F-1 non-immigrants, as defined in the immigration laws, are foreign students pursuing a full course of study in approved colleges, universities, seminaries, conservatories, academia high schools, private elementary schools, other academic institutions, and in language training programs in the United States.
An F-1 visa is a non-immigrant visa issued by a United States Consulate abroad to an alien who is coming to the United States to pursue full-time studies in a US academic institution. Generally, the US consular officer has the total discretion to grant the visa or not.
An F-1status is a nonimmigrant status issued by the USCIS (formerly INS) to the alien student who is pursuing studies in the US. To obtain the F-1 status, an alien who is outside the US needs to apply for an F-1 visa first at a local US Consulate abroad. On the day that s/he is admitted into the US on an approved F-1 visa, s/he becomes an F-1 status holder. For those who are already in the United States in an another nonimmigrant status, such as B-1/B-2, H-1..., they may apply to change to F-1 status in the US or outside the U.S. through Third Country Visa processing.
SEVIS
"Retention and Reporting of Information for F, J and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)" became effective on January 1, 2003. This rule amends the regulations governing the retention and reporting of information regarding F, J, and M nonimmigrants. This rule also implements the Student and Exchange Visitors Information System (SEVIS), establishing a process for electronic reporting by designated school officials (DSO) of information required to be reported.
After February 15, 2003, the use of the Student and Exchange Visitor Information System (SEVIS) will become mandatory for the issuance of any new Form I-20. A student or dependent who presents a non-SEVIS Form I-20 issued after February 15, 2003, will not be accepted for admission to the United States. Non-SEVIS Forms I-20 issued prior to January 30, 2003, will continue to be acceptable until August 1, 2003.
However, schools must issue a SEVIS Form I-20 to any current student requiring a reportable action (e.g., extension of status, practical training, and requests for employment authorization) or a new Form I- 20, or for any aliens who must obtain a new nonimmigrant student visa. As of August 1, 2003, the records of all current or continuing students must be entered in SEVIS.
A school that has implemented SEVIS may be called a SEVIS school; compared with a Non-SEVIS school that has not yet implemented SEVIS.
Application for an F-1 Visa
An alien who is going to pursue full-time academic studies in a college, university, seminary, conservatory, academic high school, private elementary schools, other academic institution, or language-training program in the U.S. can apply for an F-1 visa with a U.S. consulate abroad.
In accordance with "Retention and Reporting of Information for F, J and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)", effective on January 1, 2003, an alien student may take the following steps to obtain an F-1 Visa:
Admission to an approved school: An alien first must apply to study at an approved school in the United States. When an alien contacts a school that he is interested in attending, usually, he will be told immediately if the school accepts foreign national students. In order to apply for an F-1 visa, the alien must be admitted by an approved school.
If the alien is admitted, the school will issue him a SEVIS Form I-20.
The next thing for the alien to do is to take the SEVIS Form I-20 to the appropriate U.S. Embassy or Consulate with jurisdiction over his place of permanent residence to apply for a student visa (F-1 visa). The alien student must satisfy two criteria: (a) He must prove that he has no immigration intent and his travel to the U.S. is purely for studies; and (b) he must also prove to the visa officer that he has the financial resources required for his education and stay in the United States. Proof of English proficiency may also be required.
The documents and information needed to apply for an F-1 visa are:
An application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. A separate form is needed for children, even if they are included in a parent's passport. Blank forms are available without charge at all U.S. consular offices and on the Visa Services website under Visa Application Forms.
A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;
One passport photograph;
A SEVIS Form I-20;
Evidence of sufficient funds;
A nonrefundable US$100 application fee; and
Documentation showing financial resources.
Gaining F-1 status after obtaining an F-1 visa
F-1 status is a nonimmigrant status issued by the USCIS (formerly known as the INS) to the alien student who is pursuing studies in the U.S. An alien student may obtain a valid F-1 status by applying for admission into the U.S. with a valid F-1 visa at the port of entry.
When an alien student holding an F-1 visa arrives at the U.S. border, he or she shall present the F-1 visa, as well as a SEVIS Form I-20 to an immigration officer. The student shall also present documentary evidence of financial support in the amount indicated on the SEVIS Form I-20.
