Lori Meadows
Foreign students on an F1 visa in the US can extend their stay beyond their student visa. Students can apply for Optional Practical Training (OPT), which allows them to work off-campus in a job related to their field of study for up to 12 months. This period can be extended by an additional 24 months for students in STEM fields. F1 visa holders can also work part-time on campus during the school year and full-time during breaks. To maintain their F1 visa status, students must fulfil the purpose for which the visa was issued, such as attending all classes and making academic progress. They must also follow regulations, including maintaining a full course of study each term. F1 students intending to travel outside the US must consult their Designated School Official (DSO) and ensure they have the required documents, including a valid passport, visa, and financial information.
| Characteristics | Values |
|---|---|
| F-1 Visa Extension | F-1 visa holders can remain in the U.S. beyond their student visa's expiration date. |
| Work During Studies | F-1 visa holders can work on-campus part-time during the academic year and full-time during breaks. |
| Optional Practical Training (OPT) | F-1 visa holders can apply for OPT, which allows them to work off-campus in a related field for up to 12 months. |
| OPT Extension | STEM students can extend OPT by an additional 24 months. |
| Grace Period | There is a grace period after graduation, during which students can stay and work. |
| Travel Outside the U.S. | Students can stay outside the U.S. for up to 5 months and re-enter with a valid passport and visa. |
| Automatic Visa Revalidation | If the F-1 visa expires while outside the U.S., automatic revalidation may apply; otherwise, a new visa is required for re-entry. |
| Designated School Official (DSO) | F-1 visa holders should consult their DSO before traveling and for OPT applications. |
| Documentation | Required documents include Form I-20, passport, visa, financial information, and proof of intention to return home. |
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What You'll Learn
Requesting an extension through U.S. Citizenship and Immigration Services (USCIS)
Foreign students in the United States with F visas must depart the country within 60 days after the program end date listed on Form I-20. However, they may request an extension through U.S. Citizenship and Immigration Services (USCIS). Here is a step-by-step guide on requesting an extension through USCIS:
Determine Your Eligibility
Before starting the extension request process, it is important to check your eligibility. Certain nonimmigrant visa categories, such as K-1, K-2, S, TWOV, WT, and WB, are not eligible for extensions. In addition, there are specific requirements that must be met to qualify for an extension.
Choose the Correct Form
The next step is to determine the correct form to use for your extension request. This depends on your nonimmigrant classification. Most requests for extension of stay are filed on Form I-539 (Application to Extend/Change Nonimmigrant Status) or Form I-129 (Petition for a Nonimmigrant Worker). Carefully review the filing instructions for each form to determine which one applies to your situation.
Gather Required Documentation
You will need to submit various documents along with your extension request. These typically include proof of financial support, evidence of academic progress, and a valid passport. Check the USCIS website for a detailed checklist of required documents.
Complete the Form and Submit Your Request
Once you have determined your eligibility and gathered the required documentation, carefully complete the Form I-539 or Form I-129. Ensure that all sections of the form are filled out accurately and completely. Any missing fields may result in your form being rejected. Submit your completed form, along with the required fee, before the expiration date of your current authorized stay. You can submit your request by mail or file it online through the USCIS website.
Follow Up and Await a Decision
After submitting your extension request, you may be required to provide additional information or attend an interview. Stay in contact with your designated school official (DSO) and USCIS to ensure you are meeting all requirements. The processing time for extension requests can vary, so it is important to be patient and maintain your student status while awaiting a decision.
Remember, it is crucial to start this process early and carefully follow all instructions provided by USCIS. Failure to submit a complete and timely request may impact your ability to extend your stay in the United States.
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Maintaining student status
To maintain your F-1 student status in the US, you must comply with several requirements and regulations. Here are some key points to remember:
Before Arrival in the US:
- You must obtain a valid F-1 student visa from a consular officer, who will determine your qualification for the visa.
- You should plan to enter the US no more than 30 days before your program of study begins.
Upon Arrival in the US:
- Contact your Designated School Official (DSO) immediately. This person usually works in the International Student Office.
- When you arrive at your school, contact your DSO again, ensuring it is no later than the program start date listed on your Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status."
During Your Studies:
- Attend all your classes and maintain normal academic progress. If you are struggling, speak with your DSO.
- Maintain a full course of study each term. If you cannot study full-time, consult your DSO.
- Comply with credit hour requirements: register for 12 credit hours each semester. If you are a graduate student with an assistantship, register for 9 credit hours.
- Do not exceed the number of permitted online courses during a required semester. It is never possible to maintain F-1 status if you take only online courses during a required semester.
- If you intend to work, ensure you have authorization. F-1 students may work on-campus part-time (no more than 20 hours per week) while school is in session and full-time during school vacations. On-campus employment does not require special authorization. For off-campus employment, you usually must wait until after your first academic year, and even then, it may require USCIS permission. Working off-campus without authorization is a serious violation.
After Completing Your Program:
- F-1 students have 60 days after their program end date (listed on Form I-20) to either leave the US, transfer to another school, or begin Optional Practical Training (OPT).
- If you wish to extend your stay in the US beyond 60 days, you can discuss options with your DSO, such as transferring to another school or changing your visa status.
Remember, it is your responsibility as an F-1 student to maintain your status by complying with immigration regulations and fulfilling the purpose for which your visa was issued.
