This message
explains how an F-1 or M-1 student can apply for an extension
of their student status while in the United states. An F-1
student is admitted to the United States for "Duration
of Status" (which is noted as "D" slash "S" on
their Form I-94, "Arrival-Departure Record", instead
of a specific expiration date) to complete an educational program,
plus any authorized practical training following completion
of their studies, plus sixty day grace period to prepare for
departure from the United States.
An F-1 student
is eligible for program extension if he or she has "continually
maintained status" and delay in completion is "caused
by compelling academic or medical reasons, such as changes
of major or research topic, unexpected research problems, or
documented illnesses."
To apply
for an extension an F-1 student must submit completed Forms
I-20A-B and I-538 to their designated student official within
a 30-day period before the expected completion date noted on
the initial Form I-20A-B.
The program-extension
process does not require an INS adjudication or a formal authorization
of extension of stay. It is a process whereby the designated
student official verifies eligibility criteria and notifies
the INS Data Processing Center of a student's new expected
completion date. This information is used to update INS's student
database.
A M-1 student
must keep valid his or her permission to stay in the United
States, as noted on the Form I-201D. Extension of stay for
M-1 students is processed by submitting Form I-539 with the
required filing fee.
Send the
student's Form I-201D, the Form I-20M-N (if applicable), and
the Form I-94 of dependents (if any) to the INS office having
jurisdiction over the student's current school not less than
15 or more than 60 days before the student's authorized stay
expires.
The student
should not send his Form I-94 or passport to INS. While the
application for extension of stay is pending, the M-1 student
is considered to be legally in the United States as long as
the student has met and continues to meet all the requirements
for maintaining his or her status.
Permission
for Foreign Students to Work
This message
explains how foreign nationals on F-1 or M-1 student visas
may apply for permission to work. There are only certain types
of employment legally available to F-1 or M-1 students in the
United States.
M-1 students
may not work, except for practical training, for which approval
from INS is required. F-1 students, on the other hand, may
accept practical training employment or off-campus part-time
employment after having been in status for nine months. F-1
students must apply for INS approval for off-campus employment
and practical training after graduation. Note that F-1 students
may accept on-campus or curricular practical training when
authorized by the designated school official.
These rules
are strict because F-1 or M-1 visas are not initially approved
without proof that the potential student can provide for themselves
and their education without needing to work while in this country.
Please note that the law bars any F-1 student from any type
of off-campus employment during their first 9 months as a foreign
student in the United States.
Both the
F-1 and the M-1 students must use recommendations by the designated
school official on Form I-201D, along with Form I-765, "Application
for Employment Authorization," to apply for employment
authorization from the INS. The instructions on the Form I-765
should answer any of your questions about the student employment,
and filing fees required, and where to file the application.
Please remember
that it is important that you are barred from accepting any
off-campus or practical training employment unless and until
you receive authorization by the designated school official
on your I-201D or a Form I-688B from INS. If you are found
working without permission, you are subject to deportation.
Visa to
Study or Do Research in the U.S.
Foreign students
can study in the US under F-1 student visas or J-1, exchange
visitor visas. The applicant must be accepted by a school or
institution approved by the INS to issue I-20 forms, or by
the US Information Agency to issue IAP-66 forms. You can find
out from the school or institution whether it has the necessary
approval.
The school
or institution will send the I-20 or the IAP-66 form directly
to the student or exchange visitor. The student or exchange
visitor can apply for the visa at the nearest embassy or consulate.
To apply,
he or she must present a valid passport, one recent 1.5 inch
square photograph, the I-20 or the IAP- 66, and a completed
application form. The application form may be obtained from
the embassy or consulate.
The applicant
must also present evidence that all expenses can be paid. In
addition, he or she must show serious intent to study or do
research and that he or she has strong and binding ties that
will compel departure from the US after the study or exchange
visitor program has been completed.
The applicant
must also have enough knowledge of English to be able to study
here, or proof that English language training here has been
arranged.
