Lana Oconnell
The United States Citizenship and Immigration Services (USCIS) has updated its policy guidance for international students on F and M visas. The guidance consolidates existing policies on eligibility requirements, school transfers, practical training opportunities, and maintaining foreign residence. It also clarifies the role of USCIS in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students. This updated guidance is intended to benefit international students and educational institutions by providing increased transparency and streamlining the immigration process.
| Characteristics | Values |
|---|---|
| F-1 student visa | Primary visa for full-time academic studies in the US |
| F-1 visa eligibility | Enrollment in accredited colleges and universities (associate, bachelor's, master's, doctorate levels) |
| M-1 visa | For vocational students in established vocational or other non-academic programs |
| Employment for F-1 students | On-campus work for up to 20 hours a week when school is in session; full-time work during annual vacations and when school is not in session |
| Employment for M-1 students | Only after completing their course of study as part of a practical training program for a maximum of six months |
| F-1 students seeking OPT extension | Must have a degree in a STEM field and be employed by a startup that adheres to training plan requirements, remains in good standing with E-Verify, and provides commensurate compensation |
| Cap-gap extension | F-1 students transitioning to H-1B status may be eligible for an extension of status and employment authorization through Sept. 30 of the calendar year |
| Change of status requests | Students seeking to transition to F or M status must submit a change of status application |
| Reinstatement of status | Students who unintentionally violate their visa status may petition for reinstatement, with factors such as the reason for the violation and academic standing considered |
| Role of USCIS | Adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for nonimmigrant students |
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What You'll Learn
Employment Authorization Applications
International students in the United States on F-1 or M-1 nonimmigrant visas may work in the country under certain circumstances. The Department of Homeland Security (DHS) issues documents showing employment authorization based on the type of student they are and the type of employment they have.
Employment Authorization for F-1 Students
F-1 students may work on campus for up to 20 hours a week when school is in session. They may also be eligible for Curricular Practical Training (CPT), which is an integral part of an established curriculum. CPT can include alternative work/study, internships, cooperative education, or other types of required internships or practica offered by sponsoring employers through cooperative agreements with the school. F-1 students participating in CPT must present documents to establish their identity and employment authorization.
F-1 students may also be eligible for Optional Practical Training (OPT), which provides practical training directly related to their major area of study. Students in STEM fields may be employed by startup companies under certain conditions. To be authorized to work in OPT, F-1 students must obtain an Employment Authorization Document (EAD) from USCIS and may not begin employment until the date indicated on the EAD. While still in school, they may work up to 20 hours per week when school is in session and full-time during their annual vacation and other school breaks. After completing their course of study, F-1 students may be authorized for up to 12 months of OPT.
In certain cases, F-1 students may also request employment authorization to engage in an internship or employment with certain international organizations listed in the International Organization Immunities Act. This type of employment authorization is valid for a maximum of one calendar year and cannot be extended beyond the student's I-20 program end date or transferred to a new school or academic program.
Employment Authorization for M-1 Students
Vocational students in M-1 nonimmigrant status may only accept employment as part of a practical training program after they complete their course of study. They must receive an EAD to begin working and can only work for a maximum of six months of practical training.
Form I-765, Application for Employment Authorization
To request an EAD, aliens in the United States may file Form I-765, Application for Employment Authorization. This form can also be used by aliens whose immigration status authorizes them to work in the United States without restrictions to apply for an EAD showing such authorization. The form can be filed along with a marriage visa application or after receiving a notice that USCIS has received a green card application. Current DACA recipients who need to replace a valid EAD can file Form I-765 and select box 1.b.
The filing fee for Form I-765 can be paid with a money order, personal check, cashier's check, or credit or debit card. If paying by credit or debit card, a Form G-1450, Authorization for Credit Card Transactions, must be included. The fee is non-refundable, regardless of any action taken on the application. To renew an EAD, Form I-765 must be filed at least 90 days before the expiration date.
If the applicant wants to receive an email and/or text message notification that USCIS has accepted their form, they can complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of their form.
