Theta Law Firm, LLP | How to Obtain and Qualify for an M-1 Vocational Student Visa

How to Obtain and Qualify for an M-1 Vocational Student Visa

Qualifying and obtaining an M-1 Vocational 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 M-1 Visa in a timely fashion that will not disrupt your studies or goals.

Is the M-1 Visa for me?

The M-1 Vocational 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 in a vocational or other non-academic program[1]. The M-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:

• Vocational Program
• Other non-academic and non-language training program

M-1 Visa Eligibility & Application Requirements

The first and perhaps the most important requirement to beginning the M-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.

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).

M-1 Visa Filing Procedure

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

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 program 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, for a total maximum time of three years. 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 M-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.

Transferring to Another Program

An M-1 student is allowed to transfer to a different vocational program within the first six months of arriving in the United States. To transfer within the first 6 months the following conditions must be met:

If you have been in the United States for more than 6 months under and M-1 Visa and want to transfer to a different program, you will be denied unless the program experiences a significant situation that you cannot control (for example the program or school shuts down).

If you find yourself in a situation where you want to transfer to a different M-1 eligible vocational or other non-academic program, consult with an attorney at Theta Law Firm. A lawyer can make sure that you follow all the correct steps in transferring to the program you want, to follow the goals you have.

Can I Work With an M-1 Visa?

M-1 Visa students can only work after their course of study has been completed. This means that those with an M-1 Visa can only seek practical training employment after they have finished their program. As an M-1 Visa holder the time you are allowed to work after your program is finished is limited to six month and several requirements have to be met:

Talk with your designated school official (DSO) to make sure you have their approval. This is mandatory.
The work must relate to your area of study.
Can apply to do this work for 12 months at each education level.
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.
Then you will have to file Form I-765, Application for Employment Authorization[2] with fee to USCIS. After the paperwork is processed and you are approved, USCIS will send Form I-766, Employment Authorization Document.
You cannot work until you have received this document.
Again, you are allowed to work only after your studies have concluded and only in a position that is related to your area of study. The amount of time you can work is limited to 6 months.