If the immigration officer at the border admits the alien student, the alien student will receive a Form I-94 (Arrival-Departure Record) that will include his admission number and evidence his lawful status in the United States. The immigration inspector will take the SEVIS Form I-20 from the student. The SEVIS Form I-20 will be returned to the school within approximately 10 days of the student's arrival. The school will be responsible for returning the SEVIS Form I-20 to the student. If the student has failed to register, the school will notify the USCIS. In the case of a non-SEVIS Form I-20, the student's copy and the school's copy will be appropriately annotated with the admission information. The student's copy will be returned to the student at the port-of-entry and the school copy will be forwarded to the Service's data processing center to be forwarded to the school listed on the Form I-20. The alien student should also keep safe his I-94 because it proves that he legally entered the United States.
Changing to F-1 Status While in the U.S.
When the alien is already in the U.S. in another non-immigrant status, he may change his nonimmigrant status to F-1 status, if he is going to pursue full-time academic studies in a college, university, seminary, conservatory, private academic high school, other academic institution, or language-training program. It is advised that the alien shall not apply for change of status within three months after his entry into the U.S.
The alien first must apply to study at an approved school in the United States. If he is admitted, the school will issue him a SEVIS Form I-20. The alien student must submit the form and a Form I-539 (Application to Extend/Change Nonimmigrant Status) to the USCIS (formerly known as the INS). The alien student must also prove that he has the financial resources required for his education and stay in the United States. Proof of English proficiency may also be required. If the USCIS approves the application, a new I-94 will be issued to the alien.
Eligibility for Change into F-1 Status in the U.S.
When the alien is already in the U.S., he can change his nonimmigrant status into F-1 status if he is going to pursue full-time academic studies in a college, university, seminar, conservatory, private academic high school, other academic institution, or language-training program.
However, not every alien is eligible to change his status to F-1 in the United States. Aliens who generally cannot apply for F-1 status are:
1. Persons who are subject to the J-1 two year restriction of home country residence. For further information about J-1, please click here. However, a person subject to such restriction may apply for an F-1 visa through third country visa processing. For more information about third country visa processing, please click here.
2. K-1 status holders: the fiancé(e) of a US citizen who enters into the U.S. holding a K-1 visa may not apply for a change to F-1 status. For further information about K-1 visa/status, please click here
3. Visa Waiver Pilot Program visitors: This program exempts certain non-immigrants from the requirement of obtaining a visa for entry into the United States. For more information about Visa Waiver Pilot Program, please click here A Visa Waiver Pilot Program Visitor may not change his status to F-1 status in the U.S.
4. C status holders: Any alien holding a C transit visa cannot apply for F-1 status;
5. Transit visitors without visas: Visitors who are in transit in the U.S. without a visa cannot apply for F-1 status; or
6. Aliens who entered into the U.S. without inspection or have been out of status (An exception applies in the case of F-1 Reinstatement).
How long can an F-1 alien student stay in the U.S.?
In contrast to most other non-immigrants who receive a specific period of time to remain in the U.S., a foreign national who obtains F-1 status is allowed to remain in the U.S. for the duration of status, that is the time it takes to complete the studies plus possible practical training.
Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an approved educational institution , or engaging in authorized practical training following completion of studies, except that an F-1 student who is admitted to attend a public high school is restricted to an aggregate of 12 months of study at any public high school(s).
An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on Form I-20. The student is considered to be maintaining status if he or she is making normal progress toward completing a course of study.Moreover, the alien student will also be allowed to stay in the country for up to twelve additional months beyond the completion of the studies to pursue practical training.
Maintaining valid F-1 status
A full course of study in an Academic Program
An F-1 student must be enrolled in a full course of study, not part-time study. Also, to maintain a valid status, the F-1 holder must be enrolled in an academic, as opposed to avocational program of study. Enrollment in academic high schools, universities, colleges, conservatories, seminaries, or language training programs will qualify as enrollment in an academic program.
An "academic program" student can be pursuing a bachelor, master, doctor, or other graduate-level degree, or private high schools, or other non-degree studies, or can simply be engaged in post-doctoral studies.
An F-1 student at an academic institution is considered to be in status during the annual (or summer) vacation if the student is eligible and intends to register for the next term.
