Wed, Mar 10th, 2010

Students

Foreign Nationals coming to the United States to pursue full-time studies are usually admitted in either the F-1 or M-1 nonimmigrant categories.

F-1 Academic Students

General Information Regarding F-1 (Academic Student) Status

People who are coming to the United States to pursue full-time academic studies are usually admitted in the F-1 nonimmigrant category. The F-1 category includes academic students in colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, and in language training.

Eligibility

Immigration rules provided by USCIS note: In general, you may apply to change your nonimmigrant status if you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant status remains valid, and you have not committed any crimes that would make you ineligible.

You may not apply to change your nonimmigrant status if you were admitted to the United States in the following visa categories:

(VWPP) - Visa Waiver Pilot Program (or the Guam Visa Waiver Program):

D - As a crewman
C - As an alien in transit or in transit without a visa
K - As a fiancé(e) or spouse of a U.S. citizen or dependent of a fiancé(e) or spouse
S - As an informant (and accompanying family) on terrorism or organized crime

If you are an international exchange visitor (J visa category) you may not change your nonimmigrant status if you were admitted to the United States to receive graduate medical training, unless you receive a special waiver.

If you are a vocational student (M visa category), you may not apply to become an academic student (F visa category).

If you are in the United States as the spouse or child of someone in the following nonimmigrant visa categories, you do not need to apply to change your status if you wish to attend school in the United States (as long as your parent or spouse maintains their original nonimmigrant status).

A - Diplomatic and other government officials, and their families and employees.
E - International Trade and Investors
G - Representatives to international organizations and their families and employees.
H - Temporary Workers
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
L - Intracompany Transferees

If you are in the United States as the spouse or child of someone in the F (Academic Student) or M (Vocational Student) visa category, you do not need to apply to change your status if you wish to attend elementary, middle, or high school in the United States. If you wish to attend post-secondary school full-time, you must apply for change of status.

Basic Requirements

USCIS provides that you first must apply to study at a USCIS-approved school in the United States.  When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students.  If you are accepted, the school should send you USCIS Form I-20 A-B/IID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students).

You must then submit the Form I-20 and an application to change your nonimmigrant status to USCIS.  You must also prove that you have the financial resources required for your education and stay in the United States.

Please be aware that if you have been admitted as a B-1 (Temporary Visitor for Business) or B-2 (Temporary Visitor for Pleasure) visa holder, you may not begin your program studies until your application for these studies is approved. 

Spouses and Children

Your spouse and children may also derivatively apply to change their status to F-2.  The F-2 status of your family will be dependent upon your status as the F-1 academic student. This means that if you change your status, your family must change their status. If you lose your status, your family will also lose their status.

Ability to Work

USCIS provides that you may be allowed to work on-campus or off-campus (after the completion of your first year of study) under limited circumstances. You may also wish to discuss employment with the designated school official (DSO) at your school. Your accompanying spouse and child may not accept employment.

M-1 Vocational Students

General Information Regarding M-1 (Vocational Student) Status

People who are coming to the United States to pursue full-time vocational studies are usually admitted in the M-1 nonimmigrant category. The M-1 category includes students in vocational or other nonacademic programs, other than language training.

Eligibility

Immigration rules provided by USCIS note: In general, you may apply to change your nonimmigrant status if you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant status remains valid, and you have not committed any crimes that would make you ineligible.

You may not apply to change your nonimmigrant status if you were admitted to the United States in the following visa categories:

(VWPP) - Visa Waiver Pilot Program (or the Guam Visa Waiver Program)

D - As a crewman
C - As an alien in transit or in transit without a visa
K - As a fiancé(e) or spouse of a U.S. citizen or dependent of a fiancé(e) or spouse
S - As an informant (and accompanying family) on terrorism or organized crime

If you are an international exchange visitor (J visa category) you may not change your nonimmigrant status if you were admitted to the United States to receive graduate medical training, unless you receive a special waiver.

If you are a vocational student (M visa category), you may not apply to become an academic student (F visa category).

If you are in the United States as the spouse or child of someone in the following nonimmigrant visa categories, you do not need to apply to change your status if you wish to attend school in the United States (as long as your parent or spouse maintains their original nonimmigrant status).

A - Diplomatic and other government officials, and their families and employees.
E - International Trade and Investors
G - Representatives to international organizations and their families and employees.
H - Temporary Workers
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
L - Intracompany Transferees

If you are in the United States as the spouse or child of someone in the F (Academic Student) or M (Vocational Student) visa category, you do not need to apply to change your status if you wish to attend elementary, middle, or high school in the United States. If you wish to attend post-secondary school full-time, you must apply for change of status.

Basic Requirements

USCIS provides that you first must apply to study at a USCIS-approved school in the United States.  When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should send you USCIS Form I-20 M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students).

You must then submit the Form I-20 and an application to change your nonimmigrant status to USCIS.  You must also prove that you have the financial resources required for your education and stay in the United States.

Please be aware that if you have been admitted as a B-1 (Temporary Visitor for Business) or B-2 (Temporary Visitor for Pleasure) visa holder, you may not begin your program studies until your application for these studies is approved. 

Spouses and Children

Your spouse and children may also derivatively apply to change their status to M-2.  The M-2 status of your family will be dependent upon your status as the M-1 vocational student. This means that if you change your status, your family must change their status. If you lose your status, your family will also lose their status.

No Employment, But Limited Practical Training Allowed

USCIS requires that you and your spouse and children may not accept employment.  However, you may apply for practical training after you complete your studies. If approved, you will be allowed to have one month of practical training for every four months of study you have completed. You will be limited to six months total practical training time.

The M-1 category includes students in vocational or other nonacademic programs, other than language training.