Lori Meadows
International students who wish to study in the United States must obtain a student visa. There are two nonimmigrant visa categories: the F and M visas. F-1 students enrol in academic programs, while M-1 students enrol in vocational programs. To change your nonimmigrant status to a student status, you must submit an application to USCIS. USCIS provides a personalized account to help you navigate the immigration process, with up-to-date information about the application process, tools to help with filing, and information to explore immigration options.
| Characteristics | Values |
|---|---|
| USCIS Status | F-1 or M-1 visa |
| F-1 Visa | Academic educational program, language-training program, or vocational program |
| M-1 Visa | Vocational program |
| Application Process | Submit an application with USCIS to change your status |
| Work Permission | F-1 students may work off-campus after the first academic year; M-1 students are not eligible for employment during their program but may obtain authorization for practical training employment after completion |
| Time Limit | F-1 students have 60 days after completion of their program to leave the U.S.; M-1 students have 30 days |
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What You'll Learn
Student visa requirements
To study in the US as an international student, you must obtain a student visa. The most common types of student visas are F-1 and M-1. F-1 visas are for full-time international students pursuing academic studies, while M-1 visas are for those in vocational or other non-academic programs.
To obtain an F-1 or M-1 visa, you must meet certain requirements. Firstly, you must be enrolled as a full-time student at an accredited academic institution or a language-training program. Your school must be approved by the Student and Exchange Visitor Program (SEVP) of the U.S. Immigration and Customs Enforcement. Additionally, you must demonstrate English proficiency or be enrolled in courses leading to English proficiency. You must also have sufficient funds to support yourself financially throughout your studies and maintain a residence abroad with no intention of giving it up.
During the application process, you will be required to provide unmounted and unretouched photographs. Ink-free, digital fingerprint scans will also be taken, usually during your interview with a consular officer. After the interview, the consular officer will inform you if your application requires further administrative processing. If your visa is approved, you may need to pay a visa issuance fee, depending on your nationality.
It is important to note that a visa does not guarantee entry into the United States. It only allows a foreign citizen to travel to a U.S. port of entry, where a Customs and Border Protection (CBP) officer will determine your admissibility. Additionally, if you are already in the United States on a nonimmigrant visa and wish to change your status to a student visa, you must submit an application with USCIS and meet certain criteria.
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Employment rules
International students in the US on a nonimmigrant F-1 or M-1 visa are subject to specific rules and regulations regarding employment. These rules outline the type of employment permitted, the eligibility criteria, and the authorisation process.
F-1 Visa Holders:
F-1 students are generally not allowed to work off-campus during their first academic year. 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 under three categories:
- Curricular Practical Training (CPT): This includes work performed for on-location commercial firms providing services to students on campus, such as the school bookstore or cafeteria. It also includes work at off-campus locations that are educationally affiliated with the school and are an integral part of the student's educational program. CPT requires authorisation from the school's Designated School Official (DSO) and the school's International Student Office.
- Optional Practical Training (OPT): F-1 students may be eligible for OPT during and after the completion of their degree. OPT can be full-time or part-time and must be directly related to the student's area of study. To qualify for OPT, students must apply for an Employment Authorisation Document (EAD) from USCIS and receive authorisation from their school's International Student Office.
- Severe Economic Hardship: F-1 students facing severe economic hardship, as defined by USCIS, may be permitted to work off-campus for up to 20 hours per week during the school session and full-time during breaks. To qualify, students must provide evidence of economic hardship due to unforeseen circumstances and demonstrate that on-campus employment is unavailable or insufficient.
M-1 Visa Holders:
M-1 students may engage in practical training only after they have completed their studies. Off-campus employment must be related to their area of study and authorised by the Designated School Official (DSO) and USCIS prior to starting work. M-1 students are not permitted to change to F-1 status while in the United States.
It is important to note that employment rules for international students are subject to change, and students should consult the USCIS website and their school's International Student Office for the most up-to-date information and guidance.
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Changing status
If you are an international student in the United States and want to change your nonimmigrant status, you must meet certain criteria and submit an application with USCIS. You may apply to change your nonimmigrant status while remaining in the United States if you were lawfully admitted to the country in a nonimmigrant status and have not committed any crimes or engaged in any actions that would make you ineligible for a change of status.
To change your nonimmigrant status to a student status (F-1 or M-1), you must first apply to and gain acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. You will then need to 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 a change of status in the Issue Reason section of the Form I-20. You must also pay the I-901 SEVIS Fee.
