Study in America - The F-1 Visa

“F-1” is the most common and popular nonimmigrant visa type for international students to come to the US to attend American schools. Remember, you are a “nonimmigrant” because you seek to be in the US temporarily, not permanently. Although F-1 students are coming to the US to participate in an academic degree oriented curriculum or study program, The F-1 is often used by younger students to attend middle schools here, too. In fact, F-1 students are seen at all grade levels from boarding schools to graduate studies across the United States.

The key element for F-1 eligibility is a critical document issued by the “international student office” of the admitting school that is titled “Certificate of Eligibility for Nonimmigrant (F-1) Student Status – For Academic and Language Students”, or commonly known as Form I-20, a prerequisite document for all F-1 visa applications at any US Consulate overseas.

You see, to obtain the F-1 visa you must first apply and be accepted by a US school. The school will then issue a Form I-20 verifying that you have been admitted and providing some other details about your admission.

However, not all schools in America are qualified to issue Form I-20, and no K-12 (kindergarten to 12^th grade) public school systems in the US can issue Form I-20, primarily because the compulsory education is free and funded by tax dollars. The point here is that US citizens pay taxes and those taxes pay for the schools that are made available to the children of US citizens for free. So, while F-1 is the ideal visa type for an international student for all considerations, it is very difficult for pre-college students to come to the America on F-1 status. The exception is when the foreign student attends a private school that is not funded by citizen taxes. Some private schools (but not all) have been certified by the USCIS to issue the Form I-20.

So you see, obtaining the F-1 Visa is a great way to attend school in the US and it comes with some requirements. To qualify and to maintain F-1 student status in the United States, the student must meet the following criteria at all times:

• · Must be enrolled in an “academic” educational program or a language-training program;
• · The school must be approved by the USCIS and therefore certified to issue Form I-20;
• · Student must maintain a “full-time student” course load which is generally 16 hours for undergraduate and 9 hours for graduate, with minor variations by the school as prescribed in the school’s approval by the USCIS for the authority to issue Form I-20;
• · Must possess satisfactory proficiency in English language through a standard test known as “Test Of English as a Foreign Language” (TOEFL), or in alternative be enrolled in courses leading to English proficiency.
• · Students must also have sufficient funds available for self-support during the entire proposed course of study, although most US Consulate would accept the financial proof for the first academic year in their review of the F-1 visa applications.
• · Finally, F-1 students must continue to maintain their nonimmigrant intent and a residence abroad where they will return to upon completion of the educational programs here in the US.

Here are some typical examples of the educational institutions that can issue I-20 to admit international students in F-1 status:

• · University or college, both public and private;
• · Conservatory;
• · Seminary;
• · Other academic institutions, including language training programs;
• · High schools (grades 9 through 12), either public or private, provided that the school has been approved by the USCIS to issue Form I-20.
• · Private middle school and/or elementary schools, only private and no public, provided that the school has been approved by the USCIS to issue Form I-20. It is so, because US laws prohibit international students in F-1 status to enter the US to attend a public primary/elementary school or a publicly funded adult education program.

So now you know that the F-1 Student Visa is the most common visa for foreign students in America and there are several requirements to obtain the visa and several other requirements to maintain that visa. This is all good information, but you may have other questions. To see a list of all student visa types click here. Please comment on this blog below with your questions and we will get you answers in future posts.

Stan Bradshaw lives in Richardson, Texas where he is President and CEO of US Freedom Capital, a Dallas based firm focused on EB-5 qualified immigration investments. A business owner since 1990 and four time Ernst & Young Entrepreneur of the Year finalist, Stan has been involved in technology, beginning his career at IBM in 1981. When not overseeing the investment firm Stan is a director on several non-profit Boards, serves as Vice-Chair on the board of the Richardson Texas Chamber of Commerce and enjoys playing guitar in a variety of local bands.

Stan@usfreedomcap.com | www.usfreedomcap.com | 888.519.8331

Abraham C. Yu, an immigrant from China himself, lives in Plano, Texas where he is the General Manager & Director of Immigration Division of Yu, South & Associates, a Dallas based boutique US immigration and international law firm. A business owner since 1991 and a listed EB-5 advisor since 2007, Abraham has been exclusively involved in international business, beginning his career with the Bureau of Foreign Economic Relations & Trade of Anhui Province in 1981. When not overseeing the firm’s operations, Abraham serves as cultural ambassador and was recently awarded “Citizen Diplomat” for outstanding service with the North Texas Council for International Visitors.

ayu@yuimmigration.com | www.yuimmigration.com | 888.289.9988