On-line and Distance Education Courses
The SEVIS rules restricts an F-1 student in the United States from being able to take no more than one course or three credits of distance education or on-line courses counted toward the full course of study. However, an F-1 student currently pursuing a full course of study may add as many distance education or on-line courses as he or she wishes in addition to the courses counting toward the full course of study. As international students can enroll in the course without being admitted to the United States, the SEVIS rules do not prohibit such students from completing programs that are offered on-line.
English language students are unable to take any on-line or distance education courses toward the full course of study requirements.
Reduction in a Student's Course Load
With the implementation of SEVIS, the USCIS expects to have accurate, real time, information
on all students. A student who drops below a full course of study without the prior approval of the Designated School Official (DSO) will be considered out of status. It is the responsibility of the student to maintain a full course of study in order to remain in compliance with his or her nonimmigrant status. Accordingly, the student should consult with, and receive the necessary permission from the DSO prior to performing an act that affects status.
During the course of study within one program level, an F-1 student can only be authorized on one occasion to reduce his or her course load due to academic difficulties, and must resume a full course at the start of the next available term or session, excluding a summer session. An F-1 student taking a reduced course load for academic reasons must still be taking at least one class or half the clock hours required for a full course of study.
Illness or Medical Condition
In the case of an illness or medical condition, an F-1 student may be authorized to reduce his/her course load for a period not to exceed 12 months in aggregate. The DSO may also authorize a student to refrain from taking any courses due to a medical condition or illness if the severity of the condition warrants such authorization. Although a student may be authorized for up to 12 total months of a reduced course load in this case, a school official must re-authorize the reduction each term or session, and must update this authorization in SEVIS.
The 12-month limit on authorization to reduce course load for illness or medical condition is applied per each particular program level. If the student completes one program, and advances to a different program level, the student will be allowed a second aggregate 12-month period in which he or she may be authorized to reduce course load. An F-1 student who has already received authorization to reduce course load for academic difficulties remains eligible for the aggregate 12-month period to reduce his or her course load due to illness or medical condition.
The USCIS cannot permit an unlimited reduction in course load, if the F-1 students suffer long-term medical conditions, chronic illnesses, or learning disabilities, which may require a longer-term reduction in course load.
Change of Name and Address
A student must inform the DSO and the USCIS of any legal changes to his or her name or of any change of address, within 10 days of the change, in a manner prescribed by the school.
A student enrolled at a SEVIS school can notify the USCIS by providing a notice of a change of address within 10 days to the DSO, who in turn shall enter the information in SEVIS within 21 days of notification by the student.
A student enrolled at a non-SEVIS school must submit a notice of change of address, Form AR-11, to the USCIS, within 10 days of the change.
Except in the case of a student who cannot receive mail where he or she resides, the address provided by the student must be the actual physical location where the student resides rather than a mailing address. In cases where a student provides a mailing address, the school must maintain a record of, and must provide upon request from the USCIS, the actual physical location where the student resides.
Transfer of School
If a student transfers to a new school (whether in the same or a different educational program), he or she must comply with the SEVIS rules:
Indication of New School
During the process of transfer, the DSO must indicate the school to which the student intends to transfer in SEVIS. Therefore, the initiation of a student record transfer in SEVIS can only be carried out after the student has completed the application and acceptance process and has determined the school to which he or she is transferring.
The Number of Schools to which a Transferring Student may Apply
The SEVIS rule does not place any limit on the number of schools to which a transferring F or M student may apply. The transferring student may apply to and be accepted by any number of schools. However, the SEVIS restricts the number of SEVIS Forms I-20 that may be issued to a transferring student. SEVIS will allow a student's record to be available only to one school at a time.
Once the student decides which school he or she intends to transfer, the DSO of his or her current school will update SEVIS to reflect this choice and will enter the release date for the student. The student's name will then appear in SEVIS at the transfer school as an ``alert'' containing the student's name and release date. When the release date is reached, the transfer school will be able to issue the transferring student a new SEVIS Form I-20. In most cases, schools will be not be sending the acceptance letter and the SEVIS Form I-20 at the same time. If the student changes his or her mind prior to the release date, the DSO at the current school may cancel the transfer request. If the transfer request is cancelled the student may continue studies at the current school or make a new request to be transferred to another school. However, once the release date has been reached, the DSO at the current school may no longer access the student's record in SEVIS. Therefore, a student who changes his or her mind after the release date must work with the DSO of the transfer school to accomplish a second transfer to another approved school. In such cases, the DSO of the transfer school must complete the transfer process for the student in SEVIS and then initiate any subsequent transfer that the student may request.
