How to Obtain and Qualify for an F-1 Academic Student Visa


Qualifying and obtaining an F-1 Academic Student Visa is a complex and fact specific process and the information below is a general overview. Please consult with an attorney at Theta Law Firm with your specific facts. An attorney is vital to help those interested in studying in the United States, as well as their families, through the process of obtaining an F-1 Visa in a timely fashion that will not disrupt your studies or goals.

Is the F-1 Visa for me?

The F-1 Academic Student Visa allows an individual having residence in a foreign country to come to the United States in order to study as a full-time student. The F-1 Visa needs to be obtained if you plan to come to the United States and study as a full time student while attending any of the following:

  • University or College
  • High School
  • Private Elementary School
  • Seminary
  • Conservatory
  • Other Academic Institution
  • Language Training Program
F-1 Visa Eligibility & Application Requirements

The first and perhaps the most important requirement to beginning the F-1 Student Visa process, is locating, applying, and getting into a Student and Exchange Visitor Program (SEVP) certified school. A list of SEVP certified schools can be found here: http://studyinthestates.dhs.gov/school-search.

The following eligibility requirements must then be fulfilled once you have found, applied, and been accepted to the SEVP school of your choice:

    1. All students need to be proficient in the English language, or taking courses to obtain English language proficiency.
    2. You must be enrolled as a full-time student at the SEVP certified school you choose to attend.
    3. Your finances must be such that you can support yourself during the entire time you are studying in the United States.
    4. You must have a residence abroad that you do not intend on deserting either during or after your studies in the United States are complete.
Once you have been accepted into the school that you want to attend, you will be enrolled in the Student and Exchange Visitor Information System (SEVIS). You will have to pay a SEVIS I-901 fee (usually $200).

F-1 Visa Filing Procedure

You have found the school where you want to study and it is SEVP certified, now what?

    1. Your United States school that you choose to attend will mail you Form I-20 that you will need to bring with you to your visa interview. Make sure to review the information on the form to make sure that it is correct. Spouses and children under the age of 21 that are accompanying you and intend to reside with you will need their own separate Form I-20's.
    2. Schedule an interview at the United States embassy or consulate in the country where you live (those under 13 or older than 80 usually do not need to interview).
    3. You will need a valid passport for travel to the United States.
    4. Fill out and submit Form DS-160 Online Nonimmigrant Visa Application (can be accessed through https://ceac.state.gov/genniv/). Make sure that you keep the confirmation page that you will have to bring with you to the interview at the embassy or consulate.
    5. You will be required to upload a color photograph of yourself taken within the last six months when submitting Form DS-160. For more information regarding the photograph requirements please go to http://travel.state.gov/content/visas/english/general/photos.html
    6. Pay the current $160 application fee and any other fees that may apply.
    7. Then make sure you attend your F-1 Visa interview.
There may be additional documentation needed to determine your qualifications. This documentation may include transcripts, diplomas, proof of United States required test scores, and documentation on how you will pay for your school, travel, and living expenses. Contact an attorney at Theta Law Firm to help guide you through the process and advise you if there are any other requirements that you will need to meet.

Length of Stay

You will be allowed to enter the United States no more than 30 days before your school or courses start date. You have the ability to stay in the United States for a set duration period to finish the type of study program you applied for with the SEVP certified school. If you are a continuing student, you may renew your F-1 visa at any time as long as you have maintained your student status and all of the information in the SEVIS system is up-to-date. If you are outside of the United States and have not been attending classes for five months or more, you will have to apply for a new F-1 visa.

If you need help in renewing your Visa or obtaining a new Visa, an attorney can be extremely helpful in taking you through the application process.

Can I Work With a F-1 Visa

F-1 Visa students cannot work off-campus during their first academic year. However, they may obtain on-campus employment as long as several steps are undertaken.

