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F-1 Visa information
All students entering the U.S. on an F-1 visa will note that the Forms I-94 and I-20 A/B bear a notation of D/S (duration of status). Duration of status means the period during which the student "is pursuing a full course of study at an educational institution approved by the Immigration and Naturalization Service (INS) for attendance by foreign students, or engaging in authorized practical training following completion of studies, plus 60 days to prepare for departure from the United States. The student is considered to be maintaining status if he or she is making normal progress toward completing a [full] course of study." [8 CFR 214.2(f)(5)(l)]. During the 60-day period, students may apply to move to another educational level, transfer schools, or change to another non-immigrant visa status.
F-1 visa requirements
Maintenance of status
Once an alien is admitted to the United States in F-1 status, he or she must meet certain obligations in order to maintain status. The student must:
Have a passport that is kept valid at all times, unless exempt from the passport requirement.
Attend the school the student was authorized to attend. Continue to carry a full course of study.
Follow certain procedures if the student must remain in the United States longer than the length of time estimated for his/her educational program, as stated on the initial I-20 A/B issued to begin the program of study.
Follow certain procedures to transfer to a school other than the one originally authorized.
Limit employment, both on and off campus, to a total of 20 hours per week while school is in session.
Refrain from off-campus employment without authorization.
Report a change of residence to INS within 10 days of the change.
Full course of study
International students on F-1 visas are required to be full-time students for BOTH Fall and Spring each year. Full-time undergraduate status is defined as enrollment for a minimum of 12 credits each semester. Full-time graduate status is a minimum of 9 credits each semester. Full-time Post-Baccalaureate status is a minimum of 12 credits each semester. Exceptions to these regulations are made for students who are:
Experiencing initial difficulties with the English language or reading requirements, unfamiliarity with U.S. teaching methods, or improper course level placement.
Master's/Ph.D. degree students who have completed all course work and are enrolled only for thesis/dissertation work. In this case, the number of hours of registration must be approved by the Office of International Programs.
Encountering serious health problems which must be verified by a physician or hospital for permission to withdraw or drop below full-time status.
In the United States during the school's annual vacation periods, if the students are eligible and intend to register for the next term.
In the final term of their academic programs and need less than the minimum full-time load to complete that program.
On authorized practical training following completion of studies. Students engaged in part-time curricular practical training are required to enroll concurrently or be otherwise certifiable as exempt from the full-time course requirement (e.g., in the last term for an undergraduate degree).
Your registration status is crucial. You must be registered as a full-time student or meet any of the exceptions indicated above.
Any time your registration may fall below the minimum for full-time status, you should request the Below Full-Time Form from the Office of International Programs. Your adviser or department must complete and sign this form, indicating the reason you are not registering full-time.
Program extensions
An F-1 student is admitted to the United States for "duration of status," that is, to complete an educational program. However, if a student must remain in an educational program beyond the date originally estimated for completion of the program, as stated in item 5 on the initial Form I-20 A/B issued to begin the program, the student must comply with INS procedures for program extension. Application must be made through the Office of International Programs no later than 45 days before the expiration date on the original Form I-20 A/B.
An F-1 student who does not apply for a program extension 45 days before the expiration date noted in #5 on the Form I-20 A/B is considered by Immigration and Naturalization Service to be a Student Visa Abuser.-- "An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F) (I) and who violated a term or condition of such status under section 214 (l) is excludable from the United States for a continues period of years after the date of the violation."
Continuing a different educational level at the same school
To remain in status continuing from one educational level to another, the student must obtain a new Form I-20 A/B for the educational program into which admission has been received and submit documentation of financial support for the new program. The student must enroll in the new educational program in the first term following completion of the previous educational program or vacation. The Office of International Programs will notify INS of the change to a level and or new program.
A student may also accomplish the procedure for continuation to a new program at the same school through his or her re-entry to the United States from abroad. Such a student should obtain a Form I 20A/B which has been executed for the new program and use it for obtaining a new visa, if necessary, and for presentation at the port of entry. A student following this alternative is bound by the same application deadlines as if applying in the United States.
Employment
The INS regulation divides employment of F-1 students into several categories: On Campus, Off-Campus, Due to Severe Economic Hardship, Practical Training, and Sponsored by a Certain Type of International Organization. Permission to accept any employment, whether or not that employment is part of an academic program, is automatically suspended if the Secretary of Labor certifies to INS that a strike or other labor dispute involving a work stoppage is in progress at the student's place of employment.
