Students

F (Degree and English Language Students)

The F-1 Visa is a non immigrant visa designed for students who seek to enter the US to study a full-time course of academic study at an established institution of learning in United States. To obtain this status a student must apply for a visa at an appropriate U.S. Consulate by submitting a completed Visa Application (Form DS-156) and a form I-20 which is issued by the intended school of enrollment. The student visa applicant must also submit evidence that sufficient financial resources are available which will ensure that the student visa applicants will not become a public charge or seek working United States. Student visa applicants much show that they have a residence in their home country that they will return to upon the completion of studies. (The same comments found in this section applies to Students seeking or admitted on M-1 Visas. The only difference is that M Visas are issued to students who are attending non academic schools such a trade schools, etc )

After a student is admitted into the US on their F-1 visa, they must enter school immediately and must maintain a lawful course of study (generally understood to mean twelve or more credits of college study per semester, or a full curriculum of primary or high school education). Students with F-1 visas are admitted into United States for an indefinite length. Specifically, the Arrival Record (the White Card stapled into the student's passport on entry) is stamped "D/S" meaning "duration of status". This means that the student is not admitted into United States in F-1 status for a specific period of time with a specific end date, but rather, is admitted into United States for an unspecified period of time provided he/she maintains full-time student status, and does not otherwise violate the terms of his/her student admission.

A F-1 student may obtain work permit while they are in F-1 status into situations: 1) For practical training with the permission of the INS and only during the one year period following immediately following their graduation from their university program; 2) for students whose financial position has changed after the first-year study in United States. It must be understood however that the INS does not grant work permission in "hardship" situations liberally.

The Spouse and children of F-1 visa holders may seek entry into the US in F-2 status. While F-2 visa holders may go to school without separate work permission, they are not authorized to accept U.S. employment except under unusual circumstances involving quote undue hardship and then only after obtaining INS work permission.

J (Exchange Student/Researcher/Workers) Exchange Visitor Visa (J-1)

The exchange visitor program provides work visas to students, scholars, medical interns, and business Trainees in government approved programs to gain experience in their respective fields. Non-student J-1 holders may be authorized for employment as set forth on their IAP-66. The spouse or minor children of a J-1 exchange visitors are given J-1 status. Unlike the spouse and children of F-1 visa holders, J-2 visa status holders may apply for authorization to accept work in the US by filing an application with the US INS.

Some holders of J 1 visas are subject to a two-year home residence requirement to completion of their program. Individuals who are subject to the two-year home resident requirement, must return to their home country for a minimum two years before they may seek re-entry to the United States for employment or other immigrant purposes. A waiver of this two-year home residence requirement is available but its use is limited to exceptional cases involving undue hardship, interested governmental agencies, or letters of no objection from the J-1 individual's foreign embassy.

M (Trade and Other Vocational Students)

See the F Visa Category Above for General Guidelines Description.