  • Talk with your designated school official (DSO) to make sure you have their approval. This is mandatory.
  • After your DSO approves your request, you will get a letter of approval.
  • With the letter of approval from your DSO and a letter from your potential employer, you will be able to obtain a Social Security number, which is required if you want to work.
  • Once you have followed these steps and you obtain your Social Security number, you will be allowed to work no more than 20 hours per week during the academic year.
After the first academic year, F-1 Visa students can work off-campus through several programs:

    1. Curricular Practical Training (CPT)

      A. Work must relate to your major and must be a part of your study program
      B. If in graduate school, the DSO may allow this type of work during the first semester if the graduate program requires it.
      C. The DSO will provide you with Form I-20, Certificate of Eligibility for Nonimmigrant Student Status that shows you have been approved for this work.
      D. You can do this work full-time or part time.
      E. This work requires a cooperative agreement or letter from your employer.
      F. If you do this work full-time for 12 months or more you cannot do the optional practical training (OPT) work described below.
    2. Optional Practical Training (OPT)

      A. Work must relate to your major or course of study.
      B. Can apply to do this work for 12 months at each education level.
      C. The DSO will provide you with Form I-20, Certificate of Eligibility for Nonimmigrant Student Status that shows you have been approved for this work.
      D. Then you will have to file Form I-765, Application for Employment Authorization[1] with fee to USCIS. After the paperwork is processed and you are approved, USCIS will send Form I-766, Employment Authorization Document.
      E. You cannot work until you have received this document.
      F. While school is in session you are limited to 20 hours of work per week.
    3. Science, Technology, Engineering, and Mathematics Optional Practical Training (STEM-OPT)

      A. You may be able to work an additional 17 months if you meet the following criteria:

        i. You have already completed 12 months of OPT work at your particular education level, but the degree you are working on is a bachelor's, master's or doctoral degree in a science, technology, engineering or mathematics[2].

        ii. The employer you will be working for uses E-Verify.

        iii. You have never previously obtained the 17 month extension.
      B. If you meet the above requirements and are interested in pursuing the STEM-OPT, the DSO will provide you with Form I-20, Certificate of Eligibility for Nonimmigrant Student Status that shows you have been approved for this work.
      C. Then you will have to file Form I-765, Application for Employment Authorization[3] with fee to USCIS. After the paperwork is processed and you are approved, USCIS will send Form I-766, Employment Authorization Document.
      D. You cannot work until you have received this document.
      E. If you have timely filed your application for the extension, you may work on your expired Employment Authorization Document for the original OPT for up to 180 days while the extension petition is processing.
      F. Any changes of address or employment status must be reported within 10 days.
For more information regarding working with a F-1 Visa, feel free to visit http://www.ice.gov/sevis/employment/.

Family of F-1 Visa Qualifying Applicants

A spouse and any children under the age of 21 may accompany an F-1 student as long as they obtain F-2 status. Your school will have to issue your spouse and any children under the age of 21 a separate and individual Form I-20. Your children are allowed to attend school in the United States while they accompany you. However, neither your children nor your spouse may work in the United States while having F-2 status.

What If I Am A Vocational or Other Non-Academic Student?

If you are a student interested in pursuing a vocational or other non-academic program - you will not qualify for an F-1 Academic Student Visa. Instead, the M-1 Visa will be the appropriate avenue to pursue. You may also qualify for and be interested in a J-1 Exchange Visitor Visa. Please refer to the articles concerning M-1 and J-1 Visas. Consult with an attorney at Theta Law Firm if you need assistance determining the right Visa for you.


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[1] Form I-765, Application for Employment Authorization may be found at: http://www.uscis.gov/sites/default/files/files/form/i-765.pdf.
[2] For a list of approved programs go to: http://www.ice.gov/doclib/sevis/pdf/stem-list.pdf.
[3] Form I-765, Application for Employment Authorization may be found at: http://www.uscis.gov/sites/default/files/files/form/i-765.pdf.



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