Student Guide to Immigration
If you are an international student looking to further your studies in the U.S. this guide will help you understand the basics of U.S. immigration to better prepare you for your journey. We will cover the most important topics, such as types of visas, maintaining your status, and working while studying.
Types of Visas
F-1 Visa
The F-1 visa is for students who want to study at a college, university, high school, or language school in the U.S. It is the most common type of student visa. To get an F-1 visa, you must:
- Be accepted into a U.S. school.
- Provide evidence you can financially support yourself.
- Show you intend to return to your home country after studying.
J-1 Visa
The J-1 visa is intended for individuals participating in U.S. Department of State-approved educational and cultural exchange programs. It includes categories such as high school and university students, trainees, research scholars, and professionals in internships. The visa's primary goal is to foster mutual understanding between the U.S. and other countries by offering participants opportunities for academic and cultural enrichment. Sponsored by accredited programs, J-1 visa holders gain valuable skills and experiences, with the expectation that they will return to their home country to apply their knowledge and contribute to their communities.
To be eligible for the J-1 visa, you must:
- Be accepted into an exchange program.
- Prove you have the financial means to support yourself.
- Have a sponsor for your exchange program.
M-1 Visa
The M-1 visa is for students in vocational or technical schools. These are programs that teach specific skills, like cooking or auto repair. To get an M-1 visa, you must:
- Be accepted into a vocational school.
- Prove you have enough money to support yourself.
- Show you intend to return to your home country after studying.
What is the F-1 Visa Process for International Students?
The F-1 visa process involves several steps:
- Acceptance: Get accepted into a SEVP-approved U.S. school.
- Form I-20: Receive the Form I-20 from your school.
- SEVIS Fee: Pay the SEVIS fee.
- DS-160 Form: Complete the DS-160 online visa application form.
- Visa Interview: Schedule and attend an interview at a U.S. embassy or consulate.
Maintaining Your Status
Once you have your visa, you must follow certain rules to stay in the U.S. legally. These rules include:
Attend School: You must be a full-time student. This means taking a certain number of classes each semester.
Keep Your Records Up to Date: Make sure your address, school, and other important information are always current with the U.S. government.
Follow the Rules: Do not break any U.S. laws, and follow the rules of your specific visa.
Green Card Application: It is possible to apply for a green card while on an F-1 student visa, but the process can be complex due to the difference in intent between the two statuses. The F-1 visa is a nonimmigrant visa, meaning it requires you to have the intent to return to your home country after your studies. A green card application, on the other hand, shows immigrant intent, meaning you wish to remain in the U.S. permanently. It is important to be cautious, as filing for a green card while on an F-1 visa can affect your nonimmigrant status. Consulting an immigration lawyer to navigate the process is recommended.
Working While Studying
International students can work while they study, but guidelines will differ depending on the type of job.
On-Campus Jobs: F-1 students can work on their school's campus for up to 20 hours per week during the school year, and full-time during school breaks.
Off-Campus Jobs: F-1 students can work off-campus only with permission from the U.S. government. This is usually allowed in cases of economic hardship or if the job is related to your field of study.
Curricular Practical Training (CPT): This allows F-1 students to work in internships or training programs related to their field of study. CPT is a an option for students who want to complement their studies with practical training.
Optional Practical Training (OPT): This allows F-1 students to work in their field of study for up to 12 months after graduation. Those with STEM (Science, Technology, Engineering, and Math) degrees can apply for STEM OPT allowing them to work in the U.S. for an additional 24 months.
Travel
If you want to travel outside the U.S. while studying, make sure your visa and passport are valid. Also, you must get a travel signature from your school official on your Form I-20 (for F-1 students) or Form DS-2019 (for J-1 students). This signature shows you are a current student in good standing.
Post-OPT Visa Options
After completing Optional Practical Training (OPT), many international students want to continue working in the U.S. There are many visa options but here are a few common visa pathways:
H-1B Visa
The H-1B visa is for workers in specialty occupations. These are jobs that require a high level of expertise and a bachelor's degree or higher. Here are some key points about the H-1B visa:
Employer Sponsorship: You must have a job offer from a U.S. employer who will sponsor your visa.
Cap on Visas: There is a limit to the number of H-1B visas given out each year. This is called the H-1B cap. The regular cap is 65,000 visas, with an additional 20,000 visas for those with a master’s degree or higher from a U.S. institution.
Duration: The H-1B visa is initially granted for up to three years and can be extended for a total of six years.
Application Period: Employers can start applying for H-1B visas on April 1st each year. It is important to apply early due to the cap.
O-1 Visa
The O-1 visa is for individuals with extraordinary ability or achievement in their field. This can include the sciences, arts, education, business, or athletics. Here are some key points about the O-1 visa:
Extraordinary Ability: You must prove that you have extraordinary ability by showing a high level of achievement, such as awards, published work, or a high salary.
Employer Sponsorship: You must have a job offer from a U.S. employer who will sponsor your visa.
Duration: The O-1 visa is initially granted for up to three years, with the possibility of extensions as long as you continue to work in your area of extraordinary ability.
No Cap: Unlike the H-1B visa, there is no limit to the number of O-1 visas given out each year.
Transitioning from OPT
When transitioning from OPT to an H-1B or O-1 visa, timing is important:
H-1B Cap-Gap: If your OPT ends before your H-1B visa starts, you might be eligible for a cap-gap extension. This allows you to keep working until your H-1B visa begins.
Maintain Your Status: Make sure there is no gap in your legal status. Plan ahead and apply for your new visa before your OPT expires.
FAQ
What Should I Do If My Visa Expires While Studying?
If your visa expires while you are in the U.S., you can stay as long as your I-20 form is valid and you maintain your student status. If you leave the U.S., you must apply for a new visa to re-enter.
As an international student, Where Can I Get Help with Visa Issues?
International Student Office: Contact your school's international student office.
Immigration Lawyer: Seek advice from an immigration lawyer for complex cases and legal guidance.
What is the Cap-Gap Extension for H-1B Visas?
The cap-gap extension is a provision designed to bridge the period between the expiration of an F-1 student’s Optional Practical Training (OPT) and the start of their H-1B status. It applies to F-1 students who have a pending or approved H-1B petition and whose OPT would otherwise expire before the H-1B takes effect on October 1st, which is the start of the federal fiscal year.
Without the cap-gap extension, many students would face a gap in employment authorization between the time their OPT ends and the beginning of their H-1B status, potentially forcing them to stop working or even leave the U.S. temporarily. The cap-gap automatically extends both the student’s F-1 status and employment authorization, allowing them to continue working legally until their H-1B petition is approved and goes into effect.
Eligibility for the cap-gap extension occurs when an employer submits an H-1B petition on behalf of the student while their OPT is still valid. The extension lasts until October 1st, or until the H-1B petition is denied or withdrawn, at which point the student would need to stop working and either depart the U.S. or explore other visa options. This provision is particularly beneficial for students seeking to maintain continuous employment while transitioning from an F-1 visa to H-1B status.