F - Academic Students

General Information

A person seeking to enter the United States to engage in a full course of academic study may be eligible for a Student (F) visa. The students eligible for the F visa can range from elementary school students to doctoral candidates and persons engaged in post-doctoral studies.
Foreign students are permitted to remain in the U.S. for the "duration of status." Duration of status means that a student remains in valid status during enrollment in any number of academic programs (e.g., high school followed by college followed by master's degree), plus any periods of authorized practical training and a 60-day grace period to depart the U.S.
As long as the person is seeking in good faith to pursue their academic goals in the U.S., they can obtain an F visa without regards to the availability of similar training in their own country. The person can remain in the U.S. for many years in order to complete a full academic program. They may even engage in a specific period of practical training after completion of their studies as long as the training would not be available in their own country.
Students coming to attend an educational institution sponsoring an exchange visitor program approved by the U.S. Information Agency may also enter with an Exchange-visitor (J) visa.
Students coming to the U.S. to attend a vocational program must enter with an M visa.

- The person must enroll in an academic education program,
- The educational institution must be approved by the Attorney 
   General for attendance by foreign students,
- The person must be enrolled in a full course of study at the school,
- The person must be proficient in English or enrolled in courses 
   leading to English proficiency,
- The person must have sufficient funds available to cover expenses 
   for   the full course of study,
- The person must maintain a residence abroad which he or she has
   no intention of abandoning.

The person seeking the F visa must enroll in an established college, university, seminary, conservatory, academic high school, elementary school or other academic institution or in a language program in the U.S.The educational institutions are required to provide information to the Attorney General about the following: Students' identity and current U.S. address; The nonimmigrant classification of the alien and the date on which a visa was issued or extended, or the date on which a change to such classification was approved by the Attorney General;
In the case of a student at an approved institution of higher education, the current academic status of the alien, including whether the person is maintaining status as a full-time student or, in the case of a participant in a designated exchange visitor program, whether the person is satisfying the terms and conditions of such program;
in the case of a student at an approved institution of higher education, any disciplinary action taken by the institution against the student as an result of the student being convicted of a crime.

A person with an F visa may apply in the U.S. to change to another type of nonimmigrant visa as long as an application for change of status is done before the person falls out of status. The person must meet the criteria for the other nonimmigrant visa being sought.

A person who is already in the U.S. with another type of nonimmigrant visa can apply in the U.S. to change to an F visa as long as an application for change of status is done before the person falls out of status. The person must meet
the criteria for the F visa.

Students holding an F visa are authorized to work on-campus and part-time off-campus. They can also engage in pre-completion practical training. Students with F visas are also authorized to work based on "severe economic hardship caused by unforeseen circumstances beyond the student's control." These circumstances may include: loss of financial aid or on-campus employment
without fault on the part of the student, substantial fluctuations in the value of currency or exchange rate, inordinate increases in tuition and/or living costs, unexpected changes in the financial condition of the student's source of support, medical bills, or other substantial and unexpected expenses.

On campus work for graduate students includes certain jobs where the employment is physically "off-campus" and paid for by someone other than the school which the student is attending. For example, a graduate student may work for a private company that has a research contract with the professor supervising the student.

In order to work off-campus, a student with an F visa must first attempt to find employment on-campus and through the pilot off-campus program. If he fails at those efforts then the Designated School Official must certify on form I-538 that no work is available or sufficient to meet the student's economic needs. An employment authorization application is then submitted with form I-538 to INS.

Failure by a person to abide by the terms and conditions of an F visa make the person deportable for violating his or her status.

A person who falls out of status must depart the U.S. immediately and may be able to make a new application for admission. Persons who do not leave voluntarily and those who are determined to have committed fraud or willful misrepresentations on initial admission are not allowed to come back.

If a person is out of status from any of the nonimmigrant visas, he or she would need to submit a new visa application at the consulate in the country of his or her
nationality. A third country consulate will not process the application unless the person can establish extraordinary circumstances.

It is important to note that persons who fall out of status and remain in the U.S. for significant periods of time (181 days or more) are ineligible for any type of visa for three or ten years, depending on the period of unlawful presence.

If the student is out of status because he failed to enroll for a full course of study during the current term, he may seek to transfer schools. In that case, the student must request reinstatement of status from the INS with jurisdiction over the new school. To obtain reinstatement the student needs to submit forms I-539, I-20 A-B, I-94, supporting documentation and a new filing fee.