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In the United States, the F visas are a type of non-immigrant student visa that allows foreigners to pursue education (academic studies and/or language training programs) in the United States. F-1 students must maintain a full course of study. F-1 visas are only issued in U.S. embassies and consulates, although extensions of stay and changes of status may be possible within the United States.[1] Prospective F-1 students must apply at the schools and receive a form I-20 in order to apply for an F-1 visa.[1][2] F-1 students must show that they are able to support themselves during their stay in the U.S., as their opportunities for legal employment are quite limited.[3] F-2 visas are given to dependents of an F-1 student. F-2 visa-holders are prohibited from any form of compensated employment. However, minor children may attend public schools.[4] Finally, the F-3 visa is issued to Canadians and Mexicans who commute across the border to attend American schools.[5]
Types
There are three types of F visas,
- F-1 visas are for full-time students.
- F-2 visas are for spouses and children of F-1 visa holders — these are technically called "dependents."
- F-3 visas are for "border commuters" who reside in their country of origin while attending school in the United States. F-3 visas are granted only to nationals of Mexico or Canada[5] and these visa holders may study part- or full-time. However, unlike F-1 visa holders, they may not work on campus, although they may still be authorized for Curricular Practical Training; Optional Practical Training may only be used after graduation.[6] While the Border Commuter Student Act was signed into law on November 2, 2002, the Department of Homeland Security, which is responsible for all F and M regulations (8 CFR 214.2), has never published a rule discussing F-3 commuter students. Previously, part-time students from Canada and Mexico were permitted to enter the United States as visitors, but after the September 11 attacks the Department of Homeland Security found such students ineligible for admittance as visitors (since their purpose was educational) and also ineligible for F-1 (academic) or M-1 (non-academic or vocational) visas (because those classifications require students to attend full-time).
Role of the educational institution
To pursue studies in F status at a college, university, or vocational school, it is necessary that the institution be a participant in the Student and Exchange Visitor Program (SEVP). An institution can acquire SEVP certification by filing Form I-17 with U.S. Immigration and Customs Enforcement (this is a one-time process).[7] An institution can be SEVP-certified despite not holding national or regional accreditation.[8] Conversely, an institution may hold national or regional accreditation but may have chosen not to obtain SEVP certification if it does not intend to admit international students in the F, J, or M status.
A large university typically has an international office that manages its participation in the SEVP, and all the designated school officials (DSOs) work for this office. The international office manages updates to the Student and Exchange Visitor Information System (SEVIS) record for students and issuing of new Form I-20s. Students who have any change to their plans (such as program end date, course load, leave of absence, return from leave of absence) must communicate these changes with their international office.
High schools
It is possible to obtain an F-1 visa to pursue studies at a secondary school (grades 9-12). As is the case with other institutions, the secondary school must be SEVP-certified. The school may be a public (government-funded) school or a private school. In the case of a public school, the student may attend for a maximum period of 12 months and must reimburse the school for the full per-capita cost of attendance. Neither of these requirements apply for students attending private schools.[9]
Acquiring student status
Issuance of first Form I-20
Once the prospective student has accepted the institution's offer of admission, the institution issues a Form I-20 to the student.[8][10]
Apart from biographical information about the student (including the student's name, date of birth, citizenship, etc.), there are two main pieces of information that must be entered in the student's SEVIS record and the initial Form I-20.
- Program details: The program name, start date, and end date.
- How the student intends to meet tuition and living expenses for the first year the student is in the program, or until the end date indicated on the I-20, whichever is shorter.
Each international office may follow its own rules or guidelines regarding the type of documentation it requests from the student or from other departments in order to be able to issue the I-20. The jargon used for this documentation will also vary by institution. For instance, the University of Chicago and University of Michigan uses the term "Financial Resources Statement" for the statement that students need to submit to it regarding how they will meet their expenses,[3][11] while the University of Illinois at Urbana–Champaign uses the term "Declaration & Certification of Finances for I-20/DS-2019 Application".[12]
After receiving information from the student and institution regarding the program length and end date, the international office creates the student's SEVIS record, gets a SEVIS number for the student, and issues a Form I-20. A physical copy of the form may be mailed to the student overseas. In the case that the student has a SEVIS record from previous student status, the existing SEVIS record should be transferred.[13]
The international office may refuse to issue a Form I-20 if the student is unable to demonstrate how he or she plans to cover expenses for the first year.
