Foreign students may enter the United States on a temporary status that typically limits their stay to the length of their studies. Generally students enter the United States after acceptance by the institution, approval by the State Department, the United States Embassy or consulate abroad, and clearance by Immigration and Naturalization Services at a United States Port of Entry. The student visa permits student Visa holders to change their status to other nonimmigrant visas or immigrant visas as eligibility arises. Students generally enter the United States as one of following three temporary educational classifications.

The Student Visa (F-1 Academic) is the most flexible student status as it allows students with financial support to take full advantage of the United States educational process while providing the possibility of limited access to career-oriented employment. The F-1 Visa allows foreign nationals to enter the United States for the purpose of pursuing a full-time course of academic studies at an approved school, college or university

Requirements

An application for an F-1 Student Visa requires proof of acceptance by an approved academic institution, and proof of financial support sufficient to allow the student to reside and study in the United States without working. The student must prove the availability of adequate funding for the complete period of study without the necessity of earning money from United States employment. The student must also prove an intention to depart the United States upon the completion of his studies.

Refusal of a Visa

The United States consular officer may deny an application for a Student Visa where it appears there is insufficient financial support to allow the student to meet the living expenses and school expenses without working. The consular officer may deny an application for a Student Visa where it appears there is little or no relationship between the student's proposed course of studies in the United States and career opportunities in the student's home country. An application may be refused when, in the opinion of the consular officer, there are insufficient ties to the home country to compel the student to return upon the completion of studies. Depending on the economic conditions of the student's home country, the consular office may be reluctant to issue a student visa for fear the student will not return home upon the completion of his studies.

Change of Visa Status

The Visa holder must depart the United States and seek a new visa upon completion of studies or practical training, or may apply for a change of status from within the United States as the opportunities arise. The Student Visa holder may apply for a change of status while holding a student visa. The Student Visa permits Student Visa holders to change their status to other nonimmigrant visas or immigrant visas as eligibility arises.

Working on a Student Visa

The student must prove the availability of adequate funding for the complete period of study without the necessity of earning money from United States employment. Students may be authorized to seek limited employment in certain circumstances during and after their period of study. A Student Visa may allow a student to work 20 hours per week in qualified on-campus employment. If the employment is off-campus it must usually be related to their course of study. A Student Visa allows qualified students to participate in post-graduate practical training work-experience or curricular practical training programs. Students may be permitted to accept limited employment. Undergraduates are expected to successfully complete their first year of studies before commencing employment. Graduate students may begin working immediately if work is a requirement of their course of studies.

Up to 20 hours of work may be authorized during the school term, and full-time employment may be authorized during the vacation periods. The rules will vary depending on whether the student has undergraduate or graduate status, academic (F), Exchange visitor (J), or Nonacademic (M) status. Prior permission must always be obtained from the Designate School Officer (DSO) and sometimes by the Immigration and Naturalization Services. Employment can not be for the purpose of supplementing the financing of their school and living expenses. An exception to this rule is in the case of students from certain Asian countries whose home country currency has been devalued.

Student Visa holders must properly maintain their student status at all times throughout the duration of the visa by maintaining a full course of studies, passing minimum course work each year, not accepting unauthorized employment, not violating local, state or federal law, receiving Immigration and Naturalization Service permission before changing institutions, and paying the required tuition fees.

Attendance at Elementary or High School

Legislation enacted in 1996 has placed a prohibition on the use of F-1 visas for attendance at public elementary schools. Attendance at a publicly funded high school is limited to one year and only if the school is fully reimbursed for the full subsidized per capita costs. Attendance at a privately funded elementary school and high school is permitted.