If you are interested in studying in the U.S., chances are you will need an F-1 student visa. U.S. immigration law allows for the admission as nonimmigrants those who are coming to the U.S. to participate in a full-time course of study. Most such students enter in F-1 status, although the J-1 visa (for exchange visitors participating in a program approved by the State Department) and M-1 visa (for vocational students) are also sometimes available. What follows is an overview of the process of obtaining an F-1 visa and maintaining that status. Employment-related issues will be addressed in a future article.

General Requirements

As with all nonimmigrant classifications, the most important requirement for obtaining an F-1 visa is the demonstration of nonimmigrant intent. The student must maintain a home abroad that they have no intention of abandoning. The student must be coming to the U.S. to pursue a full course of academic study, and must demonstrate that they possess the financial resources to allow them to study without the need to engage in unauthorized employment. Most students are able to get approved for a stay equal to the duration of their studies in the U.S. and can study in any pre-approved institution. However, there are important exceptions.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 imposed a number of new restrictions on foreign students. Among these is the exclusion of foreign students from kindergarten through eighth grade at public schools and from publicly funded adult education programs. Also, foreign students in grades 9-12 at public schools must reimburse the school for the cost of the education. Failure to do this can result in a bar to admission. Foreign students in public high schools are limited to 12 months of study.

Step 1: Find a School

A prospective student must first identify a school that is qualified to sponsor a student for a visa. A school that wishes to have foreign students enroll must first make an application with the INS. For a school to become qualified to participate in the F-1 process, it must 1) demonstrate that it is a legitimate educational institution, 2) appoint a designated school official (DSO) who will sign all necessary forms, 3) institute a record-keeping and reporting system satisfactory to the INS.

Step 2: Get an I-20

For a foreign student to obtain F-1 status they must first receive a Form I-20 issued by the school that provides information about the school and the student. Before the school can issue an I-20, the following conditions must be met:

• The student must have made a written application to the school.
• The school must have received the student's academic record and evidence of financial support.
• The student must meet the school's qualifications for admission, including any English language proficiency.
• The school must have accepted the student.

Step 3: Apply for a Visa at a U.S. Consulate

After the school issues the I-20, it sends it to the student abroad, who then applies for a visa at their local U.S. consulate. To make the visa application, the student must present the I-20, their passport, the necessary visa fee (which varies from location to location), Form OF-156 Application for a Nonimmigrant Visa, and evidence of financial support. Unless there are unusual circumstances, the visa will generally be issued on the day the application is submitted, or only a few days afterward. A prospective student who has not yet decided on a school can request a B-2 prospective student visa, and once in the U.S., they can seek F-1 status. Note, however, that if a prospective student does not make his or her intentions clear at the time of entry, the INS could very well deny the case.

Step 4: Entering the U.S.

After receiving the visa, the student may make an application for admission at a U.S. port of entry. The student must present their passport, visa, evidence of support and the I-20. If admission is granted, the INS will keep one copy of the I-20 and return the second to the student. The student is issued an I-94 Arrival/Departure Record that contains a unique control number. This number is noted on the I-20, and becomes a sort of permanent identifier. For example, if an F-1 student leaves the U.S., upon re-entry they are given a new I-94. However, the number on it is crossed out and replaced with the initial number noted on the I-20.

Step 5: Maintaining Status

In light of the bars on admission created in 1996, it is very important for the student to maintain their status while in the U.S. There are eight important things that must be done to maintain status.

• Keep a valid passport at all times, unless otherwise exempt from the passport requirement.
• Attend the school authorized.
• Participate in a full course of study.
• Leave the U.S. by the completion date shown on the I-20, or request a program extension from the school's designated student officer.
• If the student wants to change from one educational level to another (for example, a bachelor's program to a master's), they must apply to the designated student officer.
• In most cases, work no more than 20 hours per week while school is in session.
• Not work off campus without INS authorization.
• Report any change in residence to the INS within 10 days.

Of course, one of the most important concepts in F-1 status is a "full course of study." INS regulations give five possible definitions for the concept.

• Postgraduate or postdoctoral study at a college, university, conservatory or religious seminary
• Undergraduate study at a college or university consisting of at least 12 credit hours per term, except in cases where to finish the program the student does not need to take 12 hours in the last term
• Study at a postsecondary institution that awards associate or comparable degrees, and whose credits are accepted by at least three other institutions of higher learning
• Study in a language, liberal arts, fine arts or other nonvocational training program. This study must consist of 18 hours of attendance per week, 22 hours if laboratory work constitutes the dominant part of the course of study
• Study in a high school, providing the foreign student attends the minimum class hours per week required for graduation.

There are some situations in which the foreign student maintains their F-1 status even though they are not enrolled in a full course of study. These include: school vacations; failure to attend classes because of medical reasons; postdoctoral student and fellows who are not enrolled in standard academic courses; students who are carrying a reduced course load because of participation in a fellowship or assistantship; graduate students who have completed coursework but are preparing for exams or researching dissertations; and students who have been authorized for optional practical training.

In next week's issue, we'll discuss employment authorization for F-1s and changing educational programs.