F-1 Students

F-1 Students

Who is Allowed to Study in the United States?
A nonimmigrant is someone admitted to the U.S. temporarily for a specific purpose. People who are coming to the United States to pursue full-time academic or vocational studies are usually admitted in one of two nonimmigrant categories. The F-1 category includes academic students in colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, and in language training. The M-1 category includes vocational students.

Please note: If you wish to attend public high school (grades 9-12) in the United States in student (F-1) status, you must submit evidence that the local school district has been reimbursed in advance for the unsubsidized per capita cost of the education. Also, attendance at U.S. public high schools cannot exceed a total of 12 months. F-1 students are prohibited from attending public elementary schools and publicly-funded adult education programs in the United States.

How Do I Apply? You first must apply to study at a USCIS-approved school in the United States. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should give you USCIS Form I-20 A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). If you require a visa, then you should take the USCIS Form I-20 to the nearest U.S. consulate to obtain a student visa. Only bring the USCIS Form I-20 from the school you plan on attending for visa processing at the U.S. consulate. You must also prove to the consulate that you have the financial resources required for your education and stay in the United States.

When you arrive in the United States, you should receive a Form I-94 (Arrival-Departure Record) that will include your admission number to the United States. An Immigration inspector will write this admission number on your USCIS Form I-20 A-B/ ID. The Immigration Inspector will then send pages one and two of this form, known as I-20 A-B, to your school as a record of your legal admission to the United States. You are expected to keep pages three and four, known as the I-20 ID. This document is your proof that you are allowed to study in the United States as an F-1 student. You should see your designated school official (DSO) if you need a replacement copy of your I-20 ID. You should also keep safe your Form I-94, because it proves that you legally entered the United States.

You first must apply to study at a USCIS-approved school in the United States*. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should send you USCIS Form I-20 A-B/IID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). You must submit this form and a Application to Extend/Change Nonimmigrant Status to the USCIS. You must also prove that you have the financial resources required for your education and stay in the United States.

*Please be aware that if you have been admitted as a B-1 (Temporary Visitor for Business) or B-2 (Temporary Visitor for Pleasure) visa holder, you may not begin your program studies until your application for these studies is approved.

You must be a full time student in good academic standing. You must notify your current school of your intent to transfer. You must ask the school that you plan on attending to give you a new USCIS Form I-20 A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). You must complete your portion of the USCIS Form I-20 and give it to your new designated school official (DSO) within 15 days of transferring. The designated school official (DSO) should give you the last two pages, known as Form I-20 ID, and forward a copy of the first two pages, known as Form I-20 A-B, to the USCIS and your prior school.

Your spouse and children may come with you to the United States in F-2 status. They should go with you to the U.S. embassy or consulate when you apply for your student (F-1) visa. They should be prepared to prove their relationship to you. If your spouse or children are following to join you at a later date, they should provide the U.S. embassy staff with a copy of your USCIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) and proof of their relationship to you. The F-2 status of your family will be dependent upon your status as the F-1 academic student. This means that if you change your status, your family must change their status. If you lose your status, your family will also lose their status.

You may also wish to discuss employment with the designated school official (DSO) at your school. Your accompanying spouse and child may not accept employment.

Can I Travel Outside the United States?
Students may leave the United States and be readmitted after absences of five months or less. Upon your return to the United States, you should provide immigration inspectors with:

A valid passport.
A valid F-1 entry visa stamped in the passport (if necessary).
A current USCIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) signed by your appropriate school official (you should have the appropriate school official sign your USCIS Form I-20 each time you wish to temporarily travel outside the United States).
A new USCIS Form I-20 A-B/I-20 ID if there have been any substantive changes in your course of study or place of study.
Proof of your financial support.

When making your travel plans, please remember that you must be a full-time student to keep your F-1 student status. You will be considered to be "in status" if you take the annual summer vacation, as long as you are eligible and intend to register for the next school term.

How Can I Get USCIS Forms?
Your should be able to pick up immigration-related forms from your designated school official (DSO). Only your designated school official (DSO) can give you a USCIS Form I-20 (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) or a USCIS Form I-538 (Certification By Designated School Official).

