Introduction

There are mainly two types of non-immigrant student visas. They are F-1 Visa and J-1 Visa. You will find useful information about getting F-1/J-1 visa F-2/J-2 visa and paid employment options available.

F1 Visa

This visa is for students qualified to attend full time college, university, conservatory, academic high school (subject to strict regulations) and any institution with language-training programs in the United States. Basic Requirements:

  • The student must have completed the course of study required of all students entering the program;

  • Be proficient in English;

  • Proof of sufficient, easily transferable funds to cover cost of living and tuition.

  • The school must provide the student with a

  • Form I-20 A-B.

Required Documentation when applying for the visa:

  • Non-refundable $45 application fee (subject to change);

  • Form OF-156, completed and signed (available at the Consulate/Embassy);

  • Passport validity of at least six months beyond end of intended stay;

  • One photograph 1" square;

  • Form I-20 A-B (from school);

  • Evidence of sufficient funds;

  • Supporting documents satisfying the consulate that the student intends to leave US after completion of studies.

Transferring Schools

To transfer to another school, the student must complete a new I-20 form and submit it to the designated student officer at the new school. This must be within 15 days of beginning class at the new school. The designated student officer of the new school who must then send a copy to the officer at the first school and to the INS must endorse the I-20. This must be done within 30 days of receiving the I-20 from the student. If the foreign student had employment authorization, it is terminated upon a change of schools.

A similar process is required to change the educational program within the same institution. However, the student will not lose the employment authorization in this case.

F2 Visa

For a spouse and/or dependent children to enter the United States with an F-1 student, or to join them later, the spouse and/or dependent children must meet certain requirements.

  1. They must have a valid passport

  2. They must prove that they have sufficient funds to meet all their expenses while in the United States;

  3. They must agree to depart the United States upon the termination of the foreign student's F-1

If the spouse and or dependent child are going to accompany the foreign student to the United States, the foreign students' form I-20A-B or I-20M-N may be used as the basis to request the F-2. If the spouse and or dependent child are joining the student later, they have to submit an endorsed form I-20A-B or I-20M-N from the school, which the foreign student is attending.
J1 Visa

The J-1 visa program is actually an "exchange program" and not necessarily a student-based program. However, by far, students seeking their medical degrees in the United States are the most frequent users of the visa. The J-1 visa is preferred over the F-1 by some students since the spouse of the J-1 is allowed to work in the United States.

Basic Requirements:

  • sufficient funds to cover all expenses or a sponsoring organization that will provide full support;

  • the required education for the particular program.

  • A good understanding of the English language, or a program for non-English speakers;

Visas for Dependents - the J-2

  • Spouses and minor children of J-1 eligible;

  • IAP-66 as well as other basic documentation to be submitted;

  • Demonstrate sufficient financial resources to support themselves while in the United States.

Employment While in the United States as a J-1

  • Employment options are dictated by the nature of applicant's particular program.

  • Applicant may accept paid employment by the particular program like on-the-job training, teaching, research or other such activities.

  • Applicant cannot accept outside employment.

Employment of J-2 in the United States

  • Dependents may work in the United States for either the duration of J-1 or four years - whichever is shorter;

  • The work authorization is valid only if the J-1 is maintaining status;

  • Application for work authorization may be made by using the form I-765;

Additional Requirements for Medical Education Participants

  • Must have passed the FMGEMS;

  • Must have demonstrated competency in English;

  • Subject to limits on duration of program; and

  • Subject to two year foreign residence requirement.

  • Exception to two year foreign residence requirement for physicians coming to the U.S. for observation, research, teaching and consultation where there is minimal or no patient care.

Paid Employment Options

On Campus Employment

Two types of on campus employment are allowed without explicit INS authorization. The students should maintain their status of F-1/J-1 by taking full time course load.

  1. While school is in session the student cannot work more than 20 hours per week, although during vacations the student may work full time. The student can work for a commercial firm that contracts with the school to provide services, such as a bookstore or cafeteria.

  2. While the work must be "on campus," INS regulations allow work at some off campus locations. This includes employment as part of a scholarship, assistantship, fellowship, post-doctoral appointment, etc. There are two primary situations when this is the case. First, if the workplace is "educationally related" to the school, it is considered on campus. Second, a workplace that is "educationally affiliated" with the school is considered on campus. This covers situations in which the student is conducting research with a professor who has a research grant that does not come from the school.

Off Campus Employment because of Economic Necessity

Any unanticipated change in financial resources or funding can be a sufficient reason to get permission from INS to work off-campus after nine months of school attendance. Example of this situation are, a severe devaluation in the currency of student's home country, substantial increases in the cost of tuition or costs of living or medical bills.

Curricular practical training

This covers work that is required for graduation or training that is a part of academic requirements, such as an internship, practicum, whether or not academic credit is earned. Except for graduate students, this cannot be used for paid curricular training during the first nine months of school. If a student undergoes more than one calendar year of curricular practical training, he or she is not eligible for optional practical training. Although INS authorization is not required for curricular practical training, the school does have to notify the INS of such employment. However, this does not apply for unpaid training.

Optional Practical Training (OPT)

This option is designed to give the foreign student an opportunity to further their education by gaining practical experience. It is usually available after the successful completion of academic program. The job must be related to their field of study, and the authorization to work is for 12 months only. Optional practical training may be obtained during school or after graduation, but is still limited to 12 months. Therefore, any optional practical training time used before graduation will mean it is unavailable after graduation. It must be completed within 14 months of the student's completion of the academic program.

Pre-graduation OPT is available in the following circumstances:

  • When school is not in session, as long has the student is eligible for the next academic semester and intends to register.

  • when school is in session, so long as the student works less than 20 hours a week.

Applying for Optional Practical Training
The student must submit Form I-538 to the designated student officer along with their I-20. The school sends the Form I-538 to the INS for notification purposes, and notes on the student's I-20 that OPT is recommended, as well as the dates it is to commence. The student then applies to the INS for an employment authorization document. The application must include the following:

  1. form I-765 Application for Employment Authorization

  2. form I-20, recommending OPT

  3. a copy of the student's I-94

  4. an executed I-765 signature card

  5. two photographs

  6. Filing fee of $100

This application is sent to the INS Service Center. The Service Center will either send the employment authorization card directly to the student or to the local INS office with jurisdiction over the school.

If the INS does not adjudicate the request within 90 days, the student may go to the local INS office, and, upon presenting the receipt notice from the Service Center, receive an interim employment authorization document that will be valid for 240 days.