Payment of fees
In order to transition to student status, the prospective student must pay a one-time SEVIS fee using Form I-901.[14] This fee applies both to people who are not currently in the United States (and need a visa) and to those who plan to change status using Form I-539.[15]
Application
The application process for a F visa varies depending upon whether the student is outside of the United States, or already present within the United States.
Application from Outside of the US
Student who are outside of the United States, must apply for a student visa (F or M). The visa interview must be scheduled fewer than 120 days prior to the start date indicated on the Form I-20.[16][17]
At the time of initial entry, the officer at the port of entry checks that the program start date is at most 30 days ahead, and that the I-20 has a valid travel signature.[18] It is also necessary that, at the time of initial entry, the school the student intends to attend matches the school on the student's visa and the student's I-20, though this is not a requirement in the future.[13] The officer at the port of entry also issues a Form I-94 with expiration date indicated as "D/S" (Duration of Status), which means that the student is in authorized status in the United States until the program end date indicated on the I-20 (and can stay in the United States for up to 60 days after that[19]).
Change of status from within the US
If the student is already in the United States in another status, it may be possible to change status using Form I-539. However, there are many limitations. For instance, the process generally takes 3–6 months, which can be considerably longer than traveling outside the United States and getting a new visa.[20]
For those who entered the United States using a B visa, having an annotation on the visa saying that the entrant is a "Prospective Student" is generally a prerequisite for the Form I-539 application to be accepted.[21][22]
In general, the USCIS does not approve transition to student status with a start date more than 30 days prior to the program start date. Therefore, applications where the applicant's current status expires more than 30 days before the start date of their program are likely to be rejected.[23]
Transfer to another institution
Students who transfer from one educational institution to another do not need to file Form I-539 or pay the SEVIS fee again. They can also re-enter on a student visa for a previous institution as long as the visa is still valid.
Reporting arrival
In order to maintain legal student status, the student is required to report to the international office at his/her institution about his/her successful arrival, along with all the relevant documentation (Form I-20, passport, visa, Form I-94). The international office in turn updates the student's SEVIS record indicating that the student has reported for studies.[24]
Maintaining student status
"D/S" annotation on Form I-94
The Form I-94 that is issued to F-1 students upon arrival is generally annotated "D/S" indicating duration of status, which means that the student can stay in the United States as long as they are in valid student status. In addition, there is a grace period of 60 days after the completion of studies to depart the United States.[19][25][26]
The exception to "D/S" is in cases where the student's documentation is not considered complete or satisfactory by the officer at the port of entry. In this case, the expiration date on the Form I-94 is listed as thirty days from the present date, and the student is issued Form I-515A, indicating what information was missing from the student's documentation. The student must contact his or her international office for help with obtaining the correct documentation.[27][28]
Conditions for being in valid student status
Under ordinary conditions (i.e., unless any exceptions apply) a student must, in order to maintain valid student status:
- maintain a "full course load" (unless the institution approves the student for a Reduced Course Load)
- not be engaged in any employment without authorization of Department of Homeland Security
- have an accurate SEVIS record, and in particular, should not be past the program end date indicated on the Form I-20.
Full course load requirement
The SEVIS regulations stipulate one requirement for staying in status as being that the student must maintain a full course load, defined as 12 or more credit hours for credit-bearing schools and 18 or more contact hours for intensive English program enrollment.[26] However, the precise translation of the requirement in terms of the structure of courses at a particular institution may vary by institution.
The following are the accepted reasons for having a reduced course load in a given quarter or semester:[29][30]
- Final quarter or semester, where only a partial course load is needed to meet graduation requirements (this can be availed at most one time)
- Medical condition (this can be availed at most four times)
- Academic difficulty (this can be availed at most one time). Three types of reasons are allowed:
- Initial difficulty with the English language or reading requirements
- Unfamiliarity with U.S. teaching methods
- Improper course level placement
Reduced Course Load must be applied for in advance so that the SEVIS record can be updated and a new Form I-20 noting the Reduced Course Load can be issued.
