Who Can Study in the United States?

Students who are coming to the United States to pursue full-time academic or vocational studies are usually admitted in one of two nonimmigrant categories. The F-1 category includes academic students in colleges, universities, academic high schools and other academic institutions. The M-1 category includes vocational students.                                 

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   What is Needed to Apply for a Student Visa?

All applicants for a student visa must provide:

A Form I-20 obtained from a U.S. college, school or university. The form must also be signed by you and by a school official in the appropriate places;

A completed nonimmigrant visa application form (OF-156) with photo.

A passport valid for at least six months after your proposed date of entry into the United States;

Transcripts and diplomas from previous schools attended;

Scores from standardized tests required by the schools such as the TOEFL, SAT, GRE, GMAT, etc.

Financial evidence that shows you or your parents have sufficient funds to cover your tuition and living expenses during the period of your intended study.

Applicants with dependents must also provide: Proof of the student’s relationship to his/her spouse and/or children (e.g., marriage and birth certificates.)

It is preferred that families apply for F-1 and F-2 visas at the same time, but if the spouse and children must apply separately at a later time, they should bring a copy of the student visa holder’s passport and visa, along with all other required documents.

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   Can I Change My Nonimmigrant Status to a Student Status If I Am Already in the U.S.?

You first must apply to study at an INS-approved school in the United States. When you contact a school that you are interested in, you should be told if the school accepts foreign national students. If accepted, the school should send you INS Form I-20 (Certificate of Eligibility for Nonimmigrant (F-1) Student Status). You must submit INS form I-539 (Application to Extend/Change Nonimmigrant Status) to the INS. You must also prove that you have the financial resources required for your education and stay in the United States. However, the INS is often skeptical, they may suspect that you intended to study when entering on a different visa category.

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   How Long is the Student Visa valid to Stay in the United States?

You are allowed to remain in the United States for as long as you are enrolled as a full-time student in an educational program and making normal progress toward completing your course of study. For example, if you have a visa that is valid for five years that will expire on January 1, 2002, and you are admitted into the U.S. for the duration of your studies (often abbreviated as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2002 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one before being able to return to resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate abroad. 

You may also be allowed to stay in the country up to twelve additional months beyond the completion of your studies to pursue practical training. At the end of your studies or practical training, you will be given sixty days to leave the country.

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   I came in with a student visa how can I apply for work authorization?

You may be allowed to work on-campus or off-campus (after the completion of your first year of study) under some circumstances. Your visa allows you to work on campus for 20 hours a week or full time when on school vacation. After the completion of your first year of study, you may apply to the INS for a work permit that authorizes you to work off-campus, however, you must demonstrate special need to qualify. You may wish to discuss employment with your international student advisor. Your accompanying spouse and child (if applicable) may not accept employment.

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   How Can I Extend My Stay as a Student?

You do not need to apply to extend your stay as long as you are maintaining your student status and making normal progress toward completing your course of study. The designated school official from your school will write down a completion date on your Form I-20. Under normal circumstances, you should be able to complete your studies by this date. If you need to extend your stay for compelling academic or medical reasons, then you and the designated school official should fill out Form I-538 and send it to the INS student data center at least 30 days before the completion date listed on your Form I-20.

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   How Do I Apply to Transfer To a Different School?

You must be a full time student in good academic standing. You should notify your current school of your intent to transfer. You must ask the school that you plan on attending to give you a new Form I-20. Complete your portion of the Form I-20 and give it to your new designated school official within 15 days of transferring. The designated school official should give you the last two pages, known as Form I-20, and forward a copy of the first two pages, known as Form I-20 A-B, to the INS and your prior school. Changing schools while studying in the United States does not mean you have to apply for a new visa if you intend to travel overseas during your studies. A valid student visa does not need to show the name of the same school as is shown on the Form I-20 if you have been continuously enrolled during the academic year. 

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   Can I Travel Outside the United States?

Students may leave the United States and be readmitted after absences of five months or less. Upon your return to the United States, you must have:
- A valid passport.
- A valid F-1 entry visa stamped in the passport (if necessary).
- A current Form I-20 ID signed by your appropriate school official.
- Proof of your financial support.
Remember that you must be a full-time student to keep your F-1 student status. 

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   What Do I Need to Show When I Apply for a Visa?

The INS officer may not issue a student visa unless satisfied that the applicant:

(1) has a residence abroad,

(2) has no intention of abandoning that residence, 

(3) intends to depart from the United States upon completion of the course of study.

Applicants generally establish their ties abroad by presenting evidence of economic, social, and/or family ties in their homeland.

