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NON-IMMIGRANT VISAS

Student Visas


A student wishing to attend a university or other academic institution in the United States requires a student F-1 visa; those wishing to attend a vocational or non-academic institution require a M-1 visa. Holders of visitor B-2 visas and those who have entered the United States visa free under the Visa Waiver Program are prohibited from entering into full-time study.

ACADEMIC (F-1) VISA

A student wishing to attend a university or other academic institution in the United States, including primary and secondary schools, or a language-training program requires an F-1 visa. Section 214(l) of the Immigration and Nationality Act (INA), prohibits the issuance of F-1 visas to students who are going to the United States to attend public elementary schools (grades K through 8, approximately ages 5 to 14) and publicly funded adult education programs such as foreign language classes. Students applying for F-1 visas to attend public secondary schools (grades 9 through 12, approximately ages 14 to 18) are limited to a maximum of 12 months of public high school in F-1 status and must show proof that payment has been made for the full, unsubsidized cost of the education before a visa can be processed. Students attending private elementary and secondary schools are not affected by this ruling. To learn how to apply for this visa.

NONACADEMIC (M-1) VISA

A student wishing to pursue a course of study which is not principally academic in nature at an established vocational or other recognized nonacademic institution, such as a post secondary vocational or business school, requires an M-1 visa. To learn how to apply for this visa.

WORK

It is possible in certain limited circumstances for the holder of an F-1 visa to obtain permission to work in the United States. Holders of M-1 visas may only engage in employment if it is a required part of their practical training and if the employment has been approved in advance. The spouse and/or children of the holder of an F-1 or M-1 visa may not work on derivative F-2 and M-2 visas; they may, however, study at an academic institution. To learn how to apply for this visa.

ENTRY & LENGTH OF STAY

The holder of a student F-1 or M-1 visa may enter the United States up to 30 days before the designated registration date on the I-20A-B or I-20M. The 30-day limitation does not apply to students returning to resume studies; they may enter the U.S. at any time. The holder of an F-1 visa may remain in the United States for up to 60 days following the completion of the educational course on the I-20A-B. The holder of an M-1 visa may remain in the United States for the period of time it will take to complete the course of study as indicated on the I-20M plus 30 days, or for one year, whichever is less.

SPOUSES, CHILDREN & PARTNERS

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay apply for derivative F-2 or M-2 visas. The application procedure is the same; separate forms I-20A-B or M-N will be required for each applicant. If applying at a later date, a copy of the principal's visa must also be furnished with the application.

Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor B-2 visas, or if qualified, travel visa free under the Visa Waiver Program.

Partners and common-law spouses should follow this link for further information.

F-2/M-2 VERSUS F-1

The spouse and/or children of an F-1 or M-1 visa holder may study on an F-2 or M-2 visa. However, if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

WORKING ON AN F-2/M-2 VISA

The holder of a derivative F-2 or M-2 visa may not work. If he or she is seeking employment, the appropriate work visa is required.

I WANT TO STUDY IN THE UNITED STATES, WHAT DO I DO NEXT?

You need to apply for admission to a school or academic institution.  Upon acceptance into the program, the institution will provide you with the Form I-20A-B Certificate of Eligibility for Nonimmigrant F-1 Student Status - For Academic or Language Students or I-20M-N, Certificate of Eligibility for Nonimmigrant M-1 Student Status Form. Schools and institutions that have received United States government approval to enroll foreign students have the authority to issue these forms. The I-20A-B or I-20M-N is not valid for travel unless accompanied by a valid visa. To apply for an F or M visa.

PLEASE NOTE

No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.

DO YOU HAVE A VALID F-1/M-1 VISA?

If you have a valid F-1 or M-1 visa you may continue to use it provided you arrive in the United States before the expiration date on your visa and you carry with you a valid I-20A-B, Certificate of Eligibility for Nonimmigrant Student status from an educational institution.

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— ADDITIONAL INFO —

For additional information for all Foreign Visitors:
http://travel.state.gov.
Visa wait time information page
Department of Homeland Security
Internal Revenue Service
U.S. Customs Service

 



updated: 07/11/08


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