Lana Oconnell
International students in the United States are considered nonimmigrants, as they are in the country temporarily and solely to complete a program of study. The U.S. Department of Homeland Security categorizes international students as F-1 nonimmigrants or M-1 nonimmigrants, depending on their course of study and the type of school they plan to attend. F-1 students are enrolled in academic or language training programs, while M-1 students are enrolled in vocational or other non-academic programs. International students must obtain a student visa, such as an F or M visa, to study in the U.S. and are subject to various regulations and restrictions during their stay.
| Characteristics | Values |
|---|---|
| Definition | Non-immigrants are "non-resident aliens" who come to the United States temporarily to take classes or take online courses virtually from anywhere in the world. |
| Visa categories | F-1, M-1, H4, L2 |
| F-1 Visa | Academic Student |
| M-1 Visa | Vocational Student |
| F-2 Visa | Foreign national who is the spouse or qualifying child of an F-1 student |
| M-2 Visa | Foreign national who is the spouse or qualifying child of an M-1 student |
| Eligibility | Must be enrolled in an "academic" educational program, a language-training program, or a vocational program |
| School accreditation | School must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement |
| Duration of stay | F-1 students must depart the US within 60 days of their program end date; M-1 students must depart within 30 days |
| Benefits | Applying for a driver's license, practical training opportunities, and, under certain circumstances, working |
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What You'll Learn
International students are considered nonimmigrants
International students in the United States are considered nonimmigrants. This is because their purpose for being in the country is solely to complete a program of study at a Student and Exchange Visitor Program (SEVP)-certified school. The U.S. Department of Homeland Security categorizes international students as F-1 nonimmigrants or M-1 nonimmigrants. F-1 nonimmigrants are international students pursuing a full course of academic or professional study, including language training, at an SEVP-certified school. M-1 nonimmigrants, on the other hand, are international students enrolled in a full course of study at an SEVP-certified vocational or other recognized non-academic institution.
F and M visas are nonimmigrant visas that allow international students to study in the United States. To obtain these visas, students must meet specific requirements, such as enrolling in an academic, language-training, or vocational program and attending an approved school. Additionally, international students on F and M visas may be eligible for certain benefits, including applying for a driver's license, practical training opportunities, and, under specific circumstances, employment.
While F-1 and M-1 students are considered nonimmigrants, they are legally residing in the United States with valid visas. However, for tax purposes, they are classified as "non-resident aliens" upon their arrival and may become "resident aliens" after staying in the country for a certain period, typically five years. This distinction is essential for tax filing purposes, as it determines the applicable taxes, such as federal, social security, and FICA taxes.
It is important to note that international students must comply with the regulations and maintain their student status while in the United States. Failure to do so, including overstaying beyond the allowed duration, can result in their visas being voided and potential ineligibility for future visas. International students should refer to the guidelines provided by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), and other relevant authorities to ensure they understand their rights and responsibilities as nonimmigrants.
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F-1 visa holders are non-resident aliens
International students in the United States are considered nonimmigrants because their sole purpose for being in the country is to complete a program of study at a Student and Exchange Visitor Program (SEVP)-certified school. The U.S. Department of Homeland Security categorises F-1 nonimmigrants as international students in the United States to pursue a full course of academic or professional study (including a language training program) at an SEVP-certified school.
F-1 visa holders are considered non-resident aliens for tax purposes during their first five calendar years in the U.S. After five years, F-1 visa holders are considered resident aliens for tax purposes. However, this classification is purely for tax filing purposes, and F-1 visa holders are still considered non-immigrants.
F-1 visa holders are considered non-immigrants because they do not meet the criteria for ""substantial presence" in the U.S. To meet this test, an individual must be physically present in the U.S. for at least 183 days over a three-year period, including the current year and the two preceding years. F-1 visa holders are exempt from this count during their first five calendar years.
It is important to note that while F-1 visa holders are considered non-resident aliens for tax purposes, they may still be eligible for certain benefits while studying in the United States. These benefits include applying for a driver's license, taking advantage of practical training opportunities, and, under certain circumstances, working. However, upon completing their program of study, F-1 visa holders must depart the United States within 60 days of their program end date.