F-1 Student:    The term "sufficient funds to cover expenses" means the applicant must establish the unlikelihood of either becoming a public charge or of resorting to unauthorized U.S. employment for financial support. An applicant must provide documentary evidence that sufficient funds are, or will be, available to defray all expenses during the entire period of anticipated study. The officer must be satisfied that, barring unforeseen circumstances, adequate funds will be available for each subsequent year of study from the same source or from one or more other specifically identified and reliable financial sources.

M-1 Student:   All applicants for M-1 visas must present evidence that they have immediately available to them funds or assurances of support necessary to pay all tuition and living costs for the entire period of intended stay.

Funds From Source(s) Outside the United States:  Whenever an applicant indicates financial support from a source outside the United States, the INS officer must determine whether there are restrictions on the transfer of funds from the country concerned. If so, the officer must require acceptable evidence that these restrictions will not prevent the funds from being made available during the period of the applicant's projected stay in the United States.

Funds From Fellowships and Scholarships for F-1 Student:   A college or university may arrange for a nonimmigrant student to engage in research projects, lecture, or perform other academic functions as part of a fellowship, scholarship or assistantship grant, provided the institution certifies that the student will also pursue a full course of study.

Relationship of Education or Training Sought To Existence of Ties Abroad:   The fact that a student’s proposed education or training would not appear to be useful in the homeland is not, in itself, a basis for refusing an F-1 or M-1 visa. It may, however, be a relevant factor in the overall assessment of the likelihood of the student’s return.  

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   What is an H-1B Visa?

The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

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   What is a Specialty Occupation?

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. Examples include engineering, mathematics, physical sciences, education, business specialties, accounting, law, theology etc.

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   How Does One Apply for an H-1B Visa?

H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application with the Department of Labor attesting to several items. The employer must then file an I-129 petition with the INS and an additional $500 fee to sponsor the H-1B worker. Based on the INS petition approval, the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status.

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   How Long Can One be in H-1B status?

An H-1B visa holder can be in H-1B status for a maximum period of six years at a time. After that time the person must remain outside the United States for one year before another H-1B petition can be approved.

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   Who can an H-1B visa holder work for?

H-1B visa holders may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. An alien may change employers without affecting status, but the new employer must file a new I-129 petition for the alien before he or she begins working for the new employer.

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   Can an H-1B Visa Holder Travel Outside the U.S.?

An H-1B visa allows an alien holding that status to reenter the U.S. during the validity period of the visa and approved petition.

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   Can I bring my spouse and family members on an F-1 Visa?

A spouse and unmarried, minor children may accompany the F-1 student. They must meet all visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the student's program ends. Spouses and children of students may not accept employment at any time.

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How can I learn why I was denied a visa at a post overseas?

An applicant is normally told the reason for visa denial. If you do not understand the reason for the visa denial, or wish to produce more evidence to overcome the denial, you should contact the embassy or consulate where the visa application was made to determine their reapplication policy.

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What can I do if I have been denied a visa, Can I appeal?

All visa denials are usually reviewed by a senior consular officer. As a general rule, there is no appeal process for visa denials, but you can reapply for a nonimmigrant visa if you can present new evidence to overcome the previous grounds for refusal. Many high volume visa rejection embassies/consulates require a significant period of time to elapse before applying again with new qualifying evidence.

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I am about to Apply for a Student Visa Interview, What should I do to be successful?

The biggest obstacle that many international students face is getting a student visa that will permit them to travel and study in the United States. Getting a student visa has become the most stressful and challenging part of applying to study in the United States. 

We just wrote a  thoroughly well researched informative book/guide after receiving thousands of e-mails, requests and questions from intending international students on student visas specifically on the interview process.

The forty-page book/guide will show you in clear details how to apply to get a student visa to study in the United States. You will learn the steps to take to successfully prepare, apply, interview and get a student visa. You will get a clear understanding of what it takes and what you need to have to qualify for and get a student visa. It will take you beyond the basic rules and laws governing student visas. It will help you get into the head of Consular Officers, what they are looking for, what they are thinking. If you have ever applied for and denied a student visa, this book will tell you what you are doing wrong.

You will learn the secrets of successfully applying and interviewing for a student visa

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I Was Denied A Student Visa. What Should I Do?

We just wrote a  thoroughly well researched informative book/guide on student visa interviews. In this book/guide you will learn what separates the successful visa applicant from the unsuccessful applicant. How to maximize your chances of getting a student visa. What to do and what you must not do after a student visa denial. You will get a clear understanding of what it takes and what you need to have to qualify for and get a student visa. If you have ever applied for and denied a student visa, this book will tell you what you are doing wrong. Get The Book.

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