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Immigration: Student (F) Visas

Student Visas

NJ immigration attorneys at Helmer, Conley, & Kasselman can assist non-immigrants in the United States, who are in valid status, change their status to an F-1 student visa. If you would like to study as a full-time student in the United States, you will need a student visa. The individual first must be accepted to an accredited American college or university. The person needs to complete all the necessary paperwork with the school before  applying for a change of status to an F-1 visa.

Once such paperwork is complete, one of our NJ immigration lawyers will assist the individual in changing status. But it should be noted that a person in valid nonimmigrant status B-1/B-2 visitor status, who wishes to change over to an F-1 visa, can only begin classes after the F-1 visa is granted (this is very important since such a change of status request shall be denied if the B-visa holder begins classes prematurely). 

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. If you are unsure which category you are eligible for, contact our NJ immigration law firm to speak with an attorney.

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 he/she has 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.

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. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have been studying for one academic year. These three types of employment are:

  • 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.

For more information, contact the law firm of Helmer, Conley, & Kasselman to speak with an experienced New Jersey immigration lawyer.

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