F-1 Student Visas

F–1 visas are issued to students who will pursue a "full course of study", which USCIS regulations define as the following (with some exceptions):

• Postgraduate or postdoctoral study at a college, university, conservatory or religious seminary;
• Undergraduate study at a college or university consisting of at least 12 credit hours per term, except in cases where to finish the program the student does not need to take 12 hours in the last term;
• Study at a postsecondary institution that awards associate or comparable degrees, and whose credits are accepted by at least three other institutions of higher learning;
• Study in a language, liberal arts, fine arts, or other nonvocational training program requiring 18 hours of attendance per week (22 hours if laboratory work constitutes the dominant part of the course of study);
• Study in a high school, providing the foreign student attends the minimum class hours per week required for graduation;
• Study in an elementary school.

The most important requirement for the issuance of an F–1 visa is the demonstration of nonimmigrant intent. Students must maintain a residence abroad that they have no intention of abandoning and must demonstrate that they possess the financial resources to allow them to study without the need to engage in unauthorized employment.

Obtaining an I–20

For foreign students to obtain F–1 status, they must first receive a Form I–20 generated by the Student and Exchange Visitor Information System (SEVIS) and issued by a legitimate educational institution. Before the school can issue an I–20 the following conditions must be met:

• The student must have made a written application to the school;
• The school must have received the student’s academic record and evidence of financial support;
• The student must meet the school’s qualifications for admission, including any English language proficiency;
• The student must have been accepted by the school.

Applying for a Visa at a US Consulate

After the school issues the I–20, it sends it to the student abroad, who then applies for a visa at the local US consulate. To submit the visa application, the student must present the following documents:

• A passport valid for at least 6 months;
• Form I–20, provided by the educational institution;
• Form DS–160;
• Documents to prove that the student possesses adequate financial support and will return to the home country after the completion of studies;
• Receipt of payment of SEVIS fee.

In addition, first time student visa applicants are often required to appear for an interview at the local US embassy or consulate. Unless there are unusual circumstances, the visa will generally be issued within a few days of the application.

An F–2 visa may be issued to family dependents: spouse and children of the F–1 visa student holder. A parent of a minor child student may receive a B–2 visa to accompany the child.

A prospective student who has not yet decided on a school can request a B–2 prospective student visa and seek F–1 status once they are in the US. Note, however, that if a prospective student does not make his or her intentions clear at the time of entry, the USCIS could very well deny the request to change status.

How does White & Associates help?

White & Associates provides legal support to clients who are interested in studying full-time in the US and who need to obtain an F–1 student visa. Due to the stricter policies enacted by the US government following September 11, 2001, applicants will benefit from our legal experience to successfully complete all visa requirements. We help those who are applying for the first time, who are renewing their visas, who have received visa refusals, F–2 applicant dependents and B–2 applicant parents. It is particularly difficult for students to satisfy the burden of proving nonimmigrant intent – as evidenced by the 50% refusal rate for students at many consulates – and therefore applications for a student visa should be prepared thoroughly. White & Associates has helped many clients successfully obtain student visas and many students overcome visa refusals.