Special Student Relief (SSR)
In response to emergent circumstances in specific parts of the world, the DHS secretary may announce a Special Student Relief (SSR) designation. This benefit may enable eligible students to exceed the standard 20-hour-per-week limit for on-campus employment, obtain off-campus work authorization, and reduce their course load. The application process for SSR requires an I-20 from the Office of International Services (OIS).
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Change of Status Requests
International students in the United States on a nonimmigrant visa for a purpose other than studying may wish to change their nonimmigrant status to student status. To do so, they must submit an application with U.S. Citizenship and Immigration Services (USCIS) to change their nonimmigrant status.
Firstly, the student must apply to and gain acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. They must then obtain an initial Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status", from the SEVP-certified school. The designated school official (DSO) should give the change of status in the Issue Reason section of the Form I-20. The student must then pay the I-901 SEVIS Fee.
Next, the student must file a Form I-539, "Application to Extend/Change Nonimmigrant Status", with USCIS. It is important to note that not all nonimmigrant classifications are eligible to change to student status, so students must carefully read the instructions to ensure their nonimmigrant classification is eligible for a change of status. If the student is changing status from B-1/B-2 to F or M student, they must refrain from enrolling in or beginning their studies until USCIS has approved their change of status.
If USCIS does not grant the request to change status prior to the start date of classes, the student may need to defer attendance and wait until the following term to begin their studies. If the student is applying to change status to M status, they must maintain a valid nonimmigrant status while their Form I-539 change of status application is pending. Due to processing times, they may have to request that their DSO defer the F-1 program start date to the following academic term or semester because USCIS did not make a decision on their Form I-539 change of status application before their originally intended F-1 program start date.
If a student's current nonimmigrant status will expire more than 30 days before their M-1 program start date and they wish to remain in the United States until their start date, they must find a way to obtain status up to 30 days before their program start date. This means they may need to file an additional Form I-539, with a separate fee, to request an extension of their current nonimmigrant status or change to another nonimmigrant status, in addition to their other Form I-539 application to change to student status.
USCIS recommends applying as soon as the student determines that they need to change to a different nonimmigrant category. Until they receive approval from USCIS, they should not assume the status has been approved, and they should not change their activity in the United States. If USCIS denies the application, the student must be prepared to leave the United States when their current status expires.
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Extension of Stay Applications
International students in the United States on F-1 or M-1 visas may need to apply for an extension of stay if they require more time to complete their studies. The process for extending one's stay and the eligibility requirements may vary depending on the country and the specific visa held by the student.
In the United States, the U.S. Citizenship and Immigration Services (USCIS) provides guidance and adjudicates applications for extension of stay for international students with F or M nonimmigrant classifications. The F-1 visa is for academic students enrolled full-time at an accredited academic institution, while the M-1 visa is for vocational students enrolled in non-academic programs.
To initiate the extension of stay process, international students should first consult with their academic advisor or the international student services office at their educational institution. Students are typically required to submit an academic plan and financial documentation demonstrating their ability to cover the estimated financial need for the extended period. The specific forms and documentation required may vary by institution, so it is important to refer to the guidelines provided by the student's school.
For F-1 students, the extension of stay process typically involves submitting an "I-20 Extension of Stay" request through the student's online portal. This includes uploading the completed "Academic Advisor's I-20/DS-2019 Extension of Stay Recommendation" form, which is a critical component of the application. The academic advisor's recommendation form confirms the student's academic plan and justifies the need for additional time to complete their studies.
Additionally, F-1 students seeking an extension of optional practical training (OPT) based on their degree in a STEM field may be eligible for employment with startup companies, provided certain requirements are met. Similarly, M-1 students may accept employment as part of a practical training program after completing their course of study, but they must obtain the necessary employment authorization documents, such as Form I-766.
It is important to note that timely submission of extension applications is crucial to maintaining compliance with visa regulations. Students should be mindful of the processing times and submit their requests well in advance of their current visa expiration date to avoid any disruptions in their legal status.
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Reinstatement of Status Petitions
The U.S. Citizenship and Immigration Services (USCIS) provides guidance on the F and M student nonimmigrant classifications, including the process for reinstating the status of international students in the United States.