Special provisions pertain to citizens of the Republic of the Marshall Islands and the Federated States of Micronesia. Citizens of these countries, including F-1 students, are permitted to be employed in the United States. They must nevertheless apply to INS on Form I-765 (without fee) for an Employment Authorization Document (EAD) evidencing their eligibility to work.
There are two categories of "employment" for which students in F-1 immigration status may request authorization, on-campus employment and practical training.
On-campus employment
An F-1 student may accept employment at the institution he or she is authorized to attend without prior approval from INS, provided the student is enrolled in a full course of study and the employment will not displace a U.S. resident. On-campus employment primarily means work performed on the school's premises. It includes employment with on-location commercial firms which provide services for students on campus, such as the school bookstore or cafeteria. It does not include employment on the school's premises for a commercial firm that is not providing on-campus services for students, for example, at a construction site for a new school building.
It may also include work at an off-campus location which is educationally affiliated with the school. In the case of off-campus locations, the educational affiliation must be associated with the school's established curriculum or related to contractually-funded project at the post-graduate level. The employment must be an integral part of the student educational program. On-campus employment is limited to 20 hours per week while school is in session. Such employment may be full-time during vacation periods for students who are eligible and intend to register for the subsequent academic term.
On-campus employment over the intervening summer is not permitted after completion of a course or courses of study (except employment authorized for practical training) unless the student has been issued a Form I-20 A/B to begin a new program. If the new Form I-20 A/B is from a different school, the student may engage in on-campus work an the campus of the new school before classes begin or on campus of the old school until the new school's classes begin.
Practical training
An F-1 student may be eligible to engage in temporary employment for practical training in his or her field of study, both before and after completion of studies. A student in an intensive English language program is not eligible for practical training. Practical training before completion of studies may be either curricular practical training or optional practical training.
Curricular practical training: Curricular practical training is defined as "alternate work study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school." [8 CRF 214.2 (f)(10)(1)]
For Credit curricular practical training may be mandatory or elective. The training program must be listed in the school's catalog with the assigned number of credits and name of the faculty member teaching the course clearly defined. A student enrolled in such a course may work out the details of their specific projects within the establish course objectives under the supervision of the instructor.
Non-Credit curricular practical training is usually offered in certain types of educational programs, such as hotel management, nursing, law, engineering, and teaching. A student in such a program is routinely required to undertake such non-credit internships. Students are often not remunerated for their participation in these programs. Non-credit internships or practicums which are required for graduation are recognized as curricular practical training.
At The University of Akron, curricular practical training is arranged jointly through the Office of Cooperative Education and the Office of International Programs.
Optional practical training: F-1 students may engage in practical training prior to completion of their course of study. Temporary employment as optional practical training may be authorized under one of the following conditions:
1. During the student's annual vacation and at other times when school is not in session if the student is currently enrolled and eligible, and intends to register for the next term.
2. While school is in session, provided that practical training does not exceed 20 hours a week.
3. After completion of all course requirements for the degree (excluding thesis or equivalent), if the student is in a Bachelor's, Master's or Doctoral degree program.
4. After completion of the course of study.
Optional Practical Training is limited to 12 months. Thus, if a student uses three months of such training during his/her vacation, that student will be entitled to only nine months of practical training upon completion of the course of study. Part-time optional practical training (20 hours per week or less) during the course of study shall be deducted from the twelve-month total at one-half of the full time rate. Authorization to engage in practical training employment is terminated when the student transfers to another school.
To request authorization for practical training, obtain the application packet for practical training from the Office of International Programs. Upon completion of the application, return the packet to the Office of International Programs for review and preparation of documents. There is a $35 processing fee for optional practical training, in addition to INS application fees.
Employment due to economic necessity
It is possible for F-1 students to work part-time off-campus due to economic hardship. This type of employment authorization is for F-1 students who have been in F-1 status for one full academic year, are in good academic standing, and have encountered severe, and documented, economic hardship since arriving in the United States. Employment authorized under this interim rule is limited to no more than twenty hours per week when school is in session and forty hours per week during holidays or school vacation. The employment is automatically terminated whenever the student fails to maintain status. This new rule also mandates that the student make a good faith effort to pursue employment on-campus. "Severe Economic Hardship" is defined as unforeseen economic circumstances beyond the students control; substantial fluctuation in the value of currency or exchange rates; inordinate increases in tuition and/or living costs; unexpected charges in the financial condition of the student's source of support; medical bills; or other substantial and unexpected expenses
The Office of International Programs has prepared a series of handouts describing employment for F-1 students. Please refer to these handouts for employment procedures.
