F visa


In the United States, the F series of visa is a class of non-immigrant student visa that allows foreigners to pursue education in the United States. F-1 students must maintain a full course of study. F-1 visas are only issued in U.S. embassies and consulates, although extensions of stay and changes of status may be possible within the United States. Prospective F-1 students must apply to a school and receive a form I-20 in order to apply for an F-1 visa. F-1 students must show that they are able to support themselves during their stay in the U.S., as their opportunities for legal employment are quite limited. F-2 visas are given to dependents of an F-1 student. F-2 visa holders are prohibited from any form of compensated employment. However, minor children may attend public schools. Finally, the F-3 visa is issued to Canadians and Mexicans who commute across the border to attend American schools.

Types

There are three types of F visas,
  • F-1 visas are for full-time students.
  • F-2 visas are for spouses and children of F-1 visa holders — these are technically called "dependents."
  • F-3 visas are for "border commuters" who reside in their country of origin while attending school in the United States. F-3 visas are granted only to nationals of Mexico or Canada and these visa holders may study part- or full-time. However, unlike F-1 visa holders, they may not work on campus, although they may still be authorized for Curricular Practical Training; Optional Practical Training may only be used after graduation. While the Border Commuter Student Act was signed into law on November 2, 2002, the Department of Homeland Security, which is responsible for all F and M regulations, has never published a rule discussing F-3 commuter students. Previously, part-time students from Canada and Mexico were permitted to enter the United States as visitors, but after the September 11 attacks the Department of Homeland Security found such students ineligible for admittance as visitors and also ineligible for F-1 or M-1 visas.

    Role of the educational institution

To pursue studies in F status at a college, university, or vocational school, it is necessary that the institution be a participant in the Student and Exchange Visitor Program. An institution can acquire SEVP certification by filing Form I-17 with U.S. Immigration and Customs Enforcement. An institution can be SEVP-certified despite not holding national or regional accreditation. Conversely, an institution may hold national or regional accreditation but may have chosen not to obtain SEVP certification if it does not intend to admit international students in the F, J, or M status.
A large university typically has an international office that manages its participation in the SEVP, and all the designated school officials work for this office. The international office manages updates to the Student and Exchange Visitor Information System record for students and issuing of new Form I-20s. Students who have any change to their plans must communicate these changes with their international office.

High schools

It is possible to obtain an F-1 visa to pursue studies at a secondary school. As is the case with other institutions, the secondary school must be SEVP-certified. The school may be a public school or a private school. In the case of a public school, the student may attend for a maximum period of 12 months and must reimburse the school for the full per-capita cost of attendance. Neither of these requirements apply for students attending private schools.

Acquiring student status

Issuance of first Form I-20

Once the prospective student has accepted the institution's offer of admission, the institution issues a Form I-20 to the student.
Apart from biographical information about the student, there are two main pieces of information that must be entered in the student's SEVIS record and the initial Form I-20.
  • Program details: The program name, start date, and end date.
  • How the student intends to meet tuition and living expenses for the first year the student is in the program, or until the end date indicated on the I-20, whichever is shorter.
Each international office may follow its own rules or guidelines regarding the type of documentation it requests from the student or from other departments in order to be able to issue the I-20. The jargon used for this documentation will also vary by institution. For instance, the University of Chicago and University of Michigan uses the term "Financial Resources Statement" for the statement that students need to submit to it regarding how they will meet their expenses, while the University of Illinois at Urbana–Champaign uses the term "Declaration & Certification of Finances for I-20/DS-2019 Application".
After receiving information from the student and institution regarding the program length and end date, the international office creates the student's SEVIS record, gets a SEVIS number for the student, and issues a Form I-20. A physical copy of the form may be mailed to the student overseas. In the case that the student has a SEVIS record from previous student status, the existing SEVIS record should be transferred.
The international office may refuse to issue a Form I-20 if the student is unable to demonstrate how he or she plans to cover expenses for the first year.

Payment of fees

In order to transition to student status, the prospective student must pay a one-time SEVIS fee using Form I-901. This fee applies both to people who are not currently in the United States and to those who plan to change status using Form I-539.

Application

The application process for a F visa varies depending upon whether the student is outside of the United States, or already present within the United States.

Application from Outside of the US

Student who are outside of the United States, must apply for a student visa. The visa interview must be scheduled fewer than 120 days prior to the start date indicated on the Form I-20.
At the time of initial entry, the officer at the port of entry checks that the program start date is at most 30 days ahead, and that the I-20 has a valid travel signature. It is also necessary that, at the time of initial entry, the school the student intends to attend matches the school on the student's visa and the student's I-20, though this is not a requirement in the future. The officer at the port of entry also issues a Form I-94 with expiration date indicated as "D/S", which means that the student is in authorized status in the United States until the program end date indicated on the I-20.

Change of status from within the US

If the student is already in the United States in another status, it may be possible to change status using Form I-539. However, there are many limitations. For instance, the process generally takes 3–6 months, which can be considerably longer than traveling outside the United States and getting a new visa.
For those who entered the United States using a B visa, having an annotation on the visa saying that the entrant is a "Prospective Student" is generally a prerequisite for the Form I-539 application to be accepted.
In general, the USCIS does not approve transition to student status with a start date more than 30 days prior to the program start date. Therefore, applications where the applicant's current status expires more than 30 days before the start date of their program are likely to be rejected.

Transfer to another institution

Students who transfer from one educational institution to another do not need to file Form I-539 or pay the SEVIS fee again. They can also re-enter on a student visa for a previous institution as long as the visa is still valid.

Reporting arrival

In order to maintain legal student status, the student is required to report to the international office at his/her institution about his/her successful arrival, along with all the relevant documentation. The international office in turn updates the student's SEVIS record indicating that the student has reported for studies.

Maintaining student status

"D/S" annotation on Form I-94

The Form I-94 that is issued to F-1 students upon arrival is generally annotated "D/S" indicating duration of status, which means that the student can stay in the United States as long as they are in valid student status. In addition, there is a grace period of 60 days after the completion of studies to depart the United States.
The exception to "D/S" is in cases where the student's documentation is not considered complete or satisfactory by the officer at the port of entry. In this case, the expiration date on the Form I-94 is listed as thirty days from the present date, and the student is issued Form I-515A, indicating what information was missing from the student's documentation. The student must contact his or her international office for help with obtaining the correct documentation.

Conditions for being in valid student status

Under ordinary conditions a student must, in order to maintain valid student status:
  • maintain a "full course load"
  • not be engaged in any employment without authorization of Department of Homeland Security
  • have an accurate SEVIS record, and in particular, should not be past the program end date indicated on the Form I-20.

    Full course load requirement

The SEVIS regulations stipulate one requirement for staying in status as being that the student must maintain a full course load, defined as 12 or more credit hours for credit-bearing schools and 18 or more contact hours for intensive English program enrollment. However, the precise translation of the requirement in terms of the structure of courses at a particular institution may vary by institution.
The following are the accepted reasons for having a reduced course load in a given quarter or semester:
  • Final quarter or semester, where only a partial course load is needed to meet graduation requirements
  • Medical condition
  • Academic difficulty. Three types of reasons are allowed:
  • * Initial difficulty with the English language or reading requirements
  • * Unfamiliarity with U.S. teaching methods
  • * Improper course level placement
Reduced Course Load must be applied for in advance so that the SEVIS record can be updated and a new Form I-20 noting the Reduced Course Load can be issued.
On August 27, 2002, an Interim Final Rule was issued extending Reduced Course Load to border commuter students ; this was a complementary measure to the phasing out of the use of B visas for study.