Persons wishing to pursue academic studies and/or language
training programs study in the United States are granted either
the “F” or the “M” visa category. We
will discuss the F visa in this issue of Migyul since most people
from the Himalayan region enter the United States on this particular
type of student’s visa.
Foreign students seeking to study in the U.S. in the F-1 category
must meet the following criteria:
- The student must be enrolled in an “academic”
educational pro gram;
- The school must be approved by the U.S. Citizenship and
Immigration Services (USCIS).
Please note that the USCIS was earlier also known as the Immigration
and Nationalization Service (INS) and the Bureau of Citizenship
& Immigration Services (BCIS — http://uscis.gov/);
- The student must be enrolled as a full-time student at the
institu tion;
- The student must be proficient in English (determined by
exams such as TOEFL) or be enrolled in courses leading to
English proficiency;
- The student must have sufficient funds available for self-support
during the entire proposed course of study (determined by
showing at minimum sufficient funds to pay the first year’s
tuition fees and living expenses); and
- The student must maintain a residence abroad which he/she
has no intention of giving up (determined by documenting property
or business ownership in stu dent’s home country).
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Any foreign student found to be in violation of the above
rule will be jeopardizing his immigration status in the
United States. |
Most foreign students feel the need to find employment while
studying to meet the high cost of living in the United States.
However, a foreign student studying on the F-1 visa category
is permitted to work only part time on-campus. On-campus employment
means the work must be performed on the school’s premises,
or at an off-campus location which is educationally affiliated
with the school. Employment must not exceed 20 hours a week
while school is in session. An F-1 student may, however, work
on campus full-time when school is not in session or during
vacations. Any foreign student found to be in violation of the
above rule will be jeopardizing his immigration status in the
United States.
An F-1 student may be authorized to work off-campus on a part-time
basis (meaning the foreign student cannot work for more than
twenty hours a week when school is in session) after having
been in F-1 status for one full academic year provided that
the student is in good academic standing. A student who is granted
off-campus employment authorization may work full-time during
holidays or school vacation. The employment authorization is
automatically terminated whenever the student fails to maintain
status.
If other employment opportunities are not available or are
otherwise insufficient, an eligible F-1 student may request
off-campus employment work authorization based upon 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.
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A question that arises most often in the minds of foreign
students — what valid immigration status should they
maintain after they have completed their academic programs
in the United States? |
A question that arises most often in the minds of foreign students
— what valid immigration status should they maintain after
they have completed their academic programs in the United States?
Upon graduation from their respective academic programs in
the United States, foreign students can apply for something
called the Optional Practical Training provided:
- the F-1 student has been lawfully enrolled on a full time
basis, in a USCIS approved college or university for one full
academic year and
- is applying for practical training in a position that is
directly related to his or her major area of study.
A foreign student may be authorized 12 months of practical
training. Students in English language training programs are
ineligible for practical training.
The eligible candidate can apply to the USCIS for Employment
Authorization to start working after graduation. It is suggested
that the foreign students start applying 3 to 4 months prior
to graduation. This is because a foreign student is not permitted
to work before the start date of employment as given on his
Employment Authorization Card (EAD).
Upon approval, the students can start working full time (meaning
minimum 40 hours a week). Foreign students using their Optional
Practical Training (OPT) period are considered to be on valid
F1 status. For any travel out of the United States while on
the OPT period is advised only after getting the Form I-20 (SEVIS)
endorsed (signed) by the International Students Advisor or authorized
official of the respective college/university.
Another important point, if you file tax returns in the United
States as a foreign student on OPT period then do not forget
to ask your tax consultant or the person preparing your tax
returns whether there is any IRS provision by which you can
be exempted from paying certain taxes or if there are chances
of getting a tax refund by virtue of your having filed taxes
in the United States as a non-resident. Most students working
on OPT are not required to pay social security.
If you have any further questions on the F-1 student’s
visa category please feel free to contact migyul@yahoo.com.
We will answer all your questions ASAP.