On August 27, 2002, an Interim Final Rule was issued extending Reduced Course Load to border commuter students (one of the measures that was part of the introduction of the F-3 status); this was a complementary measure to the phasing out of the use of B visas for study.[31]
Employment
Unless approved for practical training, a person in student status may only engage in on-campus employment.[32] On-campus employment may include:[32][33]
- Employment by the institution, for instance, as a teaching assistant, research assistant, or library student worker
- Work performed in a location on campus for a commercial firm providing direct services to students, for instance, at a campus bookstore even if not owned by the university
- Employment at an off-campus location that is educationally affiliated with the institution. The work must be associated with the academic department's curriculum, related to contractually funded projects at the post-graduate level, and integral to the curriculum.
There are also limits on the amount of time a student may engage in on-campus employment. While school is in session, this can be no more than 20 hours per week. While school is out of session, there are no restrictions on the amount of work.[33]
There are two primary ways a person in student status may be able to legally qualify for off-campus employment, namely Curricular Practical Training and Optional Practical Training. Both of these need to be approved by the institution and included in the student's SEVIS record and Form I-20. Within Optional Practical Training, there is both pre-completion and post-completion Optional Practical Training.
A student in F-1 status is not allowed to engage in on-campus employment during the 60-day grace period after completion of studies. Moreover, while the student is on post-completion Optional Practical Training, the student can only engage in the type of employment permitted by that Optional Practical training, and therefore cannot engage in arbitrary on-campus work.
An F-1 student who experiences severe economic hardship due to unforeseen circumstances beyond the student's control, the student may request employment authorization to work off-campus under certain circumstances.[34] Examples of unforeseen circumstances that may be eligible include loss of financial aid due to no fault of the student, loss of on-campus employment through no fault of the student, substantial fluctuations in currency value or exchange rate, inordinate increases in tuition or living costs, unexpected changes in the financial condition of the student's source of support, and substantial unexpected medical bills.[34] The student must have been in F-1 status for one full academic year, be a student in good standing, and be carrying a full course of study.[35] Off-campus employment must not interfere with the student's full-time studies and the employment is necessary to avoid severe economic hardship.[35] A student experiencing such a severe economic hardship due to unforeseen circumstances may request employment authorization by sending Form I-765, a copy of the student's Form I-20 including the employment page completed by the designated school official, and documentation of the severe economic hardship due to unforeseen circumstances to U.S Citizenship and Immigration Services.[34] If U.S. Citizenship and Immigration Services approves the request, the student may work off-campus in one-year intervals up to the expected date of completion the student's current course of study.[34]
Over and above the rules imposed on account of F student status, the student and employer must also comply with all existing federal, state, and local regulations pertaining to wages, working conditions, and tax law. For instance, the student may need to obtain a Social Security Number in order to be able to engage in on-campus work, and employers may ask the student to fill Form I-9 at the start of employment.[33]
Leave of Absence and withdrawal
The F status does not explicitly recognize Leave of Absence. Rather, if somebody intends to take a lengthy leave of absence, then their institution terminates their SEVIS record for "Authorized Early Withdrawal". There is a 15-day grace period to depart the United States on such a terminated record.[36] If the student then returns in 5 months or fewer, the F-1 status can be reactivated with the same I-20 and without any effect on OPT/CPT eligibility (this has a lead time of up to a month). If more than 5 months elapse, a new SEVIS record must be created for the student, with a new Form I-20.[37][38]
Physical absence from the United States for a contiguous period of over five months automatically deactivates one's student status, even if the student did not explicitly request termination of the SEVIS record.[38]
Maintaining the correct program end date
It may happen that the student's actual program end date falls earlier or later than what the student expected. It is necessary that a new I-20 be issued reflecting the current program end date, both prior to the program's actual end and prior to the stated program end date on the Form I-20.
If the Form I-20 is being shortened, the international office may require the student to submit evidence showing that the student has enough academic credits to graduate early.[39] If the Form I-20 is being extended, then, in addition to any evidence from the student about changed academic plans, the international office also needs an updated statement of financial resources for the new I-20 to cover up to one year of the I-20 extension.
