The F1 visa is known as a U.S. student visa, it is a very attractive option to many wishing to attend school in the United States. With the F1 visa, one can live & study in the U.S. Here we will explore some essential rules regarding the F1 visa. If you have any questions, feel free to request a free consultation with immigration law firms in houston let’s talk.
The process of obtaining an F1 visa are relatively simple; once admitted to a college, and having proven that you will be able to support yourself and satisfy various requirements, the school will issue the prospective student a form I-20, Certificate of Eligibility for non-immigrant Student Status. Once in possession of the form I-20, the foreign student may apply for the F1 visa, on form DS-160, found on the U.S. Department of State’s website, and be issued an F1 visa to commence studies.
Inferring, you already have an F1 visa, and living in the United States, you may be wondering what the rules are in respect to your status. Student status does not permit you to live in the United States as a U.S. citizen or Lawful Permanent Resident. There are restrictions to F1 student status that all F1 visa holders should be aware of while in the U.S. to study.
Do Not Work Without Work Authorization
An F1 status holder do not work without authorization. It does not mean it is impossible for F1 students to seek employment authorization while in F1 status, and we will discuss it now. However, working without authorization from your school is a violation of your student status, and is something that is taken very seriously by the United States Citizenship and Immigration Services (USCIS) and by Immigration and Customs Enforcement (ICE). Even if the work you are considering is something as minor as babysitting, or other jobs. Consider carefully the consequences to your student status.
While the above restrictions may seem strict, the list of do’s for F1 status are comparably pleasant! You should take full advantage of your student status. Preventing the restrictions around induce activities and work in many ways F1 visa holders can live in the United States. Use your time as a student to get a educated, make friends, and enjoy school! abogados de inmigracion en houston tx is here for all your immigration needs.
Work Authorization
With respect to work authorization, some students may apply to Designated School Official (DSO) of their school for a grant of Curricular Practical Training while in school. Curricular Practical Training is generally granted due to extreme financial hardship, or for summer internship programs relevant to your program of study. Not all students are eligible for Curricular Practical Training. However, grants of it are entirely at the discretion of your school’s DSO.
Therefore, most F1 students (with limited exceptions) are eligible following their graduation for Optional Practical Training (OPT), a straightforward one-year process by which you apply to the United States Citizenship and Immigration Services for an Employment Authorization Document (EAD) card. The application is filed on form I-765, and as mentioned, entitles the graduate to one year of work authorization. During this time, the foreign student may work for any employer, provided you notified the school’s DSO. You should note that the one-year of employment is generally limited to one year, except if your field of study was a STEM field. STEM field students may apply for an additional two years of work authorization following the expiration of their one-year OPT, that is if they have an employer with whom they are working.
Maintain Your Status
The most essential rule of F1 status, naturally, is the maintenance of one’s F1 status. It means that you must attend to your classes, achieve passing grades in all of your classes, and abide by the regulation of your school.
As an F1 student’s status depends on their staying in school, students should follow all campus rules. An F1 student who breaks campus rules, such as underage drinking, use of drugs, or any other kind of evoke activity, could found to be in violation of their F1 status, and face potential revocation of their status. F1 students should exercise caution around any activities that could result in immigration complications down the line.
Duration of Status
F1 visa holders admitted to the United States is under what is called Duration of Status. Unlike most employment-based visas, Duration of Status is not an expiration, meaning there is no date provided by which the foreign national must either extend or depart the United States.
Instead, F1 visa holders admitted under Duration of Status, that maintain their status, are lawfully present in the U.S as long as they abide by the terms of their F1 visa, even if you change programs or go on to higher education.
H1B & Other Options Work Authorization
During the initial one year of OPT, F1 students may broach the subject of longer term sponsorship with their employers. It often takes the form of entry into the H1B visa lottery, which is run in March of every given fiscal year.
Other long term options are available to foreign students on a limited basis following the expiration of their OPT. Citizens of Canada, Mexico, Australia, Chile and Singapore are eligible for special visa status based upon their nationality. Qualifying journalists and reporters may apply for a specialty media related visa called the I visa, provided all requirements are present. More, entrepreneurs who want to start their own businesses may qualify for a grant of E-2 Treaty Investor status. The regulations surrounding these alternative visa categories are complex, and you should not start the process without the help of an attorney. See investment immigration usa to learn more.
Note: There is no guarantee of selection in the lottery, and if you are not selected, you may run the risk of not having work authorization in the United States again.