Five Months--Transferring Period
The SEVIS rule also limits the length of time a student may remain in the U.S. while transferring between schools. The student may not remain in the U.S. between programs if the student will not resume classes within 5 months of transferring out of the current school, or within 5 months of the program completion date as indicated on the Form I-20 issued by the current school, whichever date is earlier.
In the case of a student authorized to engage in post-completion optional practical training (OPT), the student must be able to resume classes within 5 months of transferring out of the current school that recommended OPT or the date the OPT authorization ends, whichever is earlier. For example, in instances where a DSO initiates a transfer within the 60-day period following completion of studies, in order to remain in the United States between transfer of programs or schools, the 5 month period begins tolling on the date the program was completed, not the date the DSO initiated the transfer. The initiation of a transfer out date occurs when the DSO enters a date for the release of the student's record to the transfer school. While the DSO may enter any date reasonable and appropriate for a student's circumstances, in most instances, the DSO will want to enter the release date as the date the student completes the last day of the academic term at the current school.
Notification Procedure of Transfer of School
1. Non-SEVIS School to Non-SEVIS School
To transfer from one non-SEVIS school to a different non-SEVIS school, the student must first notify the school he or she is attending of the intent to transfer, then obtain a Form I-20 issued from the school to which he or she intends to transfer. Prior to issuance of any Form I-20, the DSO at the transfer school is responsible for determining that the student has been maintaining status at his or her current school and is eligible for transfer to the new school. The transfer will be effected only if the student completes the Student Certification portion of the Form I-20 and returns the form to a DSO of the transfer school within 15 days of the program start date listed on Form I-20. Upon receipt of the student's Form I-20 the DSO must note ``transfer completed on (date)'' in the space provided for the DSO's remarks, thereby acknowledging the student's attendance at the transfer school; return the Form I-20 to the student; submit the School copy of the Form I-20 to Service's Data Processing Center within 30 days of receipt from the student; and forward a photocopy of the school copy to the school from which the student transferred.
2. Non-SEVIS School to SEVIS School
To transfer from a non-SEVIS school to a SEVIS school, the student must first notify the school he or she is attending of the intent to transfer, then obtain a SEVIS Form I-20 issued from the school to which he or she intends to transfer. Prior to issuance of any Form I-20, the DSO at the transfer school is responsible for determining that the student has been maintaining status at his or her current school and is eligible for transfer to the new school. Once the transfer school has issued the SEVIS Form I-20 to the student indicating a transfer, the transfer school becomes responsible for updating and maintaining the student's record in SEVIS. The student is then required to notify the DSO at the transfer school within 15 days of the program start date listed on the SEVIS Form I-20. Upon notification that the student is enrolled in classes, the DSO of the transfer school must update SEVIS to reflect the student's registration and current address, thereby acknowledging that the student has completed the transfer process. In the remarks section of the student's SEVIS Form I-20, the DSO must note that the transfer has been completed, including the date, and return the form to the student. The transfer is effected when the transfer school updates SEVIS indicating that the student has registered in classes within the 30 days.
3. SEVIS School to SEVIS School
To transfer from a SEVIS school to a SEVIS school the student must first notify his or her current school of the intent to transfer and must indicate the school to which he or she intends to transfer. Upon notification by the student, the current school will update the student's record in SEVIS as a "transfer out'' and indicate the school to which the student intends to transfer, and a release date. The release date will be the current semester or session completion date, or the date of expected transfer if earlier than the established academic cycle. The current school will retain control over the student's record in SEVIS until the student completes the current term or reaches the release date. At the request of the student, the DSO of the current school may cancel the transfer request at any time prior to the release date. As of the release date specified by the current DSO, the transfer school will be granted full access to the student's SEVIS record and then becomes responsible for that student. The current school conveys authority and responsibility over that student to the transfer school, and will no longer have full SEVIS access to that student's record. As such, a transfer request may not be cancelled by the current DSO after the release date has been reached. After the release date, the transfer DSO must complete the transfer of the student's record in SEVIS and may issue a SEVIS Form I-20. The student is then required to contact the DSO at the transfer school within 15 days of the program start date listed on the SEVIS Form I-20. Upon notification that the student is enrolled in classes, the DSO of the transfer school must update SEVIS to reflect the student's registration and current address, thereby acknowledging that the student has completed the transfer process. In the remarks section of the student's SEVIS Form I-20, the DSO must note that the transfer has been completed, including the date, and return the form to the student. The transfer is effected when the transfer school notifies SEVIS that the student has enrolled in classes within 30 days.
