Federal Law And International Students: Understanding The Legal Landscape

does federal us law apply to international students

International students in the United States are subject to federal laws and policies that govern their visa status, employment, and academic conduct. The most common visa categories for international students are F-1 (Academic Student) and M-1 (Vocational Student) visas, which allow non-immigrants to pursue full-time academic or vocational studies at accredited institutions. Federal policies outline eligibility criteria, employment restrictions, and social security requirements for these visa holders. Additionally, international students have certain constitutional rights when confronted by authorities and are expected to abide by institutional policies and codes of conduct to maintain their immigration status. The impact of federal policies on international students has drawn attention, particularly with the Trump administration's actions targeting immigration and international enrollment in higher education.

Characteristics Values
Visa categories F-1 (Academic Student) and M-1 (Vocational Student)
F-1 Visa requirements Enrolled in a program that culminates in a degree, diploma, or certificate at an accredited institution; school must be authorized by the U.S. government to accept foreign students
M-1 Visa requirements Enrolled in vocational or other non-academic programs, excluding language training
Employment restrictions F-1 students cannot work off-campus during the first academic year; M-1 students' off-campus employment must be related to their area of study and authorized by the Designated School Official and USCIS
Social Security number eligibility Only aliens with DHS permission to work can apply
Visa Interview Waiver eligibility Individuals renewing visas in the same category within 12 months of expiration
Legal rights Basic rights that must be respected by authorities, including DHS, FBI, and local police; the right to remain silent and not disclose immigration or citizenship status to officials
Federal policies Pause on disbursements to grant funding recipients, including international students; executive orders targeting immigration

shunstudent

International students' basic rights and legal repercussions

Federal policies and programs, as well as administrative and legislative actions, can impact international students and scholars in the United States. For instance, the Trump administration's attempt to prevent Harvard from enrolling foreign students brought attention to the internationalization of American higher education. International students on F-1 visas are now exempt from proving their intention to return to their home country after completing their studies, thanks to the introduction of dual intent. Additionally, STEM, healthcare, and medical professional PhD graduates are now eligible for an O status, creating a new employment-based nonimmigrant status option.

International students in the US have various rights that protect them in areas such as housing, employment, education, and support services. These rights include fair and equal treatment, privacy protections, freedom from discrimination, and access to student support services. For instance, F1 visa holders have the right to work on campus for a specific number of hours, access academic resources, and receive legal support if necessary.

International students also have the right to form or join student unions, which advocate for better academic and living conditions. They can participate in student committees, organizations, clubs, and extracurricular activities. It is important to note that the rights of international students may vary depending on their visa type.

All persons in the United States, including foreign nationals, have basic rights that must be respected by authorities, including the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and local police. However, it is crucial for international students to familiarize themselves with the policies and codes of conduct of their educational institutions to avoid academic and legal repercussions. Even innocent violations of the law can have serious consequences for immigration status.

shunstudent

Visa requirements for international students

International students intending to study in the United States are generally required to obtain a student visa. The US offers two types of nonimmigrant visas for students: the F-1 Visa (Academic Student) and the M-1 Visa (Vocational Student). The F-1 visa is the most common option, allowing international students to enrol full-time in an accredited college, university, school, seminary, conservatory, or other academic institutions, including language training programs. To be eligible, students must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and the educational institution must be authorised by the US government to accept foreign students. F-1 visa holders may accept on-campus employment but are restricted from off-campus work during their first academic year. After the first year, they may engage in specific types of off-campus employment, including Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT).

The M-1 visa, on the other hand, is for students pursuing vocational or other non-academic programs, excluding language training. It should be noted that the M-1 visa is typically limited to a total duration of one year.

To apply for either the F-1 or M-1 visa, students must submit various documents, including a valid passport, a photograph, and the visa processing fee. The passport must remain valid for the entire period of the student's stay, plus an additional six months. Additionally, students are required to schedule an interview at a US embassy or consulate, after which the visa may be issued.

It is important to note that visa requirements and procedures may be subject to updates and changes. For instance, in June 2025, the US resumed student visa processing with stricter social media screening. Therefore, it is advisable to refer to official government sources for the most current and accurate information regarding visa applications and requirements.

shunstudent

Working in the US as an international student

To work in the US as an international student, you will generally need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States: the F-1 Visa and the M-1 Visa.

F-1 Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and your school must be authorized by the U.S. government to accept foreign students.

F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

  • Curricular Practical Training (CPT): Work that is integral to the student's degree and a fundamental part of the curriculum.
  • Optional Practical Training (OPT): Work that is directly related to the student's major. F-1 students may be eligible for a STEM OPT Extension.
  • Severe Economic Hardship: To qualify, the student must prove that they are facing serious economic hardship due to unforeseen circumstances beyond their control.

M-1 Visa

The M-1 Visa (Vocational Student) category includes students in vocational or other non-academic programs, excluding language training.

