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Tuesday, September 3, 2013

Students and Exchange Visitors

Students and Exchange Visitors


If you wish to pursue full-time academic or vocational studies in the United States, you may be eligible for one of two nonimmigrant student categories.  The “F” category is for academic students and the “M” is for vocational students. To learn more, please see the Students and Exchange Visitors page on the Immigration and Customs Enforcement website.
If you wish to participate in an exchange program you may be eligible for the “J” category for exchange visitors. The J visa program is for educational and cultural exchange programs. For more information, please see the Exchange Visitor Visa page on the Department of State website. 
Students: Academic and Vocational (F and M visas)
F-1
Academic students
F-2
Spouses and children of F-1 
F-3
Canadian or Mexican national academic commuter students
M-1
Vocational students
M-2
Spouses and children of M1
M-3
Canadian or Mexican national vocational commuter students
Exchange Visitors (J visas)
J-1
Exchange visitors
J-2
Spouses and children of J-1

Students and Employment

If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.
You may enter in the F-1 or M-1 visa category provided you meet the following criteria:
  • You must be enrolled in an "academic" educational program, a language-training program, or a vocational program
  • Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
  • You must be enrolled as a full-time student at the institution
  • You must be proficient in English or be enrolled in courses leading to English proficiency
  • You must have sufficient funds available for self-support during the entire proposed course of study
  • You must maintain a residence abroad which he/she has no intention of giving up.

F-1 Student Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

M-1 Student Visa

The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.

Employment

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have been studying for one academic year. These three types of employment are:
  • Curricular Practical Training (CPT)
  • Optional Practical Training (OPT) (pre-completion or post-completion)
  • Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)
M-1 students may engage in practical training only after they have completed their studies. 
For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

Exchange Visitors

The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. 
In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science. 
Examples of exchange visitors include, but are not limited to:
  • Professors or scholars
  • Research assistants
  • Students
  • Trainees
  • Teachers
  • Specialists
  • Nannies/Au pairs
  • Camp counselors

Application Process

The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program, so the first step in obtaining a J-1 visa is to submit a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, (formerly known as an IAP-66). This form will be provided by your sponsoring agency. You should work closely with the officials at your sponsoring agency who will be assisting you through this process.  An official who is authorized to issue Form DS-2019 is known as a Responsible Officer (RO) or Alternate Responsible Officer (ARO). Your RO or ARO will explain to you what documents are needed in order to be issued a DS-2019. 
After you have obtained a Form DS-2019, you may then apply for a J-1 visa through the U.S. Department of State at a U.S. embassy or consulate. The waiting time for an interview appointment for applicants can vary, so submitting your visa application as early as possible is strongly encouraged (though you may not enter the United States in J-1 status more than 30 days before your program begins).

Employment

Some J-1 nonimmigrants enter the United States specifically to work (as a researcher, nanny, etc.) while others do not. Employment is authorized for J-1 nonimmigrants only under the terms of the exchange program. Please check with your sponsoring agency for more information on any restrictions that may apply to you working in the United States.   

Family of J-1 Visa Holders

Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Your spouse and children are entitled to work authorization; however, their income may not be used to support you.  To apply for work authorization as a J-2 nonimmigrant, your spouse or child would file Form I-765, Application for Employment Authorization. For more information on the application procedures, see the “Work Authorization” link to the right.

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