|
|
|
F-1 STUDENT VISA The F-1 visa allows a student come to the US to attend an academic program as a full-time student. generally, a prospective student is issued a Form I-20 by their sponsoring school, and then applies for an the F-1 visa at a US consulate abroad. F-1 students are allowed to remain in the US for the time period required to finish their educational program, as determined by the school. Spouses and minor children (under age 21) may accompany the F-1 student on F-2 visas. Before obtaining an F-1 visa, a student must demonstrate to the consulate his or her nonimmigrant intent, i.e., that he or she will return to their home country at the end of their studies, an issue that can be problematic for some applicants. F-1 students must also demonstrate that they have enough resources to pay for the schooling and support themselves in the US without working (as discussed below, students have some limited work options, but these generally cannot serve as the basis for support during the schooling). Employment F-1 students may be entitled to limited work authorization. Enrolled F-1 students, as well as recently graduated foreign students, may be eligible to engage in "practical training" in the field in which they studied. There are two common types of Practical Training: Curricular Practical Training (CPT) and Optional Practical Training (OPT) . Curricular Practical Training (CPT) is issued to students currently enrolled on a full-time basis at an approved educational institution to obtain work experience in their field of study. CPT is only available after the first academic year of studies. CPT generally takes the form of alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school. The student often receives academic credit for this training. CPT is granted by the university and the student's Form I-20 is endorsed with the dates the student is eligible to work, as well as the number of hours per week. The school hen files a form (I-538 with the USCIS, to notify the agency of the work). A student with CPT must present an original Form I-20 indicating CPT approval to an intended employer before employment may lawfully commence. The student does not need to obtain BCIS approval for CPT work authorization. Optional Practical Training (OPT) is granted to students who wish to work in their field of study but are not going to work as part of their academic program. OPT is granted for a maximum of 12 months throughout the student's academic career. Students can work during their vacations or during the school year, or save OPT to be used after graduation. If working during the school year, the student is only permitted to work 20 hours a week. If used after graduation, OPT must be completed within 14 months of graduation. The OPT EAD application must be filed before the student graduates from the program. For OPT eligibility, the student must apply to the USCIS for an EAD card. the OPT employment cannot begin until actually receiving the EAD card. Under a recent rule, a student may use 12 months of OPT after completing a bachelor's degree program, then enroll in a graduate degree program and get another 12 months of OPT at the end of the graduate program.
DISCLAIMER
|
