Non-immigrant Visa

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Non-immigrant Visa

Student Visas

Student visas are essential for individuals who wish to pursue academic studies or vocational training in the United States. There are two main types of student visas: F-1 and M-1, each designed for different educational paths.

The F-1 visa is for students attending a university, college, high school, private elementary school, seminary, conservatory, or other academic institutions, including language training programs. This visa allows students to remain in the United States for the duration of their studies, provided they maintain full-time enrollment and make satisfactory academic progress. F-1 students may also be eligible for limited work opportunities, such as on-campus employment, curricular practical training (CPT), or optional practical training (OPT), which provides practical experience in their field of study.

The M-1 visa is intended for students pursuing vocational or non-academic programs, other than language training, at institutions such as technical schools or vocational training facilities. Unlike F-1 visa holders, M-1 students have more restricted work options and must maintain a full course load at their vocational or technical school. M-1 students are eligible for practical training only after completing their vocational program. The training must be directly related to their field of study. M-1 students may have up to six months of practical training.

To obtain a student visa, applicants must first be accepted into a U.S. educational institution that is approved by the Student and Exchange Visitor Program (SEVP). After receiving an acceptance letter, the school will issue a Form I-20, which is required to apply for the student visa at a U.S. embassy or consulate. The application process involves submitting various documents, paying applicable fees, and attending an interview with a consular officer.

CPT for F-1 Students

Curricular Practical Training (CPT) is a type of work authorization that allows F-1 students to engage in employment directly related to their major field of study as part of their curriculum, such as internships, cooperative education programs, or other forms of required practicums.

1. CPT Eligibility Requirement
  • Full-Time Enrollment: You must have been enrolled as a full-time student for at least one academic year.  Exceptions exist for graduate students whose programs require immediate training.
  • Job Offer: You must have a job offer related to your major field of study before applying for CPT.
  • Integral Part of Curriculum: The training must be an integral part of your curriculum, such as an internship, cooperative education, or practicum.

2. CPT Application Process

  • Meet with your DSO: Meet with your Designated School Official (DSO) to discuss your eligibility and the specifics of your job offer.  Your DSO will help determine if the job qualifies for CPT and will guide you through the process.
  • Obtain a new Form I-20: Your DSO will authorize the CPT in SEVIS and issue a new Form I-20 with the CPT authorization.  This authorization will specify the employer, location, and duration of your CPT.
  • Gather required documents: Obtain a detailed job offer letter from your employer, including job title, duties, start and end dates, and location. If required, enroll in a CPT-related course as part of your academic program.
  • Submit CPT application to DSO: Provide your DSO with the job offer letter and any other required documents.  Your DSO will update your SEVIS record and issue the new Form I-20.
  • Start working: You can start working only after receiving the new Form I-20 with CPT authorization.  Ensure you adhere to the specified dates and conditions.

3. Important Considerations

  • Part-Time vs. Full-Time CPT: Part-time CPT (20 hours or less per week) is allowed during the academic year, while full-time CPT (more than 20 hours per week) is typically allowed during breaks.
  • Impact on OPT: Accumulating 12 months or more of full-time CPT makes you ineligible for OPT.

Post-Completion OPT for F-1 Students

Post-completion OPT allows F-1 students to work in the United States for up to 12 months after completing their academic program. This work must be directly related to their field of study, providing an opportunity to gain practical experience and apply the skills they’ve learned during their education.

To be eligible for post-completion OPT, students must apply to U.S. Citizenship and Immigration Services (USCIS) and receive approval before beginning their employment. Once approved, students can work full-time in their chosen field, but they must not be unemployed for more than 90 days during the OPT period. Additionally, certain STEM (Science, Technology, Engineering, and Mathematics) graduates may be eligible for a 24-month extension, allowing them to continue working in the U.S. beyond the initial 12 months.

Students can apply for post-completion OPT up to 90 days before your program end date and no later than 60 days after your program end date. Here is a detailed breakdown of the application process.

1. Consult Your DSO: Meet with your DSO to discuss your eligibility and request a recommendation for OPT.
2. SEVIS Update: Your DSO will enter the recommendation into the Student and Exchange Visitor Information System (SEVIS) and issue a new form I-20 with the OPT recommendation.
3. Complete Form I-765: Fill out Form I-765 (Application for Employment Authorization). You can choose to file it online or by mail.
4. Gather Supporting Documents: Include the new Form I-20, a copy of your passport, Visa, I-94, and two passport-style photos. You also need to pay the application fee ($520 for paper filing; $470 for online filing).
5. Submit Application: Send your completed Form I-765 and supporting documents to USCIS. If filing by mail, ensure you use the correct address based on your location.
6. EAD Issuance: USCIS typically takes about 90 days to process OPT application, but it can vary. Once approved, you will receive an Employment Authorization Document (EAD), which allow you to work in the United States during your OPT period.
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