How Long Can I Stay in the United States?
You are allowed to stay in the United States for as long as you are enrolled as a full-time student in an educational program and making normal progress toward completing your course of study. If approved, you also will be allowed to stay in the country up to twelve additional months beyond the completion of your studies to pursue practical training. At the end of your studies or practical training, you will be given sixty days to prepare to leave the country.

How Can I Extend My Stay as a Student in the United States?
You do not need to apply to extend your stay in the United States as long as you are maintaining your student status and making normal progress toward completing your academic course of study. The designated school official (DSO) from your school will write down a completion date on your USCIS Form I-20 A-B (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). Under normal circumstances, you should be able to complete your studies by this date. If you need to extend your stay for compelling academic or medical reasons, then you and the designated school official (DSO) should fill out USCIS Form I-538 (Certification By Designated School Official) and send it to the USCIS student data center at least 30 days before the completion date listed on USCIS Form I-20 A-B.

Will I Get a Work Permit?
You may be allowed to work on-campus or off-campus (after the completion of your first year of study) under limited circumstances.

Student Applicants (for F-1 and M-1 visas) - Overview

If you are going to the U.S. primarily for tourism, but want to take a short course of study of less than 18 hours per week, you may be able to do so on a visitor visa. You should inquire at the appropriate U.S. Embassy or Consulate. If your course of study is more than 18 hours a week, you will need a student visa. Please read this information for general information on how to apply for an F1 or M1 student visa.

In most countries, first time student visa applicants are required to appear for an in-person interview. However, each embassy and consulate sets its own interview policies and procedures regarding student visas. Students should consult Embassy web sites or call for specific application instructions.

Keep in mind that June, July, and August are the busiest months in most consular sections, and interview appointments are the most difficult to get during that period. Students need to plan ahead to avoid having to make repeat visits to the Embassy. To the extent possible, students should bring the documents suggested below, as well as any other documents that might help establish their ties to the local community.

Changes introduced shortly after September 11, 2001 involve extensive and ongoing review of visa issuing practices as they relate to our national security. It is important to apply for your visa well in advance of your travel departure date.

When Do I Need to Apply for My Student Visa?

Students are encouraged to apply for their visa early to provide ample time for visa processing. Students may apply for their visa as soon as they are prepared to do so.
The consular officer may need to get special clearances depending on the course of study and nationality of the student. This can take some additional time.
Students should note that Embassies and Consulates are able to issue your student visa 90 days or less, in advance of the course of study registration date. If you apply for your visa more than 90 days prior to your start date or registration date as provided on the Form I-20, the Embassy or Consulate will hold your application until it is able to issue the visa. Consular officials will use that extra time to accomplish any of the necessary special clearances or other processes that may be required.
Students are advised of the Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20. Please consider this date carefully when making travel plans to the U.S.
A student who wants to an earlier entry in the U.S. (more than 30 days prior to the course start date), must qualify for, and obtain a visitor visa. A prospective student notation will be shown on his/her visitor visa and the traveler will need to make the intent to study clear to the U.S. immigration inspector at port of entry. Before beginning any studies, he or she must obtain a change of classification, filing an Application for Change of Nonimmigrant Status, and also submit the required Form I-20 to the Department of Homeland Security office where the application is made. Please be aware that one may not begin studies until the change of classification is approved.

What is SEVIS and SEVP? What should you know about it?

The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security and Department of State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet, to the Department of Homeland Security and Department of State (DOS) throughout a student or exchange visitor's stay in the United States.

All student applicants must have a SEVIS generated I-20 issued by an educational institution approved by DHS, which they submit when they are applying for their student visa. The consular officer will need to verify your I-20 record electronically through the SEVIS system in order to process your student visa application. Unless otherwise exempt, participants whose SEVIS I-20 was issued on or after September 1, 2004 must pay a SEVIS I-901 Fee to the Department of Homeland Security for each individual program. The fee may be paid either through a special website, via Western Union, or by mail.

What is Needed to Apply for a Student Visa?

It is important to remember that applying early and providing the requested documents does not guarantee that the student will receive a visa. Also, because each student’s personal and academic situation is different, two students applying for same visa may be asked different questions and be required to submit different documents. For that reason, the guidelines that follow are general and can be abridged or expanded by consular officers overseas, depending on each student’s situation.