Transfer of schools
Eligibility
An F-1 student who is maintaining status may transfer to another INS approved school by following the procedures listed below. An F-1 student who was not pursuing a full course of study at the school he or she was last authorized to attend is ineligible for school transfer and must apply for reinstatement. Procedures to effect a transfer of school, are as follows:
The student must inform the school that he/she is presently attending of his/her intention to transfer.
The student must obtain a new Form I-20 A/B from the school he or she plans to attend.
The student must enroll in the new school in the first term after leaving the previous school or the first term after vacation.
The Office of International Programs (OIP) will prepare a new I-20 A/B reflecting the transfer. This must occur within 15 days after the first day of classes.
The student must submit a copy of his or her current I-20 A/B to the Office of International Programs at the new school. The new school will notify INS of your transfer.
A student may also accomplish the procedure for school transfer through his or her re-entry to the United States from abroad. Such a student should obtain a Form I-20 A/B executed by the new school for the new program and use it for obtaining a new visa, if necessary, and for presentation at the port of entry. A student following this alternative is bound by the same application deadlines as if applying in the United States.
An F-1 student may attend another school during an authorized vacation period without applying for transfer provided he or she is eligible and intends to register for the next term at the authorized school.
Transfer of schools after leaving the United States
A student may be readmitted to the United States to attend a school other than that specified in the student's visa, whether or not the transfer procedures were followed prior to leaving the U.S.. If the transfer procedures were not followed prior to reentry into the U.S., the student must present both a new Form I-20A/B from the school to which he or she intends to transfer and all I-20A/B Forms the student has been issued.
The immigration officer at the port of entry will retain the first page of the new Form I-20 A/B and return the second page endorsed with an INS stamp reflecting admission to the United States. The INS officer will forward the first page of the Form I-20 A/B to INS's Data Processing Center to update the student's record.
Travel
In-Country
If you intend to travel within the U.S. during your stay, there are no special documents necessary. However, be sure to carry your passport, I-94 and I-20 A/B page 3/4, so that you will have legal identifying documents in your possession should any problems arise.
Out-of-U.S.
All students traveling outside of the U.S. for a temporary period (5 months or less) must have a valid I-20 A/B with the Designated School Official's signature for re-entry on page 4. Your passport must also be current. If necessary, obtain a new U.S. visa at a U.S. Embassy/Consulate abroad before returning, as you will not be permitted entry to the U.S. without a valid visa. Please come to the Office of International Programs at least one week before you leave to obtain a signature for travel.
Students who are out of the United States for more than five months will need a new Form I-20 A/B. The student's admission status and financial support will have to be verified before a new form can be prepared.
Travel to Canada
All F-1 students wishing to visit Canada require a Canadian Visitor Visa unless they are citizens of countries that are exempt from the Canadian non-immigrant visa requirement. A list of the countries and Canadian Visa Applications are available in the Office of International Programs. The Canadian government will issue a visitor visa to a student in the United States only when convinced that the student is readmissible to the United States.
The Canadian government advises that, at least three weeks in advance of their planned trip to Canada, students submit to the appropriate Canadian consular post a completed visitor-visa application (Form IMM 1296) with required fee, valid passport, Form I-94, two passport size photographs, proof of adequate funds for the stay in Canada, and current Form I-20 A/B (page 3/4). These documents should be sent by certified mail, along with a return envelope with postage paid for certified mail.
For citizens of some countries, an interview is required before a Canadian Visitor Visa will be issued. Students wishing to visit Canada should telephone the Canadian Consulate General in their area to ascertain whether an interview is required and the days and hours of the consulate's operation.
When traveling to Canada, an F-1 student should carry each of the documents required for the issuance of the visitor visa, plus evidence of return transportation arrangements, and sufficient funds for the period of the contemplated stay in Canada.
Travel to Mexico
Mexican diplomatic authorities in the United States have indicated that information regarding visitor or tourist visas are too complex to be answered in a general manner. Some individuals may be exempt from visa requirements based on treaties between the country of origin and Mexico. Requirements for other individuals vary with the nationality of the prospective visitor. It is suggested that inquiry be made at the closest Mexican Consulate.
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