J1, F1 Student Visas

J-1 Student Visa

J-1 student visas are for people who want to participate in an exchange visitor program, (more informally known as an "internship program") in the US. The J-1 visa is intended for students needing practical training that is not available in their home country to complete their academic program. The training must be directly related to the academic program.

The J-1 visa usually requires a person to return to their home country (the "two-year foreign residence requirement") after the end of their studies in the US before being eligible to apply for most other visa types, such as an immigrant (permanent residence) visa. Skilled attorneys can often find ways to avoid this requirement or to obtain a waiver, but it something that must be done carefully and without mistakes.

Persons attending academic programs in the US under J-1 visas are eligible to perform some work, or to be otherwise compensated, under very similar conditions to students with F-1 visas.

However, most non-U.S. citizens who wish to study in the United States will seek an F-1 student visa. This visa is the most common for those who wish to engage in academic studies in the United States and is intended for people who want to study at an accredited US college or university.

The F-1 student visa

If you are interested in studying in the US at an accredited college or university, you will probably need an F-1 student visa. The J-1 visa (for exchange visitors participating in a program approved by the State Department) is also sometimes available for students.

Starting the F-1 visa process

Select a school that accepts international students and submit your application. The school must be accepted by the USCIS to sponsor foreign students.

When the school receives and accepts your application, it inputs information about you to the Student and Exchange Visitor Information System (SEVIS). The school will then send you an I-20 form, which you will need in order to obtain your visa.

Getting your F-1 student visa

To obtain your visa, you will have to go to the nearest US consulate. You will have to show the I-20, your passport, pay the necessary visa fee, submit form OF-156 Application for a Nonimmigrant Visa, and show evidence of financial support. Please note that you must be able to prove to the Consular Officer that you have strong ties to your home country. In general, it is a good idea to be very organized for this meeting (you are, after all, going to study – try to look like a good student!). If you are turned down, ask the consular officer how you can apply again. If approved, the consular section will enter into SEVIS that your visa has been issued.

Entering the US

You must enter the USA by or before the report date on the I-20. You may not enter the United States more than 30 days before the beginning of your study program. At the port of entry, you may have to show your passport, visa, evidence of support and the I-20. The officer at the port of entry will enter into SEVIS that you have arrived.

The visa is normally valid for the entire length of study, plus 30 days after the program ends. The length of time you are permitted to stay will be determined by the official at the Port of Entry. The length you are permitted to stay will be recorded on your I-94, Record of Arrival-Departure, which should be kept in your passport.

Working on an F-1 visa

F-1 visa holders may work on campus (i.e. within the university) for up to 20 hours per week if they are in good academic standing, maintain full-time study, and do not displace a US resident. Students may work full-time between semesters and during the annual summer vacation if they enroll for the following term. After completing their studies, however, they may not be employed on-campus unless authorized for practical training.

Off-campus work requires approval from USCIS and is possible only after the first full year of study. Unless this permit has been granted by USCIS, it is illegal for a student with an F-1 visa to accept off-campus employment. If employment permission is granted, the student still must maintain full-time study while working up to 20 hours a week while courses are in session and 40 hours a week during the summer and between semesters.

Sometimes, however, things don't go as planned. If you can prove that you are suffering a severe economic hardship caused by circumstances beyond your control, you may be able to get special USCIS working permission. Examples include loss of financial aid or on campus employment without fault on the part of the student, a severe devaluation in the currency of your home country, or medical bills.

You must further show that there is no suitable on-campus employment for you. You must have completed a full year of academic study and must be in good academic standing. You will also have to obtain a recommendation from your student officer. If granted work permission, you will be allowed to work up to 20 hours per week while school is in session and up to 40 hours per week during breaks.