Lori Meadows
International students are expected to leave their host country and return home after graduating or once their visa expires. However, many international students express a desire to remain in their host country to work or study further. In the US, for instance, 77% of international students intend to remain and work after their OPT visa expires, but only 46% are able to do so. To stay in the US after graduating, international students must apply for a H-1B work visa, which requires proof of a bachelor's degree or equivalent and a job offer. Similarly, in Canada, international students require a Temporary Resident Visa (TRV) to enter or re-enter the country.
| Characteristics | Values |
|---|---|
| Visa type | F-1, M-1, J-1, H-1B |
| Purpose of stay | Study |
| Requirements | Enrolled full-time, complying with regulations, maintaining student status |
| Leave of Absence | Allowed, but may impact visa status and eligibility for CPT or OPT |
| Work authorization | F-1 students may work when authorized by DSO or USCIS |
| Travel | Must maintain active SEVIS status and ensure smooth re-entry |
| Graduation | May stay for 1-3 years of work experience, then expected to return home |
| Visa extension | Possible through graduate school or H-1B work visa |
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What You'll Learn
- F-1 students must leave the US if they're not enrolled full-time
- F-1 students must leave within 15 days of their LOA being approved
- International students must maintain their F or M status
- Students must consult their DSO before travelling internationally
- To stay in the US post-graduation, students must apply for an H-1B work visa
F-1 students must leave the US if they're not enrolled full-time
International students in the United States on an F-1 visa must be continuously enrolled full-time during the academic year until they complete their program of study. An F-1 student can take a break from their academic program by requesting a Leave of Absence (LOA). However, if the LOA is approved, the student's F-1 immigration record will be terminated, and they will no longer be authorized to remain in the US. The student will then have 15 days to depart the country.
There are different types of LOA, depending on the length of the absence. If the leave is for fewer than five months, the student may be able to return on the same SEVIS record and maintain their F-1 status. In this case, the student should request that their F-1 status be reactivated by SEVP. This process can take 1-4 weeks, so it is important to start it well in advance of the return date.
If the leave is for more than five months, the student will not be able to return on the same SEVIS record. They will need a new I-20 issued, a new I-901 fee paid, a new visa acquired, and they must enter the US as a new student on an initial SEVIS record. Additionally, if the leave is for more than five months, the student will not be eligible for CPT or OPT based on their previous time as an F-1 student. They will need to complete another academic year before becoming eligible for CPT or OPT again.
It is important to note that a leave of absence is not for students with medical conditions. Students wishing to take fewer classes or no classes at all due to medical reasons must apply for a Medical Reduced Course Load. In this case, the student's SEVIS record will remain active, and they will be allowed to stay in the US. They must provide documentable proof from a medical physician that they cannot physically attend classes.
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F-1 students must leave within 15 days of their LOA being approved
F-1 students are required to be continuously enrolled full-time during the academic year until they complete their programs of study. However, there may be circumstances where an F-1 student needs to take a break from their studies. This could be due to mandatory military service, family emergencies, financial challenges, or other reasons. In such cases, the student can apply for a Leave of Absence (LOA).
An LOA allows an F-1 student to take time off from their academic program. During this time, their SEVIS record is terminated, and they are no longer authorized to work on-campus or through any F-1 authorization, such as Curricular Practical Training (CPT). It's important to note that if an F-1 student's leave is for more than five months, they will not be eligible for CPT or Optional Practical Training (OPT) based on their previous F-1 status.
To apply for an LOA, F-1 students must first speak with their Designated School Official (DSO) and then submit a Leave of Absence Request Form at least two weeks before their planned leave. Once the LOA is approved and their SEVIS record is terminated, F-1 students have 15 days to depart the United States. This 15-day period starts from the termination date or the last day of enrollment, whichever comes first.
It's important for F-1 students to carefully consider their options before taking a leave of absence, as it can have significant implications for their immigration status and eligibility for benefits such as CPT and OPT. Additionally, if they plan to travel internationally during their break, they should ensure that their DSO has signed their Form I-20 within the last year and that their SEVIS record is up-to-date and in Active status to ensure a smooth re-entry into the United States.
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International students must maintain their F or M status
International students on an F-1 or M-1 visa must maintain their F or M status while studying in the United States. This means fulfilling the purpose for which the Department of State issued the visa and following the associated regulations. F-1 students must be continuously enrolled full-time during the academic year until they complete their program of study. They should not take any actions that detract from their purpose of studying in the US.
Maintaining F or M status involves adhering to specific requirements and seeking guidance from the Designated School Official (DSO) for any questions or concerns. F-1 students should consult their DSO when considering changes to their major, program, degree level, education level, or school, as well as before taking a leave of absence, travelling outside the US, moving to a new address, or requesting a program extension. M-1 students should also maintain regular communication with their DSO regarding taking a break from school, travelling, moving, or extending their program.