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M-1 visa holders are non-resident aliens
International students in the United States are considered nonimmigrants, as they are in the country temporarily to complete a program of study. F-1 and M-1 visas are non-immigrant visas, with F-1 being for academic study and M-1 being for vocational or other non-academic study. F-2 and M-2 visas are also non-immigrant visas for the spouses and children of F-1 and M-1 visa holders, respectively.
M-1 visa holders are considered non-resident aliens for tax purposes for up to five calendar years, after which they may become resident aliens for tax purposes if they meet the "Substantial Presence Test". This rule also applies to F-1 and J-1 visa holders. However, M-1 visa holders are still considered non-immigrants, even after five years, as their purpose for being in the country remains to complete a program of study.
It is important to note that nonimmigrants are generally not permitted to earn self-employment income in the United States. If an M-1 visa holder violates their nonimmigrant status and earns self-employment income, they will be subject to US income tax and, if they become a resident alien, self-employment tax.
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International students can apply for a driver's license
International students are considered nonimmigrants in the United States if they are in the country temporarily to complete a program of study at a Student and Exchange Visitor Program (SEVP)-certified school. An international student can apply for a driver's license in the US, but there are several steps to the process.
Firstly, it is important to wait at least 10 days after arriving in the US before applying for a driver's license. This is because your Form I-94, indicating your F-1 nonimmigrant status, needs to update in all government systems. This form is a record of your travel history and is required by the DMV to issue a US driver's license.
Next, you will need to gather the correct documentation. This includes a valid passport and student visa, proof of residence, and an SSN card or denial letter. The specific documents required vary from state to state, so it is important to check with your local DMV office or campus advisor before applying.
Once you have gathered the necessary documents, you can submit them to the DMV, along with any required fees. The DMV will then verify your nonimmigrant student status and determine your eligibility for a driver's license. In some cases, you may also need to pass a driving and written test. However, if you have a driver's license from your home country or another state, you may be exempt from these tests.
After a successful application, a DMV official will explain the next steps. In some cases, you may receive a temporary license immediately, while in other cases, you may need to wait several weeks for your license to arrive in the mail.
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International students can work in certain circumstances
International students in the United States are considered nonimmigrants, defined as those who are in the country temporarily to complete a program of study at a Student and Exchange Visitor Program (SEVP)-certified school. The US Department of Homeland Security categorizes nonimmigrant students as F-1, F-2, M-1, and M-2. F-1 and M-1 students may be eligible for certain benefits, including some employment opportunities, under certain circumstances.
F-1 students may work at another campus if it is listed on the same Form I-17, "Petition for Approval of School for Attendance by Nonimmigrant Student". They must talk to their Designated School Official (DSO) before changing jobs to ensure the new position qualifies as on-campus employment. F-1 students may also be eligible for off-campus employment under certain circumstances, such as severe economic hardship or special student relief. However, they must first be in valid F-1 status for at least one academic year and provide evidence of economic hardship beyond their control. Off-campus employment authorization ends one year after issuance or upon completion of the program, whichever comes first.
M-1 students may engage in practical training only after they have completed their studies, and any off-campus training employment must be related to their area of study and authorized by the DSO and U.S. Citizenship and Immigration Services (USCIS).
On-campus employment is the most freely available option for international students, although opportunities may be limited at most schools. Students may also need to obtain permission from the International Student Office prior to accepting on-campus employment, and such employment may not be permitted in a student's first semester or year.
International students with an F-1 visa must demonstrate their ability to afford school and living expenses before entering the United States and should not plan to work off-campus. However, they 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, including the Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT).
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Frequently asked questions
Yes, international students in the United States are considered nonimmigrants because they are in the country solely to complete a program of study at a Student and Exchange Visitor Program (SEVP)-certified school.
The two main types of nonimmigrant visas for international students in the US are the F and M visas. The F-1 visa is for academic students enrolled in a full course of study at an accredited academic institution, while the M-1 visa is for vocational students enrolled in non-academic programs.
F and M nonimmigrant students may be eligible for certain benefits, including applying for a driver's license, taking advantage of practical training opportunities, and working under certain circumstances. Additionally, F-1 students may be eligible for on-campus employment during their first academic year and off-campus employment opportunities in specific fields after their first year.