A student's
or exchange visitor's spouse and unmarried children under the
age of 21, also can apply for visas to come with him or her.
If you are
in the US on a student or exchange visitor visa and wish to
change school or institution, or obtain work permission , you
must contact your foreign student advisor, responsible officer,
or your local immigration service.
If your visa
has expired and you need a new one to travel outside the US
and return, you should apply for the visa at an American Embassy
or Consulate while overseas.
The Department
of State does not issue or renew student or exchange visitor
visas in the US.
Visas for
the Spouse and Dependent Children of Foreign Students
Note that
if there has been any major change in the information on your
I-20A-B or I-20M-N, a new form will need to be obtained and
submitted by the foreign student.
When the
family members enter the United States, they will present their
passport and form I-20A-B or I-20M-N to the immigration inspector.
The inspector will issue each person a form I-94, Arrival-Departure
Record, which notes the authorized period of stay. This period
of stay will match that of the foreign student. Please note
that F-2 or M-2 visa holders are barred from accepting employment
or engaging in business under any circumstances while in the
United States. To do so will subject the individual to deportation.
The American
consulate in your native country would determine whether the
above requirements are met and qualifies as a spouse or dependent
child for an F-2 or M-2 visa. In addition, form I-20A-B or
I-20M-N from the school which the foreign student is either
going to attend or is currently attending must be submitted
to the American consular officer in order to support the application
for the F-2 or M-2 visas.
If the spouse
and or dependent child are going to accompany the foreign student
to the United States, the foreign students' form I-20A-B or
I-20M-n may be used as the basis to request the F-2 or M-2
visas.
If the spouse
and or dependent child are joining the student later, they
will need to submit to the United States consular officer a
properly endorsed form I-20A-B or I-20M-N from the school the
foreign student is attending.
For a spouse
and/or dependent children to enter the United States with an
F-1 or M-1 student, or to join them later, the spouse and/or
dependant children must meet certain requirements. These requirements
are:
1. They each
must hold a valid passport, unless they are citizens of Canada
or exempt from passport requirements;
2. They must
prove they have sufficient funds to meet all their expenses
while in the United States;
3. They must
agree to depart the United States upon the termination of the
foreign student's F-1 or M-1 visa.
School Transfers
for F-1 Students
If you are
currently an F-1 student who has been pursuing a full course
of study at a school which INS has authorized you to attend
you may transfer to another school or continue in the same
program or major at a different school.
To be eligible
you must be a bona fide student wishing to transfer to another
school to complete an academic educational program. For example,
from a high school program to a college program, or from one
degree program to another, or from one college to another.
In order to transfer from one school to another you must follow
some simple procedures.
An F-1 student
who is maintaining status may transfer to a different school
through a notification procedure. There is no need to ask INS
for permission to transfer schools.
To transfer
schools an F-1 student must first notify the school he or she
is attending of the intent to transfer, then obtain a Form
I-20A-B from the school to which he or she intends to transfer.
The transfer will be effected only if the F-1 student completes
the student certification portion of the Form I-20AB and returns
the form to a designated school official on campus within 15
days of beginning attendance at the new school. Upon receipt
of the student's form I-20AB, the school official must:
1. Note "Transfer
Completed on (Date)" on the student's I-20ID in the space
provided for the designated school official's remarks, thereby
acknowledging the student's attendance;
2. Return
the I-20ID to the student;
3. Submit
the I-20 school copy to the service's data processing center
within 30 days of receipt from the student; and
4. Forward
a photo-copy of the form I-20AB to the school from which the
student transferred. However, an F-1 student who is not enrolled
as a full-time student at the school he or she was last authorized
to attend is ineligible for school transfer. Such a student
must apply to the INS district office for reinstatement to
F-1 student status on Form I-539, "Application to Extend
Time of Temporary Stay", accompanied by a Form I-20AB
from the new school.
A fee is
required for the processing of the application for reinstatement.
If permission
to transfer is denied, INS will specify a date by which you
must depart the United States. If you transfer schools without
first seeking permission from INS, you will then become subject
to deportation.
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