4. SEVIS School to non-SEVIS School
To transfer from a SEVIS school to a non-SEVIS school, the student must first notify his or her current school of the intent to transfer and must indicate the school to which he or she intends to transfer. Upon notification by the student, the current school will update the student's status in SEVIS as ``a transfer out'', enter a ``release'' or expected transfer date, and update the transfer school as ``non-SEVIS.'' The student must then notify the school to which the he or she intends to transfer of his or her intent to enroll. After the student has completed his or her current term or session, or has reached the expected transfer date, the DSO at the current school will no longer have full access to the student's SEVIS record. At this point, if the student has notified the transfer school of his or her intent to transfer, and the transfer school has determined that the student has been maintaining status at his or her current school, the transfer school may issue the student a Form I-20. The transfer will be effected only if the student completes the Student Certification portion of the Form I-20 and returns the form to a designated school official of the transfer school within 15 days of the program start date listed on the Form I-20. Upon receipt of the student's Form I-20 the DSO must do as follows: note ``transfer completed on (date)'' in the space provided for the DSO's remarks, thereby acknowledging the student's attendance; return the Form I-20 to the student; submit the school copy of the Form I-20 to the Service's data processing center within 30 days of receipt from the student; and forward a photocopy of the school copy to the school from which the student transferred.
Extension of F1 Status
Generally, an F-1 student who is admitted for duration of status is not required to apply for extension of stay as long as the student is maintaining status and making normal progress toward completion of his or her educational objective.
An F-1 student who is currently maintaining status and making normal progress toward completing his or her educational objective, but who is unable to complete his or her course of study by the program end date on the SEVIS Form I-20, must apply prior to the program end date for a program.
Reasons of Delay
Compelling academic or medical reasons, such as changes of major or research topics, unexpected research problems, or documented illnesses, are good reasons.
Delays caused by academic probation or suspension is not acceptable reasons for program extensions.
Time Limit to Apply for Extension
A DSO may not grant an extension if the student did not apply for an extension until after the
program end date noted on the Form I-20.
An F-1 student who is unable to complete the educational program within the time listed on Form I-20 and who is ineligible for program extension is considered out of status. If eligible, the student may apply for reinstatement.
Grace Period
Normal Grace Period - 60 days
An F-1 student who has completed a course of study and any authorized practical training following completion of studies will be allowed an additional 60-day period to prepare for departure from the United States or to transfer in accordance with immigration laws.
Withdrawal from Classes - 15 day
An F-1 student authorized by the DSO to withdraw from classes will be allowed a 15-day period for departure from the United States.
Fail to Maintain F-1 Status - 0 day
An F-1 student who fails to maintain a full course of study without the approval of
the DSO or otherwise fails to maintain status is not eligible for an additional period for departure.
Reinstatement of F-1 Status
A foreign student who is out of F-1 status for a certain period of time may apply for reinstatement of F-1 status by submitting the following documents:
1. Form I-539, Application to Extend/Change Nonimmigrant Status;
2. A properly completed SEVIS Form I-20 indicating the DSO's recommendation for reinstatement
The immigration officer may consider granting the request if the student:
A. Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);
B. Does not have a record of repeated or willful violations of the immigration regulations;
C. Is currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20;
D. Has not engaged in unauthorized employment;
E. Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Immigration and Naturalization Act; and
F. Satisfactorily establishes that:
1) The violation of status resulted from circumstances beyond the student's control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for
reinstatement; or
2) The violation relates to a reduction in the student's course load that would have been within a DSO's power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.
