private schools or privately funded adult education
or language programs are not affected by the law. However, if a private school student
wants to transfer to a public school or a publicly funded adult education or language
program, he or she must follow the requirements of Section 625 of the law.
Q39.Can organizations or individuals sponsor an F-1 foreign student to attend public
secondary school?
Ans.Yes, nothing in the law prevents an organization or individual from paying the
tuition costs for the student. However, the payment may not come from public funds.
The foreign student must still show that he/she has sufficient funds to cover education
and living expenses while in the U.S.
Q40.Do I have to take tests such as TOEFL, SAT, GRE and GMAT to obtain a student
visa?
Ans.Applicants are generally not required to take any particular tests to qualify
for a visa. However, we note that motivated and serious student visa applicants
often take such tests when seeking admission to schools in the U.S. The fact that
a student has taken one or more of these tests may help show the seriousness of
the applicant's study plans.
Q41.What is a B-2 visa with a 'prospective student' annotation?
Ans. You may request a 'B-2 Prospective Student' visa only if you have been admitted to a university but have not yet received your I-20 and will not receive it before
your appointment at the U.S. Consulate. If the Embassy agrees to give you a B-2
Prospective Student visa you must make certain that the words 'Prospective Student'
are printed on the visa by the consul. If those words are not on the B-2 visa it
will be a violation of immigration regulations if you enroll in classes after you arrive in the U.S.
Q42.Is the Student and Exchange Visitor Information System (SEVIS) applicable for
F-1 visa?
Ans.Yes, the SEVIS is applicable to F-1 visa holders. This system monitors the status
of persons who enter the U.S. with an F, M or J visa. In order for students or exchange
visitors and their dependents to qualify for an F, M or J visa, the school or exchange
program in the U.S. must issue a Certificate of Student Status (I-20) or Certificate
of Exchange Visitor Status (DS-2019) on a SEVIS-generated form and must register
each person on the SEVIS website. Each applicant must submit a SEVIS-generated I-20
or DS-2019 with a unique barcode number and must be listed on the SEVIS website.