All applicants for a student visa must provide:

Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students or Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students. You will need to submit a SEVIS generated Form, I-20, which was provided to you by your school.You and your school official must sign the I-20 form. All students, as well as their spouses and dependents must be registered in the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that maintains accurate and current information on non-immigrant students and exchange visitors and their dependents (F/M-2 visa holders). Your school is responsible for entering your information for the I-20 student visa form into SEVIS. Students will also have to pay an SEVIS I-901 fee for each program of study. Questions regarding your exchange program should be directly to your program sponsor;
a completed application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. A separate form is needed for children, even if they are included in a parent's passport.
a passport valid for at least six months after your proposed date of entry into the United States;
one (1) 2x2 photograph.
an MRV fee receipt to show payment of the visa application fee, a visa issuance fee if applicable and a separate SEVIS I-901 fee receipt.While all F visa applicants must pay the MRV fee, including dependents, only the F-1 principal applicants must pay the SEVIS fee.

All applicants should be prepared to provide:

Transcripts and diplomas from previous institutions attended;
scores from standardized tests required by the educational institution such as the TOEFL, SAT, GRE, GMAT, etc.;
financial evidence that shows you or your parents who are sponsoring you have sufficient funds to cover your tuition and living expenses during the period of your intended study. For example, if you or your sponsor is a salaried employee, please bring income tax documents and original bank books and/or statements. If you or your sponsor own a business, please bring business registration, licenses, etc., and tax documents, as well as original bank books and/or statements.

Applicants with dependents must also provide:

Proof of the student’s relationship to his/her spouse and/or children (e.g., marriage and birth certificates.);
it is preferred that families apply for F-1 and F-2 visas at the same time, but if the spouse and children must apply separately at a later time, they should bring a copy of the student visa holder’s passport and visa, along with all other required documents.

What Items Does a Returning Student Need?

All applicants applying for renewals must submit:

A passport valid for at least six months;
an application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157.
a receipt for visa processing fee. A receipt showing payment of the visa application fee for each applicant, including each child listed in a parent’s passport who is also applying for a U.S. visa, is needed;
a new I-20 or an I-20 that has been endorsed on the back by a school official within the past 12 months.

All applicants applying for renewals should be prepared to submit:

A certified copy of your grades from the school in which you are enrolled;
financial documents from you or your sponsor, showing your ability to cover the cost of your schooling.

How long may I stay on my F-1 student visa?

When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:

F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.
M-1 student - An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.

As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2001, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2001 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one before being able to return to America and resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate abroad.

Public School

There are certain restrictions on attending public school in the U.S. Persons who violate these restrictions may not receive another visa for a period of five years.

The restrictions apply only to students holding F-1 visas. They do not apply to students attending public school on derivative visas, such as F-2, J-2 or H-4 visas. The restrictions also do not apply to students attending private schools on F-1 visas.

The restrictions are:

Students who attend public high schools in the U.S. are limited to twelve months of study. Public school attendance in the U.S. prior to November 30, 1996 does not count toward this limit.
F-1 visas can no longer be issued to attend public elementary or middle schools (Kindergarten - 8th grade) or publicly-funded adult education programs.
Before an F-1 visa for a public school can be issued, the student must show that the public school in the U.S. has been reimbursed for the full, unsubsidized per capita cost of the education as calculated by the school. Reimbursement may be indicated on the I-20. Consular officers may request copies of canceled checks and/or receipts confirming the payment as needed.

Restrictions on Attending Public Elementary and Secondary Schools

Congress passed a law in 1996 that placed restrictions on foreign students in U.S. public elementary (kindergarten through eighth grades) and secondary (grades nine through twelve) schools. Secondary school is also called high school. The restrictions are given below:

prohibits foreign students from attending public elementary schools or publicly-funded adult education programs
limits secondary school attendance to twelve months
requires secondary school students to pay the school the full, unsubsidized per capita cost (cost for each student) of education

Restrictions Are for F-1 Students Only

The restrictions apply to these foreign students:

foreign students in F-1 status who need an I-20 to study in the United States;
foreign students in F-1 status in public schools who leave the United States and want to return to continue their studies; and
foreign students in F-1 status who want to transfer from a private school or program into a public school or program.

