Temporary (Nonimmigrant) Visas

M Vocational Visa

The M category has the same requirements as the F-1 Student Visa, except that the education must take place at a vocational /nonacademic institution.

Eligibility

Who is eligible for an M visa:
A person seeking to enter the United States to engage in a full course of nonacademic study may be eligible for an M visa. 
A full course of study requires that the student attain a specific vocational objective. In most cases, the student must take at least 12 credit hours per term, at a postsecondary vocational or other business school, whose credits are accepted unconditionally by at least three 
institutions of higher learning. This does not include language training programs, unless the English language training is part of the vocational school’s curriculum.

A student that seeks to be admitted to the US must present an I-20 certificate to the Consulate abroad. The I-20 must be accompanied by proof of the alien’s financial ability to support themselves, including tuition and fees, living expenses, expenses of their dependents, and any other expenses they may have. This affidavit of support must cover the student’s expenses for a 12 month period of time, and is usually made on a Form I-134 (Affidavit of Support). The Consulate may further question the prospective student, even if the above documentation is produced.

In order to be admitted to the US, the student must have been accepted by an approved school in the US, must have documentation of the ability to cover their expenses for 12 months, and have sufficient knowledge of English and scholastic preparation for the proposed course of study.

In order to be admitted to these training programs, the applicant must receive a Certificate of Eligibility (Form I-20A-B or Form I-20M-N), signed by the student. 

M Visa recipients are admitted for the time necessary to complete the course of vocational study, plus 30 days, or one year, whichever is less.

As long as the person is seeking in good faith to pursue their vocational goals in the U.S., they can obtain an M 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 vocational 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. 
The M visa is different from the F-1 visa in that a M visa student may only transfer schools in the first six months of study, unless their reason for not being able to remain at the school they seek to leave was due to circumstances beyond the person’s control. The M visa student cannot change their educational objectives. 

M visa students cannot accept employment, except for practical training that is obtained after they have completed their studies, and must not exceed six months. This training must be related to their course of study. The M student cannot change to H status if the basis for the H status was the training or education received as an M student.

If the student loses that form, the student will be able to apply for a 
replacement card on Form I-102.

Following to Join or Accompanying Spouse or Children

If the student’s spouse or children are accompanying him or her, they will be issued Form I-94, showing their admission in M-2 status. If they are following to join, they will only be issued this status if they can submit proof that the student is or will be engaged in a full 
course of study or practical training, within 60 days.

The M-1 student is admitted for one year, or the period necessary to complete the course of study, whichever is a lesser amount of time, plus 30 days after that period, in order to depart the US.

The limit on the period of stay is calculated based upon an estimate by the school official’s calculations of how long the average foreign student takes to complete a similar program of study, with a grace period of a year longer than this estimate.

If the M Visa student becomes out of status, if this occurred based on circumstances beyond the student’s control, or if being out of status would result in extreme hardship, the student may be reinstated.

Change of Status

If an alien wants to change to the M-1 status, the alien must file Form I-539 to the Service Center of the alien’s temporary residence. The I-539 must be accompanied by:

1) filing Fee
2) the original I-20M-N from the school the student wishes to attend
3) evidence of the student’s ability to pay their expenses for 12  months time
4) a copy of the I-94, front and back
5) evidence that the prospective student has maintained lawful status since entry into the US
6) evidence that the prospective student has a residence abroad that they have no intention of 
     abandoning

An M-1 student may apply for an extension of stay by submitting Form I-538, with the filing fee, to the Service office that has jurisdiction over the student’s last authorized school. The student must also submit a copy of the Form I-20 ID and the I-94s of the student and any family members that are accompanying the student. The student must prove that he/she will be in student status for the duration of the time of the requested extension. An extension may be granted for up to one year, or the time it takes to complete study, whichever is sooner, plus 30 days to depart. This is a process that is discretionary.

If a new visa is issued, the student applies for admission at a port of 
entry of the US, just as with the initial visa.