Visa and more

Overview The F-1 status is first of all intended to allow foreign students to attend an American college or university. Also language courses fall under this category (see also our Breaking News). Since a 1996 amendment, however, regulations have changed for public grade and secondary schools. Ever since then, foreign students have to reimburse the US government for the education costs. Under certain circumstances a work permit can be acquired, but it is not automatically part of the visa. US authorities will generally expect the students to have the financial means to pay for their education. For economic emergencies, for example if you lose your money through no fault of your own, you can obtain a work permit. During the first year, this is limited to on-campus employment, in the second year it can be changed to include other employment as well. Requirement is a recommendation of the educational institution, linked with the formal work permit application.

Students will generally be granted a stay for the duration of their education (not to be confused with the visa validity). The school will state the rough time period on the I-20, which you will need for your consular interview.

Basic requirements Consular officials tend to check the financial means you have available. Some of the possible documentation options are: financial aid through scholarships, research scholarships or loans. You have to prove that these sources will be available for you for the entire duration of your education. Others are financial aid from local institutions, from private organizations, or your own capital or support from your close relatives. Of course, also US sources or mixed sources will be accepted. When you enter the US you will get a stamp on your I-94 arrival record with a so-called Notation, abbreviated with D/S. This means duration of stay and is the period you are granted in the US.

ATTENTION: The duration of stay is important, not the validity of your visa. If you want to or have to extend your education, you have to submit a new formal visa application with a new I-20 even if your old visa is still valid. If you are still in the US and won't be back in your home country long enough, you can already send the application from the US. By the way, a visa interview is generally only required for the initial application, if you have to attend an interview again you will be notified.

The key to successful studying: the I-20 In light of current events: An I-20 can ONLY be obtained from an educational institution authorized by and bound by contract to US immigration (BCIS, formerly INS). Some schools seem to refer their applicants to US immigration, telling them they could obtain the I-20 there in order to apply for F-1 status. However, the school should have a number of I-20s itself and provide you with this before you apply at the US consulate in your home country. So don't get confused. After approval the school will give you a copy of the I-20 and forward your data to the SEVIS system (we informed about this in detail), which the US consulate can access as well.

Interview at the US consulate Apart from the I-20 and other documentation, you also need the application form DS-156, form DS-158, and male applicants between the age of 16 and 45 also a DS-157 for the F-1 application.

Important, please note: intent to return Over the last months there has been an increasing number of cases in which the F-1 has been denied because the applicants could sufficiently prove that they intend to return home. You have to prove that you intend to return your home country after having studied in the US. This is a requirement for all non-immigrant visas in general, but apparently it is especially strictly observed for student visas at present. Frankly, proving this isn't easy. Usually, specific job offers after graduation or at least notices of intent from employers can be helpful here. Sometimes they will also look at how strong your family ties are.

One important aspect is your financial background. You should have enough money to pay for your education, the costs of living and everything else you will need to live comfortably for the time you are in the US without having to work. For this, the consulate will look at the costs calculated on the I-20 that you will have to pay for in addition to the tuition fees.

Visa and admission To be issued a visa, you will have to attend an interview at the US consulate. There a consular officer will determine whether you qualify for a visa according to the requirements stated above. If your application is approved you will usually receive your visa within five working days, it will be mailed to your home address.

Upon admission you will receive your duration of status on your I-94, as briefly described above. Please make sure to keep the lower part of this card until your departure.

Employment

a) On-campus Employment

As mentioned above, you can work during your first year, but only on campus. It is possible that most jobs are already reserved for certain US students who are receiving scholarships with insufficient financial aid. In that case, the programs could be generally closed to foreign students. So it is advisable to check with the school before enrolling there.

b) Off-campus Employment in general

To get permission for this, you have to demonstrate good or very good performance during your first year at college/university. The work permit may be as follows: for a Curricular Practical Training (CPT), Optional Practical Training (OPT) and for the so-called Unforeseen Economic Hardship. The last case applies to unexpected financial difficulties during your college/university time. Examples are the (partial) suspension of scholarship payments, or if your family stops paying for you and this qualifies as unacceptable social hardship. If you opt for the CPT or OPT, the job should be related to your field of study and include internship elements. Language training in the form of language courses does not qualify.

c) Financial problems during your time as a student

As mentioned above, you may obtain a work permit in case of en economic emergency that might endanger your academic education as such. This severe economic hardship has to arise unexpectedly and through no fault of your own. The work permit will be for 20 hours a week, and part time or full time employment during the summer break. Good performance at college/university is a basic requirement. So how can you believably prove social hardship? Our advice: Document your financial problems as precisely as possible, even the details are embarrassing for you. This can, for example, be a letter from the scholarship donor or relative explaining the suspension or cutting of your financial aid.

Family members Spouses can accompany you as a F-1 holder, provided you are a full time student or in a recognized training program that is part of the university course. If you are underage (please note that you come of age with 21 in the US), your parents may follow you to the US on a B-1/B-2 tourist visa. However, your parents will have to prove their intent to return to their home country. According to experience this is usually rather difficult in the individual case, since the duration of stay can only rarely be extended from 180 to 360 days.

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