After the change to the program end date is made in the student's SEVIS record, the new Form I-20 is issued to the student.
The program end date on the Form I-20 need not coincide with the graduation date. Rather, it is the end date of the student's enrollment in courses. It is not possible to extend the program end date simply in order to be able to stay around till the graduation ceremony. If the graduation ceremony falls outside the 60-day grace period of completion of coursework, then the student must find some other way to be legally present for it (for instance, by staying around on Optional Practical Training, or getting a B visa for the graduation ceremony).[39]
Travel and re-entry
Whenever the student re-enters the United States after traveling, the student must have all of these at the time of arrival at the port of entry:[40]
- A valid passport (valid for at least six more months)
- A valid F or M visa
- A valid I-20 (i.e., an I-20 whose program end date has not yet arrived)
- A travel signature on the I-20 (page 3) from the DSO that is at most one year old (six months in the case of students currently on post-completion Optional Practical Training)
Since travel signatures are valid for only a year, students need to periodically get updated travel signatures on their I-20 from their international student office. The purpose of this requirement is to avoid cases where people who are no longer enrolled as students at an institution keep using an outdated Form I-20 to get in. In particular, when adding a new travel signature to the OPT, it is the responsibility of the international student office to make sure that the student is still enrolled at the institution. In case the Form I-20 runs out of space for travel signatures, the international office may print out a new Form I-20 for the student.
In the special case of automatic visa revalidation, whereby the student returns to the United States after a trip to Canada, Mexico, or a nearby island for at most 30 days, it is not necessary to have a valid visa at the time of re-entry. However, it is still necessary to have a valid Form I-20 and a travel signature.[41]
After completion of studies
After completion of studies, a student has a 60-day grace period to depart the United States. It is not possible to re-enter the United States during this grace period, regardless of the validity of visa or travel signatures. This does give the student some time to change to another non-immigrant status if applicable. However, if the student is unable to successfully change status the student must nonetheless depart the United States.[42]
One way a student can continue to stay in the United States on student status after completion of studies is by being approved for post-completion Optional Practical Training. Post-completion OPT can start at most 60 days after the completion of studies, and requires the student to work at least 20 hours a week (excluding up to 90 days of unemployment) on topics related to the student's program of study. Post-completion OPT can be at most 12 months long. While doing post-completion OPT, the student is still in F status but cannot engage in arbitrary on-campus employment or enroll in a degree program.
Dependents
The status for dependents (spouses and children) of people on F-1 status is the F-2 status. Since the F-2 status is a derivative status, a person goes out of F-2 status as soon as the corresponding principal (the student in F-1 status) goes out of F-1 status.[4]
The F-2 dependent may enter the United States along with the F-1 principal, or at any later time.[43]
F-2 dependent spouses have a very limited range of activities they can legally do. In particular, they are not allowed to enroll in a full course of study (but they may still attend classes at a SEVP-certified school) and they are not allowed to work, and cannot obtain Social Security Numbers. This differs somewhat from J-2 spouses, who can take coursework and are also eligible for work authorization though they need to apply for it.[44][45] If a person on F-2 status gets admitted to a degree program in the United States, that person can transition to F-1 status after obtaining a Form I-20 and then filing Form I-539.[46] However, the person will need to a get a new visa for subsequent re-entry to the United States.
F-2 dependent minor children can study in school (K-12, i.e., secondary or lower level of education). If unmarried, the same permissions and restrictions apply to them for post-secondary education as apply to F-2 dependent spouses: they can take classes at a SEVP-certified school but cannot engage in a full course of study.[44]
Statistics
Number of visas issued from 1997 onward
The count below is of the number of visas issued by a United States consular officer. The years here are Fiscal Years, so for instance the year 2004 refers to the period from October 1, 2003 to September 30, 2004.[47] This includes visas issued to people who are in an existing program of study and whose visa has expired, therefore it exceeds the actual number of distinct students admitted every year. On the other hand, since many students get multi-year, multi-entry visas, and a new visa needs to be issued only when the person travels outside the United States, this number is less than the total number of students in that status currently present in the United States. In other words, it is somewhere intermediate between the annual flow and total stock of students in F status.[47] The F-3 became available in Fiscal Year 2004 so the number of F-3 visas issued before that is zero.