If the USCIS reinstates the student, the Service shall endorse the student's copy of Form I-20 to indicate the student has been reinstated and return the form to the student. If the Form I-20 is from a non-SEVIS school, the school copy will be forwarded to the school. If the Form I-20 is from a SEVIS school, the adjudicating officer will update SEVIS to reflect the Service's decision. In either case, if the USCIS does not reinstate the student, the student may NOT appeal that decision.
Optional Practical Training
What is Optional Practical Training?
Optional Practical Training (OPT) work authorization is designed to provide opportunities for employment to international students with F-1 status who wish to work in their field of study. During the period of OPT, a student will maintain F-1 visa status since it is considered to be part of the program of study.
An F-1 student may not begin optional practical training until the date indicated on his or her
employment authorization document, Form I-766.
What are the Eligibility Requirements?
To be eligible to apply for F-1 optional practical training after completion of studies:
1. A student may submit an application for authorization to engage in optional practical training up to 90 days prior to being enrolled for one full academic year, provided that the period of employment will not begin until after the completion of the full academic year as indicated by the DSO; and
2. The job is directly related to the student's major area of study.
Students enrolled in English language training programs are not eligible for practical training after completion of studies.
When to Apply?
A student may be granted authorization to engage in temporary employment for optional practical training:
(1) During the student's annual vacation and at other times when school is not in session, if the student is currently enrolled, and is eligible for registration and intends to register for the next term or session;
(2) While school is in session, provided that practical training does not exceed 20 hours a week while school is in session; or
(3) After completion of the course of study, or, for a student in a bachelor's, master's, or doctoral degree program, after completion of all course requirements for the degree (excluding thesis or equivalent). Continued enrollment, for the school's administrative purposes, after all requirements for the degree have been met does not preclude eligibility for optional practical training. However, optional practical training must be requested prior to the completion of all course requirements for the degree or prior to the completion of the course of study. A student must complete all practical training within a 14-month period following the completion of study.
How long can I Work?
A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. Authorization to engage in optional practical training employment is automatically terminated when the student transfers to another school or begins study at another educational level.
What are the OPT Application Procedures under SEVIS?
Step 1: DSO Recommendation
The DSO will update the student's record in SEVIS as having been recommended for optional practical training. A DSO who recommends a student for optional practical training is responsible for maintaining the record of the student for the duration of the time that training is authorized. The DSO will indicate in SEVIS whether the employment is to be full-time or part-time, and note in SEVIS the start and end date of employment.
Step 2: Endorsement SEVIS Form I-20
The DSO will then print the employment page of the student's SEVIS Form I-20, and sign and date the form to indicate that optional practical training has been recommended.
Step 3: Application for EAD
The student must file with the USCIS service center, having jurisdiction over his place of residence, for an Employment Authorization Document, on Form I-765, with $120 filing fee and the SEVIS Form I-20 employment page indicating that optional practical training has been recommended by the DSO.
Step 4: Decision on application for employment authorization
The USCIS shall adjudicate the Form I-765 and issue an EAD on the basis of the DSO's recommendation unless the student is found otherwise ineligible. The USCIS shall notify the applicant of the decision and, if the application is denied, of the reason or reasons for the denial.
The applicant may NOT appeal the decision.
Shall I have to report any change of my OPT?
An F-1 student authorized by the Service to engage in practical training is required to report any
change of name or address, or interruption of such employment to the DSO for the duration of the authorized training. A DSO who recommends a student for optional practical training is responsible for updating the student's record to reflect these reported changes for the duration of the time that training is authorized.
Curricular Practical Training
Curricular practical training is defined to be alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school.
An F-1 student may be authorized by the DSO to participate in a curricular practical training program that is an integral part of an established curriculum.
Eligibility
Students who have received one year or more of full time curricular practical training are ineligible for post-completion academic training.
Exceptions to the one academic year requirement are provided for students enrolled in graduate studies that require immediate participation in curricular practical training. A request for authorization for curricular practical training must be made to the DSO. A student may begin curricular practical training only after receiving his or her Form I-20 with the DSO endorsement.