The restrictions do not apply to the following foreign students:

foreign students in another visa status, such as J-2, L-1, M-2, or G-4.
foreign students in F-1 status who attend private schools or private training or language programs
foreign students in F-1 status who were attending public schools when the law came into effect (November 30, 1996)

Students Must Pay the Costs of Public Secondary School Education

Foreign students who want to attend public secondary school (high school) must pay the full, unsubsidized per capita (for each student) cost of education. This amount is listed under the item called "tuition" in the I-20. The full, unsubsidized per capita (for each student) cost of education is the cost of providing education to each student in the school district where the public school is located. Costs normally range between $3000 and $10,000.

Frequently Asked Questions

Can our school waive the tuition requirement for a deserving F-1 foreign high school student?

No. The law does not allow a foreign student in F-1 status to attend public secondary school without paying tuition. The student must pay the full, unsubsidized per capita (for each student) cost of education in all cases.

Does the Section 625 of the law affect all foreign students?

No. The law affects only students in F-1 status, or applicants for F-1 visas, who plan to attend public schools or publicly funded adult education. The law does not affect other foreign students, such as children of exchange visitors, diplomats or foreign workers.

How does the law affect F-1 students in private schools?

Foreign students who attend private schools or privately funded adult education or language programs are not affected by the law. However, if a private school student wants to transfer to a public school or a publicly funded adult education or language program, he or she must follow the requirements of Section 625 of the law.

Will F-1 students who are already attending public schools have to leave?

The law applies to students who get visas to become F-1 students on or after November 30, 1996. Students in public schools before that date may continue in school. However, if they travel outside the United States, they must follow the requirements of the law to return as F-1 students.

Can our adult education program continue issuing I-20s if we charge full tuition?

The law prohibits the issuance of F-1 visas to attend publicly funded adult education programs. Publicly funded adult education is defined as:

"education, training or English as second language programs operated by, through, or for a local public school district, system, agency or authority, regardless of whether such a program charges fees or tuition."

Programs under this definition can not accept students in F-1 status, even if tuition is charged.

If a foreign student attended public school before the law, does that time count against his or her 12-month limit?

No. Only attendance in a public secondary school after November 30, 1996 counts toward the 12 month limit. Only attendance when the student was in F-1 status is counted. If the student attends school in another visa category, such as A-1, F-2, J-2 or L-2, this period of time is not counted.

Can organizations or individuals sponsor an F-1 foreign student to attend public secondary school?

Yes. Nothing in the law prevents an organization or individual from paying the tuition costs for the student. However, the payment cannot come from public funds. The foreign student must still show that he or she has sufficient funds to cover education and living expenses while in the United States.

What about students who come here to live with U.S. citizen relatives while attending public school?

Does the student need a student visa to study at your school? If so, the student must meet the requirements of the law. Someone must pay the tuition costs to the school or school district. The child is limited to twelve months of study in secondary school (high school). The child may not study in elementary school.

How to Calculate the Cost of Education under Section 625.

What is the "full, unsubsidized per capita (per student) cost of providing education?"

Each Local Educational Agency (LEA or school/school district) decides the "full, unsubsidized per capita (per student) cost of providing education." Each LEA decides according to the policy of the State where it exists. The following are two methods that may be used to estimate the full, unsubsidized per capita cost of education.

Dividing the total of all public expenditures of the school or school district by the number of students in the school or school district.Using existing tuition charges for out of district students. Suppose the school (LEA) has a tuition charge for students attending public secondary schools in a district outside of the district where the student lives. The school may use this amount for deciding the cost for each student IF the LEA believes that the tuition covers the full cost for each student for the school). If the tuition charge does not cover all public expenditures, it must be adjusted for the F-1 student.

What does "unsubsidized" cost mean?

The unsubsidized cost is the LEA's total expenditure for each student. It does not include fees and charges to the individual student. It includes expenditures from all public revenue sources, including local, state and federal funds. It includes all operating and capital expenditures such as expenditures for instruction, support services, equipment, facilities and construction, from all public revenue sources.

Does a district with students from kindergarten through twelfth grade (K-12) need to calculate a separate cost for each secondary student?

No. A school district with K-12 students may use the general cost for each student. It does not need to calculate a separate cost for each secondary student. A school district may also choose to calculate costs for an individual school.

Does a school calculate the cost for each student on the basis of full attendance or average daily attendance?

The LEA or school calculates the cost for each student according the state law and policy. It uses the same method that it uses for deciding the cost for each student or non-resident tuition for students from other school districts.