Work Opportunities for F-1 Students

On-campus employment is the most freely available type of work for F-1 students. It includes work that takes place on campus or at an off-campus location that is educationally affiliated with the school, such as working at a university bookstore or cafeteria. F-1 students may apply for on-campus employment up to 30 days before the start of classes and may not work more than 20 hours per week when school is in session.

Off-campus employment opportunities for F-1 students are limited and must be related to their area of study. All off-campus employment must be authorized by the Designated School Official (DSO) and USCIS prior to starting work. To apply for off-campus employment, students must first explain their economic hardship situation and receive approval from their DSO, who will provide an updated Form I-20. Students must then file a Form I-765, "Application for Employment Authorization," with USCIS within 30 days of receiving their recommendation. If approved, USCIS will send a Form I-766, "Employment Authorization Document" (EAD), with the dates the student may work off-campus.

Work-Study Programs

Organizations like HTIR Work-Study connect students with schools that offer work-study programs, allowing international students to help cover the costs of their education while gaining valuable work experience.

Other Considerations

It is important to note that the process of working in the US as an international student is subject to complex guidelines and restrictions issued by the United States Citizenship and Immigration Service (USCIS). International students must maintain lawful F-1 status and work within the terms and restrictions of their visa. Working illegally in the US can result in serious consequences, including termination of the student's SEVIS record and immediate departure from the country.

shunstudent

International students and grant funding

International students are not eligible for US government-backed loans like Stafford Loans or Plus Loans. However, they are eligible for private international student loans to study in the US. To be eligible for a loan, students will need to meet specific requirements, such as attending an approved school and having a cosigner.

International students can also apply for grants to help cover the costs of studying in the US. Grants are available from both national and international sources and vary in amount. Students can apply for as much funding as they want, but they should carefully check the eligibility rules of any grant before applying.

International students with F-1 status, the most common status for full-time international students, are allowed to work part-time on campus for fewer than 20 hours per week. M-1 visa holders for technical and vocational programs are not permitted to work during their studies. 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. After the first academic year, F-1 students may engage in three types of off-campus employment, including the Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT).

In addition to grants and loans, international students can also seek scholarships to help fund their studies in the US. Both private and public institutions may waive application fees, and some universities offer limited financial aid for international students. Merit-based scholarships are granted based on special skills, talents, or abilities, while need-based scholarships are awarded based on financial need. Students can also explore funding opportunities from their home country, such as scholarships or grants from organizations or governments.

shunstudent

International students and social security numbers

International students in the US on F-1 or M-1 visas may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in off-campus employment, but this must be authorized by the Designated School Official and USCIS. In general, only non-citizens who have permission from DHS to work can apply for a Social Security Number (SSN).

The Social Security Administration (SSA) assigns nine-digit SSNs to U.S. citizens, permanent residents, and eligible nonimmigrant workers in the United States. SSNs are used to report wages to the government, track Social Security benefits, and for other identification purposes. Every F and M student who U.S. Citizenship and Immigration Services (USCIS) grants employment authorization to needs an SSN. If an F or M student is ineligible to receive an SSN but receives non-wage income (e.g. scholarships, grants), they must apply for an Individual Taxpayer Identification Number (ITIN).

To apply for an SSN, international students must verify that they are in Active status in the Student and Exchange Visitor Information System (SEVIS). Their SEVIS record must be in Active status for at least two days before applying for an SSN, and they must wait 10 days after arriving in the United States to allow time for their arrival information to update in all government systems. Students can file their application for an SSN card in person at any SSA office, providing original documents to prove their age, identity, and work-authorized immigration status.

Some states require that individuals have an SSN or have applied for one before they can apply for a driver's license. In these states, international students who are not eligible to work but want to apply for a driver's license must first apply for an SSN and receive a Form SSA-L676, "Refusal to Process SSN Application."

While having an SSN is convenient for opening bank accounts and other services, it does not grant legal authorization to work in the US. If an international student has been granted authorization to work, they are required to apply for and obtain an SSN.

Frequently asked questions

There are two nonimmigrant visa categories for international students: F and M visas. F-1 visas are for academic students enrolled in an accredited college, university, or other academic institution, while M-1 visas are for vocational students.

To obtain an F-1 or M-1 visa, you must be enrolled in an approved academic or vocational program, and your school must be authorized by the US government to accept foreign students.

F-1 students may accept on-campus employment during their first academic year and may be eligible for off-campus employment in certain situations after their first year. M-1 students must have employment related to their area of study and authorized by the Designated School Official and USCIS.

All persons in the US, including international students, have basic rights that must be respected by authorities such as the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI). You have the right to remain silent and do not have to discuss your immigration status with officials.

The Trump administration has targeted immigration with executive orders and administrative actions. One example is the attempt to prevent Harvard from enrolling foreign students, which has drawn attention to the increasing number of international students in US higher education.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment