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FOREIGN STUDENTS

Sevis Fee for J, F and M visa applicants (as of September 1, 2004)


The Immigration and Nationality Act provides two non-immigrant visa categories for persons wishing to study in the United States. The "F" visa is for academic studies, and the "M" visa is for non-academic or vocational studies. (Note: some exchange programs also involve study. Please see "Exchange Visitors and Au Pairs.")

Academic requirements: The student visa applicant must have successfully completed a course of study normally required for enrollment. The student, unless coming to participate exclusively in an English language training program, must either be sufficiently proficient in English to pursue the intended course of study, or the school must have made special arrangements for English language courses or teach the course in the student's native language.

Financial resources: Applicants must prove that sufficient funds are or will be available from an identified and reliable financial source to defray all living and school expenses during the entire period of anticipated study in the United States. Specifically, F-1 applicants must prove they have sufficient readily-available funds to meet all expenses for the first year of study, and that adequate funds will be available for each subsequent year of study. M-1 student visa applicants must have evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of intended stay.

Acceptance forms: An applicant coming to the U.S. to study must be accepted for a full course of study by an educational institution approved by the U.S. Citizenship and Immigration Services (USCIS). The academic institution must send the applicant Form I-20 A-B, Certificate of Eligibility for Non-immigrant (F-1) Student Status for Academic and Language Students. The nonacademic or vocational institution must send the student Form I-20 M-N, Certificate of Eligibility for Non-immigrant (M-1) Student Status for Vocational Students. Both of these forms should include a SEVIS ID number in the upper right hand corner. Educational institutions obtain forms I-20 A-B and I-20 M-N from the USCIS after being approved by the USCIS to accept foreign students. Foreign students cannot legally study at schools that do not issue Form I-20.

Student visa applicants must establish to the satisfaction of the consular officer that they have binding ties to a residence in a foreign country which they have no intention of abandoning, and that they will depart the U.S. when they have completed their studies. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

ADDITIONAL INFORMATION

Employment: An F-1 student may not accept off-campus employment at any time during the first year of study; however, the USCIS may grant permission to accept off-campus employment after one year. F-1 students may accept on-campus employment from the school without USCIS permission. Except for temporary employment for practical training, an M-1 student may not accept employment.

Family members: The spouse and unmarried, minor children may apply for an F-2 visa to accompany or follow the eligible student. Family members must meet all visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the student's program ends. Spouses and children of students may not accept employment at any time.

FURTHER INQUIRIES

Questions on how to obtain form I-20 A-B and I-20 M-N should be made to the educational institution. If the institution does not have the forms, it needs to contact the nearest office of the USCIS.

LIMITATIONS

Under a new law which became effective in November 1996, aliens can no longer obtain student visas to study in the U.S. at public elementary schools or public adult education programs. Aliens can attend public secondary schools (high school) for a maximum of 12 months, providing that the student reimburses the school for the full, unsubsidized cost of the education. Proof must be presented at the time of visa application that the cost has been paid. The new law affects attendance at public schools only; aliens may attend private schools at any level of study.

CAUTION

Even if your I-20 has not arrived before your departure date, DO NOT attempt to travel to the United States on the Visa Waiver Program and expect to be able to adjust status and attend school. You will likely be detained at the port of entry and/or returned to your country of origin.

For more information about U.S. legislation and policies affecting students in the United States, see the Congressional Research Service report "Foreign Students in the United States: Policies and Legislation."

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