| Fiscal Year | Number of F-1 visas issued | Number of F-2 visas issued | Number of F-3 visas issued | Ratio of F-2 visas to F-1 visas | Percentage growth in F-1 visas issued | Notes |
|---|---|---|---|---|---|---|
| 1997 | 266,483 | 22,099 | 0 | 8.29% | no data | |
| 1998 | 251,565 | 21,845 | 0 | 8.68% | -5.59% | |
| 1999 | 262,542 | 22,893 | 0 | 8.71% | +4.36% | |
| 2000 | 284,053 | 24,891 | 0 | 8.76% | +8.19% | |
| 2001 | 293,357 | 26,160 | 0 | 8.94% | +3.27% | |
| 2002 | 234,322 | 22,212 | 0 | 9.48% | -20.12% | [a] |
| 2003 | 215,695 | 19,885 | 0 | 9.22% | -7.94% | [b] |
| 2004 | 218,898 | 18,893 | 16 | 8.63% | +1.48% | [c] |
| 2005 | 237,890 | 18,061 | 42 | 7.59% | +8.67% | [d] |
| 2006 | 273,870 | 20,748 | 19 | 7.58% | +15.12% | |
| 2007 | 298,393 | 22,036 | 119 | 7.38% | +8.95% | [e] |
| 2008 | 340,711 | 23,193 | 519 | 6.81% | +14.18% | |
| 2009 | 331,208 | 21,817 | 773 | 6.58% | -2.78% | [f] |
| 2010 | 385,210 | 25,220 | 887 | 6.55% | +16.30% | [g] |
| 2011 | 447,410 | 27,703 | 959 | 6.19% | +16.14% | |
| 2012 | 486,900 | 27,561 | 792 | 5.66% | +8.82% | [h] |
| 2013 | 534,320 | 29,139 | 678 | 5.45% | +11.58% | |
| 2014 | 595,569 | 31,732 | 403 | 5.33% | +9.77% | |
| 2015 | 644,233 | 33,632 | 63 | 5.22% | +8.17% | |
| 2016 | 471,728 | 30,486 | 0 | 6.46% | -26.78% | [i] |
| 2017 | 393,573 | 27,435 | 0 | 6.97% | -16.57% | [i] |
| 2018 | 362,929 | 26,650 | 0 | 7.34% | -7.79% | [i] |
- ^ Reduction in the number of student visas issued is due to tightening of security as a result of the September 11 attacks.
- ^ Continued increase in security around September 11 attacks leads to further reductions in the issuance of new student visas.
- ^ Number of F-1 visas issued no longer declining; also the F-3 category was introduced and started getting used.
- ^ The number of F-1 visas starts increasing, and the ratio of F-2 to F-1 visas falls.
- ^ Number of F-1 visas issued reaches an all-time high, completing the recovery from the post-September 11 decrease.
- ^ In the wake of the Great Recession, growth in use of student visas stops temporarily.
- ^ Robust year-over-year growth in usage of the F-1 resumes, even as the ratio of F-2 to F-1 continues to fall.
- ^ After steady growth, use of the F-3 starts declining.
- ^ a b c The decline is mostly due to China, and likely due to the United States beginning to issue multiple-year entry visas to Chinese nationals starting with Fiscal Year 2015, reducing the need for visa renewals.
F-1 visas by country for major countries
The data below is from the U.S. Department of State visa statistics.[47]
A country where visas are issued for shorter durations and single entry will see more visa applications for the same total number of students in the United States. In particular, one of the main factors inflating the number of student visas issued to students from China was that the visa issued was a single-entry visa valid for one year, so a student visiting family every year had to renew the visa. The United States and China switched to a 5-year validity multiple-entry visa in November 2014 and the corresponding reduction in the number of F-1 visas issued should therefore be seen in the statistics starting Fiscal Year 2016 (since the first multi-entry five-year validity visas will be issued in Fiscal Year 2015, there will be less need for visa renewal starting in Fiscal Year 2016).[48][49][50] In the table below, the columns are arranged in decreasing order of F-1 visa usage in FY 2015.