The next step is to file a Form I-539, "Application to Extend/Change Nonimmigrant Status", with USCIS. Please note that not all nonimmigrant classifications are eligible to change to student status, so it is important to carefully read the instructions on Form I-539 to ensure that your category is eligible. If your current nonimmigrant status will expire more than 30 days before your M-1 program start date, you will need to file a separate Form I-539 to request an extension of your current status or a change to another nonimmigrant status, in addition to your Form I-539 application to change to student status.
If you are an M-1 student, you may not change to F status while you are in the United States. If you wish to attend school as an F-1 student, you will need to leave the country, apply to an SEVP-certified school, and obtain a new Form I-20. Additionally, if you are an international exchange visitor (J-1), you may not change your nonimmigrant status if you were admitted to the United States for graduate medical training, unless you receive a special waiver.
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Maintaining status
To maintain your status as an international student in the United States, you must adhere to specific requirements and regulations. Here are some essential guidelines to help you maintain your F or M student status:
Maintaining F or M Student Status
Firstly, understand that your student status is linked to the purpose of your stay in the United States. If you hold an F or M student visa, your primary purpose is to study. Therefore, you should not engage in any activities that detract from this purpose.
Fulfilling Your Purpose
To maintain your status, you must fulfil the specific purpose for which your visa was issued. This means enrolling in an academic program, language-training program, or vocational program at an accredited institution. Your school must be approved by the Student and Exchange Visitor Program (SEVP), and you must be enrolled as a full-time student.
Following Regulations
Follow the regulations associated with your visa type. For instance, F-1 students are allowed to work in certain cases with authorization from a Designated School Official (DSO) or U.S. Citizenship and Immigration Services (USCIS). On the other hand, M-1 students are generally not eligible for employment during their program but may obtain authorization for practical training employment after completing their vocational program.
Maintaining Academic Standing
Maintain good academic standing by making satisfactory progress in your program. This typically involves maintaining a certain grade point average (GPA) or meeting specific academic requirements set by your institution.
Financial Requirements
Ensure that you have sufficient funds to support yourself financially throughout your entire course of study. This demonstrates that you can cover your tuition and living expenses without relying solely on employment, which could violate your student status.
Maintaining Valid Visa Status
Keep your visa status valid by complying with any necessary visa renewals or extensions. This may involve submitting the appropriate documentation and fees to USCIS before your current visa status expires.
Remember, maintaining your student status is crucial to remaining in good standing with the U.S. government and avoiding any adverse consequences that could impact your ability to continue your studies in the United States. Always refer to official government sources for the most up-to-date and accurate information regarding your specific situation.
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Application process
To study as a full-time student in the United States, you will generally need a student visa. There are two non-immigrant visa categories for persons wishing to study in the United States: the F and M visas. 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. To be eligible, you must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and your school must be authorised by the U.S. government to accept foreign students. The M-1 visa (Vocational Student) category includes students in vocational or other non-academic programs, other than language training.
To be eligible for either visa, you must:
- Be enrolled as a full-time student at the institution
- Be proficient in English or be enrolled in courses leading to English proficiency
- Have sufficient funds available for self-support during the entire proposed course of study
- Maintain a residence abroad, which you have no intention of giving up
Citizens of Canada and Bermuda generally do not require visas to enter the United States as students, although they must present a valid Form I-20 at the time of admission. If you are admitted to the United States by U.S. Customs and Border Protection (CBP) officials in visitor (B) visa status, you must separately apply to U.S. Citizenship and Immigration Services (USCIS) for a change of status to student (M) status before the start of your program. You may not begin your course of study until the change of status is approved, and you may encounter lengthy processing times. You may also depart the United States and re-enter on your student (F or M) visa.
If you are in the United States in a valid non-immigrant status for a purpose other than to attend school and wish to change your non-immigrant status to a student status while remaining in the United States, you must meet the criteria and submit an application with USCIS to change your status. If you are an M-1 student, you may not change to F status while you are in the United States. If you wish to remain in the United States until your start date, you must find a way to obtain status up to 30 days before your program start date. For most people, you will need to file a separate Form I-539 to request to extend your current status or change to another non-immigrant status, in addition to your other Form I-539 application to change to student status.
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Frequently asked questions
USCIS stands for U.S. Citizenship and Immigration Services. It is the official government body that deals with immigration processes and provides up-to-date information about the application process for immigration benefits.
Your USCIS status as an international student depends on the type of visa you hold. There are two types of nonimmigrant visas for international students: F and M. F-1 students are enrolled in academic programs, while M-1 students are enrolled in vocational programs. Your status relates to the purpose for why you want to come to the United States.
F students may work off-campus after the first academic year, and they are eligible for curricular practical training (CPT) and optional practical training (OPT) during or following their program of study. M-1 students are not eligible for employment during their program of study but may obtain authorization for practical training employment after completion of their vocational program.
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