Procedure
(A) Non-SEVIS process
A student must request authorization for curricular practical training using a Form I-538. Upon approving the request for authorization, the DSO shall: certify Form I-538 and send the form to the Service's data processing center; endorse the student's Form I-20 ID with ``full-time (or part-time) curricular practical training authorized for (employer) at (location) from (date) to (date)''; and sign and date the Form I-20ID before returning it to the student.
(B) SEVIS process
To grant authorization for a student to engage in curricular practical training, a DSO at a SEVIS school will update the student's record in SEVIS as being authorized for curricular practical training that is directly related to the student's major area of study. The DSO will indicate whether the training is full-time or part-time, the employer and location, and the employment start and end date. The DSO will then print a copy of the employment page of the SEVIS Form I-20 indicating that curricular practical training has been approved. The DSO must sign, date, and return the SEVIS Form I-20 to the student prior to the student's commencement of employment.
Benefits
Generally, participation in a CPT is a good chance for F-1 students to gain work experience and find potential employers.
F-1 & H-1B
Differences between Optional Practical Training and H-1B
Optional Practical Training (OPT) is a sub phase of F-1 Status. That is, when an alien student is authorized to have OPT, he or she is still under F-1 Status. H-1B is a different status, and H-1B has it own sets of rules and limitations. If you would like to know more about H-1B, please click here.
Generally speaking, the foreign student, after obtaining the EAD card allowing employment during the period of OPT, would look for a job in the twelve-month optional practical training period. In the practical training period, the student can work for any employer or not at all. He can change jobs easily. Also, if he is laid off in the practical training, he may still have time to find another job.
However, after the student changes his status from F-1 to H-1B, he has to work specifically for the H-1B sponsoring employer. An H-1B holder may not be able to work for other employers without the authorization of the USCIS (formerly the INS). If the H-1B holder wants to work for a new employer, the new employer has to file a new H-1B petition for him. Also, if the H-1B holder is laid off, he is out of status immediately, although, recently, the USCIS has relaxed a little bit and will examine the situation on a "case by case" basis if the H-1B holder later finds a new job and the new employer files a new H-1B petition for him or her.
Changing from F-1 to H-1B
An individual in F-1 status (whose field of specialization is classifiable as a specialty occupation) is permitted, if certain conditions are met, to change his status to H-1B status. An H-1B status is a category for temporary workers who are employed in specialty occupations. A specialty occupation is defined as one that requires theoretical and practical application of a body of highly specialized knowledge and which also requires the attainment of a bachelor's or higher degree in the specific specialty or its equivalent as a minimum for entry into the occupation in the U.S.
The first step for an F-1 holder is to find an employer that is willing to file an H-1B petition on his behalf. The employer then files an H-1B petition for the alien. Thereafter, if the H-1B petition is approved, the alien is granted an H-1B status. As a general rule, an individual may remain in the U.S. in H-1B status for a maximum total duration of six years.
Spouse and Children of F-1 student
F-2 visas/status are issued/granted to the F-1 holder's spouse and unmarried children under twenty-one years of age.
Holders of F-2 are considered to be the dependents of F-1 holders. F-2 holders may be entitled to enter and remain in the United States for the duration of the F-1 holder's authorized duration of stay. Their duration of valid stay is the same as that of the F-1 holder.
The F-2 spouse and minor children of an F-1 student shall each be issued an individual SEVIS Form I-20.
Employment of F-2
The F-2 spouse and children of an F-1 student may not accept employment.
Study of F-2
1. The F-2 spouse of an F-1 student may not engage in full time study, and the F-2 child may only engage in full time study if the study is in an elementary or secondary school (kindergarten through twelfth grade). The F-2 spouse and child may engage in study that is avocational or recreational in nature.
2. An F-2 spouse or F-2 child desiring to engage in full time study, allowed otherwise by the above Paragraph 1, must apply for and obtain a change of nonimmigrant classification to F-1, J-1, or M-1 status. An F-2 spouse or child who was enrolled on a full time basis prior to January 1, 2003, will be allowed to continue study but must file for a change of nonimmigrant classification to F-1, J-1, or M-1 status on or before March 11, 2003.
3. An F-2 spouse or F-2 child who engage in full time study, without compliance with the above Paragraph 1 and 2, violates his or her nonimmigrant status.
