 Studying
in The United States
Two visa categories are designed specifically for students: the F
category for academic students, and the M category for vocational
students. However, these are not the only nonimmigrants who are
allowed to study in the U.S. The J
Exchange Visitor category is an alternative for many students.
B visitors are allowed to engage in brief or incidental study,
including recreational programs. H, L, E, O and P nonimmigrants and
their dependents are allowed to enroll in school, as are F-2 and J-2
dependents. The advantage of enrolling in these categories is that
you do not need to maintain a full-time course load. However, except
for J-2s, you will not be able to take advantage of the work
opportunities available to Fs (or Ms).
Academic institutions, including high schools, community
colleges, and universities, may apply for and receive DHS
accreditation to accept foreign students. Students must apply to and
be accepted by such a school. The school then issues an I-20 to the
student. The student must then obtain an F visa abroad, except in
the case of Canadians, who need I-20s but do not need visas. An F
student must have a foreign residence which she does not intend to
abandon, and must have means to pay for her education and support in
the United States. It is also possible to change status to F in the
United States. However, the INS will usually deny a change of status
from B to F, unless the B visa is annotated "prospective
student." Also, under a new regulation effective April 12, 2002, a B visitor who has applied for a change of status may not begin studies until the change of status has been approved.
An F student must maintain a full-course of study. This means a
12 hour undergraduate course load. Graduate study is more flexible,
but the student must be making normal progress towards a degree.
Students may take a normal academic vacation if they intend to
resume studies after the vacation. The Designated School Officers
(DSO) may authorize less than full-time study under exceptional
circumstances, such as illness or difficulty in adapting to the U.S.
academic environment. F students are admitted for "duration of
status" known as "D/S." This includes a final 60 day
grace period.
F students may engage in part-time on-campus employment up to
twenty hours a week, and full time on-campus employment during
school vacations, as soon as they enroll. The DSO may authorize full
or part-time off-campus Curricular Practical Training (CPT) as well.
This is work that is an integral or important part of the school's
curriculum. Undergraduates must be enrolled for nine months before
they are eligible for CPT. There is no limit on the duration of CPT,
but if you engage in 12 months of full-time CPT, you are no longer
eligible for Optional Practical Training (OPT). Optional Practical
Training is additional work experience related to your course of
study. It is usually taken after the study is complete. OPT must be
approved by the DSO on a form I-538, and the endorsed application
must then be submitted to an INS Regional Service Center. You will
then receive an EAD (Employment Authorization Document). You may not
work until the card is issued. You can qualify for an additional
year of OPT if you proceed to a course of study for a higher degree.
The M-1 category for vocational students is much more
restrictive. It is available for a maximum of one year at a time,
although extensions are permitted. No change of program is allowed
after six months. The only employment permitted is a maximum of six
month's post-completion practical training. There is only a 30 day
grace period after the program is complete. You cannot change status
to F, nor can you change status to H-1 status based on credentials
acquired as an M.
There is much concern today with tracking foreign students in the U.S., to make sure they report to school and remain in status. A new Internet-based system for tracking all foreign students, known as SEVIS,
has now been implemented. As of September 1, 2004, all F-1 students,
M-1 students, and exchange visitors must pay a SEVIS fee of $100 to
support the system. This fee must be paid prior to obtaining a visa,
obtaining entry to the U.S. if no visa is required, or applying for
change of status.
Be sure you have the student visa that is right for you, and
that you maintain your student status.
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