It is important to note that F-1 students who choose not to enrol in classes for a semester must apply for a Leave of Absence (LOA). During an LOA, the student's SEVIS record is terminated, and they are required to leave the US. To maintain their status, F-1 students returning from an LOA of fewer than five months can request that their F-1 status be reactivated, allowing them to retain their OPT/CPT eligibility and use the same I-20 and visa (if not expired). However, an LOA of more than five months will require a new I-20, a new I-901 fee, a new visa, and entry as a new student, resulting in ineligibility for OPT or CPT for another year.
Additionally, F-1 students must ensure that their passport remains valid for at least six months after their planned reentry into the US. They should also consult their DSO before international travel to ensure their SEVIS record is up-to-date and obtain the necessary signatures on their Form I-20. M-1 students are advised to carry their Form I-94 when travelling.
By diligently maintaining their F or M status, international students can ensure compliance with the terms of their visa and avoid complications during their stay in the United States.
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Students must consult their DSO before travelling internationally
International travel is possible for students studying in the United States, but there are several important steps to take before departure to ensure a smooth re-entry. Students must consult their Designated School Official (DSO) before travelling internationally. The DSO is the best person to answer any questions regarding the legal requirements of staying in the United States and can provide guidance on maintaining student status.
F-1 and M-1 visa holders should speak with their DSO before travelling outside the United States. Students must ensure their record in the Student and Exchange Visitor Information System (SEVIS) is up-to-date and in Active status. The DSO must have signed the student's Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status" within the last year, and the student should not be leaving the country for more than 5 months. DSO contact information, including a 24-hour emergency phone number, should be noted before departure.
For F-1 visa holders, a Leave of Absence (LOA) allows for a break from academic study. During an LOA, the student's SEVIS record is terminated until they are ready to return and reactivate their record. Students must have been in F-1 status for a full academic year (2 semesters) to be eligible for an LOA. If a student's record is terminated, they must leave the US and cannot remain in the country during their leave. If the leave is for fewer than 5 months, the student may be able to maintain their F-1 status and OPT/CPT eligibility, but this is ultimately decided by SEVP.
M-1 visa holders should also consult their DSO before travelling internationally. M-1 students may also need to bring their Form I-94, "Arrival/Departure Record", with them when travelling. It is not recommended that students with pending practical training applications leave the country, as USCIS will send requests for evidence to the student's US address. Once practical training is approved, students will receive an Employment Authorization Document (EAD), which is required to re-enter the United States.
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To stay in the US post-graduation, students must apply for an H-1B work visa
International students on F visas are expected to leave the US within 60 days of completing their program, while those on M visas have 30 days. Students on F or M visas are not permitted to enter the US earlier than 30 days before the start date of their program. However, there are ways to extend one's stay in the US post-graduation. One way is to apply for Optional Practical Training (OPT), which allows for temporary employment directly related to the student's area of study. Students on OPT must have a Form I-20 endorsed for OPT and must apply for an Employment Authorization Document (EAD).
Another way to stay in the US post-graduation is to apply for an H-1B work visa. The H-1B visa is a nonimmigrant visa that allows employers to hire foreign professionals in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires at least a bachelor's degree or its equivalent, and the application of highly specialized knowledge. Examples of specialty occupations include mathematics, engineering, technology, and medical sciences. The initial duration of an H-1B visa is typically three years, which may be extended for up to six years.
To apply for an H-1B visa, employers must first submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for certification. The employer must attest that hiring the foreign worker will not adversely affect the wages and working conditions of US workers. Once the LCA is certified, the employer can submit Form I-129, Petition for a Nonimmigrant Worker, to the United States Citizenship and Immigration Services (USCIS). If the petition is approved, the prospective H-1B worker can apply for an H-1B visa at a US Embassy or Consulate abroad and then apply for admission to the US in H-1B classification.
It is important to note that there is an annual cap on the number of H-1B visas issued each year. The current cap is 65,000 visas, with an additional 20,000 visas for foreign professionals with a master's degree or higher from a US institution. Employers must register electronically for each foreign national for whom they intend to file an H-1B petition. The registration process occurs before the full petition is required, and USCIS will give selected employers at least 90 days to file their petitions.
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Frequently asked questions
Yes, international students can leave the US temporarily during their studies. However, they need to ensure they have the required documents to return, such as a valid visa. It is recommended to consult with the Center for International Students before taking a leave of absence to avoid any issues with their SEVIS record.
If an international student leaves the US for more than five months, they will need to re-apply to the university and may require a new I-20, a new visa, and other documents. They will also not be eligible for OPT or CPT for another year.
Yes, there is no bar on international students leaving Canada temporarily during their studies. However, they need to ensure their Temporary Resident Visa (TRV) or Study Permit is valid for re-entry. They may also be questioned by immigration officers about their reason for leaving during the semester.
International students on an F1 visa who wish to remain in the US after graduation can apply for an H-1B work visa. They must provide proof of education equivalent to a bachelor's degree and a job offer for a position that cannot be filled by a US citizen.
Yes, one alternative is the O1 or artist visa, which is for individuals with "extraordinary ability" in their field. Another option is the OPT visa, which is available for graduates in STEM fields and has been expanded to include additional areas of study.
