F-1/M-1 Student Visa

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 you have 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.

 

How can I obtain F-1 or M-1 status while in the US on a B visa

If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in a course of study, you may apply to change to either F-1 or M-1 student status if:

  • You have not yet enrolled in classes;
  • Your current status has not expired; and
  • You have not worked in the United States without employment authorization.

 

To change your nonimmigrant status from B-1 or B-2 to F-1 or M-1, you must file a Form I-539

You must maintain your B-1 or B-2 status while your Form I-539 is pending. You will need to file a second Form I-539, with a separate fee, to request an extension of your B-1 or B-2 status if:

  • Your current status will expire more than 30 days before the initial F-1 or M-1 program start date. If your status will expire more than 30 days before your F-1 or M-1 program’s initial start date, you must file a second Form I-539 requesting to extend your B-1 or B-2 status.
  • Your F-1 or M-1 program start date is deferred to the following academic term or semester because a decision has not been made on your Form I-539 change of status application before your originally intended F-1 program start date. You must file a second Form I-539 in order to bridge the gap in time between when your current status expires and the 30 day period before your new F-1 program start date

 

If you enroll in a course of study before the application is approved, you will be ineligible to change your nonimmigrant status from B 1/B-2 to F-1 or M-1.

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. After the first academic year, F-1 students may engage in three types of off-campus employment:

  • 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.

If you have any question regarding this visa petition, please call the office to set up a valuable consultation with our Immigration Lawyer.