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Working on an F-1 visa
International students in the US on an F-1 visa are allowed to work but only under certain conditions and in accordance with complex guidelines and restrictions issued by the United States Citizenship and Immigration Service (USCIS). F-1 students may not work off-campus during their first academic year but may accept on-campus employment subject to certain conditions and restrictions. On-campus employment must be for the school or a company that contracts with the school to serve students directly. F-1 students may work up to 20 hours per week while school is in session and full-time during vacation or when school is not in session.
F-1 students are eligible for curricular practical training (CPT) at either the undergraduate or graduate level during their program of study. CPT employment must be an integral part of an established curriculum and directly related to the student's major area of study. Students can also engage in optional practical training (OPT) during or following their program of study. OPT is a form of temporary employment that directly relates to the student's program of study. Students who are authorized for OPT must apply for an Employment Authorization Document (EAD) and must have a Form I-20 endorsed for OPT.
F-1 students must complete at least one full academic year at an SEVP-certified school to be eligible for annual vacation. During their annual vacation, students can take as many or as few courses as they want, or none at all. Students may work during their annual vacation, but this work must be on-campus employment.
F-1 students can also work off-campus in three types of employment:
- Off-campus employment in a job that qualifies for Science, Technology, Engineering, and Mathematics (STEM) OPT extension
- Off-campus employment under the special extension of the OPT program for students employed by companies enrolled in the E-Verify program and studying specific subjects
- Off-campus employment with a "recognized international organization" listed on the official State Department list, such as the Red Cross or World Health Organization
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Applying for a new visa at a U.S. Consulate/Embassy
International students with an F1 visa must depart the US within 60 days after the program end date listed on Form I-20. However, students can stay in the US on an expired F-1 visa as long as they maintain their student status. If an F1 student wishes to extend their stay in the US, they can request an extension through US Citizenship and Immigration Services (USCIS).
When applying for a new visa, you will need to follow the same application process as your initial application. This involves gathering the necessary documentation, which includes but is not limited to:
- A Form I-20, endorsed for travel and signed by your Designated School Official (DSO).
- A valid passport that will remain current for at least six months after the date of your re-entry.
- Financial information demonstrating proof of necessary funds to cover tuition and living expenses.
- Evidence of your intention to return to your home country upon completion of your program, including compelling social and economic ties to your home country.
- If applicable, a copy of your Form I-20 endorsed for Optional Practical Training (OPT) and your Employment Authorization Document.
After submitting your application, you will be interviewed by a consular officer to determine your eligibility for a student visa. Ink-free, digital fingerprint scans are typically taken during this interview. The consular officer will inform you if your application requires further administrative processing. Once your visa is approved, you may need to pay a visa issuance fee, depending on your nationality. Remember that a visa does not guarantee entry into the US; it only allows you to travel to the country.
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Obtaining a change of status
International students with an F1 visa can remain in the US for up to 60 days after their program end date, as listed on Form I-20. To stay beyond this period, students must request an extension through US Citizenship and Immigration Services (USCIS).
If you are a foreign national already in the US on a non-immigrant visa and wish to change your status to an F1 visa, you must follow these steps:
- Submit an application with USCIS: File a Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. Not all non-immigrant classifications are eligible for a change to student status, so review the Form I-539 instructions carefully.
- Apply to an SEVP-certified school: Receive acceptance from an SEVP-certified school.
- Obtain Form I-20: Obtain an initial Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," from the SEVP-certified school. The Designated School Official (DSO) should indicate "change of status" in the Issue Reason section of the Form I-20.
- Pay the SEVIS fee: Once you receive the Form I-20, pay the I-901 SEVIS fee.
- Maintain valid non-immigrant status: If your non-immigrant status is still valid when you file the change of status application, you are not required to "bridge the gap" by obtaining status up to 30 days before your new program start date. However, if your non-immigrant status will expire more than 30 days before your new program starts, you must file a separate Form I-539 to extend your current status or change to another non-immigrant status.
- Do not enrol in classes until approved: If your change of status to F-1 is not approved at least 15 days before your program start date, contact your DSO to defer the start date to the following term or semester. Do not enrol in classes or begin your studies until USCIS approves your change of status.
- Wait to engage in F-1 status activities: If your change of status to F-1 is approved, it will be effective as of the date of approval. However, you must wait until you are within 30 days of your new program start date to engage in F-1 status-specific activities, such as on-campus employment and practical training.
- Apply for an F-1 visa if departing the US: The USCIS process changes your immigration status but does not provide a new visa stamp in your passport. If you need to leave the US after your change of status is approved, you must apply for an F-1 visa at a US consulate or embassy to re-enter the country as an F-1 student.
Please note that M-1 students cannot change to F-1 status while in the US. If you are an M-1 student wishing to change to F-1 status, you must leave the US, apply to an SEVP-certified school, receive a new Form I-20, and apply for a new visa at a US Embassy or Consulate if applicable.
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Frequently asked questions
Yes, F1 students can extend their stay in the US by applying for Optional Practical Training (OPT), which allows them to work off-campus in a job related to their field of study for up to 12 months. Students in STEM fields can get an additional 24-month extension.
To extend your stay as an F1 student, you should first consult your Designated School Official (DSO) and then apply to the US Citizenship and Immigration Services (USCIS) for an extension. You should maintain your F1 status and follow all regulations during your extension application process.
Extending your stay as an F1 student can provide valuable work experience and help build your career in the US. It also allows you to continue studying at a higher education level or transfer to another school.