USCIS may consider reinstating a student who submits a request for reinstatement on a Form I-539, along with a properly completed Form I-20 that includes the Designated School Official's (DSO) recommendation for reinstatement.
To be eligible for reinstatement, the student must meet the following criteria:
- The student must not have been out of status for more than 5 months at the time of filing the request for reinstatement. If exceptional circumstances prevented the student from filing within this period, they must demonstrate that they submitted the request as promptly as possible.
- The student must not have a record of repeated or willful violations of DHS regulations.
- The student must be currently pursuing or intending to pursue a full course of study at the school that issued the Form I-20.
- The student must provide evidence that the violation of status resulted from circumstances beyond their control or was related to a reduction in their course load that the DSO could have authorized. Failure to approve reinstatement should result in extreme hardship for the student.
While the reinstatement request is pending, the student should remain enrolled in school and comply with the terms of their F-1 status, including full-time enrolment, if classes are in session. If USCIS denies the reinstatement application, the student may file a motion to reopen or reconsider following the instructions on the denial notice. If the student does not take these steps, they must depart the United States upon receiving the denial notification.
School Transfers
An F-1 student who maintains their status and wishes to transfer to another school must notify the DSO at their current school. The transfer can occur during the 60-day grace period after completing their studies, as the student is considered to be maintaining status during this time.
An F-1 student who did not pursue a full course of study at their last authorized school is ineligible for a school transfer and must apply for reinstatement or depart the country and return as an initial entry in a new F-1 nonimmigrant status.
M-1 students cannot transfer to another school after 6 months from the date of admission or change of status to M-1, except under specific circumstances. To transfer, M-1 students must notify their current school of their intention to transfer and demonstrate their ability to pursue a full course of study and financial capability at the new school.
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Practical Training Opportunities
Curricular Practical Training (CPT) is a form of work-study program that is integral to an international student's major. CPT is only available to F-1 students and must be a required part of their established curriculum. To be eligible for CPT, students must have completed at least one full academic year of study at an SEVP-certified school, unless they are graduate students whose program requires immediate CPT. CPT can be undertaken full-time or part-time and requires a signed cooperative agreement or letter from the employer. Students who complete 12 months or more of full-time CPT are ineligible for OPT.
Optional Practical Training (OPT) is a post-study program that has been offering temporary employment authorization to international students in the United States since the 1950s. OPT is available to F-1 students and can be undertaken during their program of study (pre-completion OPT) or after completion (post-completion OPT). OPT must relate to the student's program of study and can often be paid. To apply for OPT, students must request approval from their Designated School Official (DSO) and submit the necessary forms to U.S. Citizenship and Immigration Services (USCIS). USCIS will issue an Employment Authorization Document (EAD) upon approval, and students cannot begin their training until they receive this authorization.
M-1 students, who are admitted to the United States only until a specific date, have more limited practical training opportunities. Practical training is the only type of work permission available to M-1 students, and they are only eligible for post-completion paid training. M-1 students earn one month of practical training eligibility for every four months of program enrollment and must obtain authorization from USCIS before participating.
The U.S. government considers starting a business to be a form of work. Therefore, international students seeking to start their own business while studying in the United States should refer to the USCIS Entrepreneur Visa Guide. Additionally, F-1 students in English language training programs are not eligible for OPT.
Overall, practical training opportunities provide international students in the United States with valuable work experience and a chance to contribute to the country's economic growth. These programs offer a pathway to gaining essential skills and can serve as a stepping stone towards permanent employment and residency in the country.
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Frequently asked questions
USCIS stands for U.S. Citizenship and Immigration Services.
USCIS plays a critical role in adjudicating various immigration requests for international students, including Employment Authorization Applications and Change of Status Requests.
The F-1 student visa is the primary visa for those pursuing full-time academic studies in the United States. Eligible programs include accredited colleges and universities at the associate, bachelor's, master's, and doctorate levels.
The M-1 visa is for nonimmigrant vocational students. This includes students in established vocational or other recognized non-academic programs, other than language training programs.
