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The U.S. attracts many foreign nationals to its diverse and strong
institutions of learning. The F-1 Visa (Academic Student) allows
one to enter the U.S. as a full-time student at an accredited (U.S.
government- approved) college or university. The student must be
enrolled in a program or course of study that culminates in a degree,
diploma, or certificate. The M-1 Visa (Vocational Student) is issued
to students who want to pursue non-academic programs (health care
technician, machinist, dental hygienist, etc) in an established
institution. The J-1 Visa (Exchange Student) is for students pursuing
graduate / post-graduate studies, visiting scholars, medical doctors
undergoing training, etc.
What We Can Do For You : At JWC, we can consult with you to discuss
your case in detail and guide you on the paperwork we suggest you
file in order to obtain the F-1 visa for the principal student and
dependent family members. We can advise the International Student
Advisor of your college or school regarding all viable options and
paperwork requirements of the different student statuses. If appropriate,
we can help with submitting the forms, etc, for the visa at the
consulate or with the USCIS for change of status or extension of
stay.
Note : Below are overviews and articles relevant to this section.
For current
U.S. immigration news items, click NewsBrief and other links on
the right.
Effect of Overstay for Visa Issuance
Posted Jun 10, 2000, updated Mar 25, 2005
Since October 1, 1996, any person who has "overstayed"
(remained in the U.S. past the expiration date on his/her latest
I-94 card), is ineligible to apply for the nonimmigrant (temporary)
visa from a country other than her/his home country. The law automatically
voids the visa stamp in the passport as soon as one remains illegally
in the U.S. or falls out of status.
Overview : Common F-1 Student Issues Posted Nov 28, 2001
The F-1 student visa status is for the primary purpose of full-time
study at a school or college in the U.S. Full-time study, in most
cases, is defined to be at least 12 credit hours per semester. Under
1996 law, there are limits on study by F-1 students in public elementary
and secondary schools, requiring the F-1 student or her/his family
to reimburse the government for the cost of the education.
1 Year of Practical Training - What Next? Posted Nov 28, 2001
Most F-1 students can get up to one year of practical training work
authorization after completion of their studies. This OPT or Optional
Practical Training either can be during the program or after completion.
OPT provide foreign students with valuable opportunities and enables
the student to work for any employer, as long as the work is related
to the subject studied.
Issues of When and Where F-1s Can Work Posted Jun 10, 2000
F-1 students generally are aware that they have restrictions on
working. There are some circumstances under which an F-1 can be
employed, however. Information on all these options can be obtained
from the Foreign Student Advisor in most universities or colleges.
In most cases, that official must also authorize or recommend the
employment of the foreign student.
Reinstatement of Student Status Posted Jun 10, 2000
An F-1 student may fall out of status, usually unintentionally.
It may be necessary under certain circumstances for a student to
reduce his or her course load due to a serious illness, for example.
A lighter course load may sometimes be authorized, with the assistance
of the DSO. If a student has fallen out of status but wishes to
resume studies, s/he may be able to apply for reinstatement.
About Visa and Status Posted Jun 21, 2000, updated Mar 25, 2005
The word "visa" in immigration law refers to the visa
stamp issued by the U.S. consulate in the foreign country which
enables one to board a flight to the U.S. "Status" is
given by the USCIS officer at the port of entry to allow the person
to enter the U.S. Laypersons generally confuses the concept of the
visa and status, but under immigration law, the two are distinct.
Overview : F-1 Visas (Part 1) Posted Dec 02, 2000
This is the first in our 3-part series on the F-1 visa for the academic
student to be able to come to the United States and complete an
academic program. This part explains the basic requirements for
qualification for the F-1 visa.
Overview : F-1 Visas (Part 2) Posted Dec 11, 2000
In this second in our 3-part series on the topic of the F-1 visa
for students, we discuss employment issues, both on-campus and off-campus,
including OPT and CPT programs. This article also covers the subject
of dependent visas for family members of the F-1 student.
Overview : F-1 Visas (Part 3) Posted Dec 15, 2000
In this third and final segment of our 3-part series on the F-1
visa for students, we complete our overview and address maintenance
of status, reinstatement after falling out of status, and the issues
and consequences of overstays.
Overview : J-1 Visas (Part I) Posted Dec 21, 2001
In Part I of this Overview, we discuss the general definition and
procedural aspects of the J-1 Visa process. This is the first of
a 4-part series on a complicated issue.
Overview : J-1 Visas (Part 2) Posted Apr 05, 2002
This article goes more into depth on the two-year home residency
requirement (HRR). This analysis includes information on who is
subject to the requirement and what the requirement means. We also
briefly touch on the issue of obtaining a waiver of the requirement.
Overview : J-1 Visa Waivers (Part 3) Posted Jun 06, 2003
Here we explain waivers for the two-year home residency requirement
to MurthyDotCom readers. We include general information on waivers
based on "No Objection" from the home country government,
based on hardship, or on a fear of persecution. Included also is
information on Interested Government Agency waivers for medical
doctors.
Overview : J-1 Visa IGAs for Physicians (Part 4) Posted Jun 15,
2003
This article explains waivers of the two-year home return requirement
(HRR) imposed upon some persons in J-1 status.
Tips on International Travel Posted Nov 20, 2003
In this post-9/11 age of high security, it is important to remember
that failure to attend to small details may cause big problems.
When making travel plans, we caution MurthyDotCom readers to be
mindful of some important matters.
"Last Name First" : No Joking Matter Posted Dec 04, 2003
The result of using unofficial adaptations of one's name for official
government documents can cause big problems in the immigration process.
We provide some helpful recommendations to readers where laws and
regulations provide little guidance as to the proper use of names
in documents filed before the USCIS.
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