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US Student Visas

The United States welcomes international citizens who come to the country to study. Hundreds of thousands of people come to the U.S. each year to pursue educational programs at different levels, for which a student visa is required.

US Student visas are issued only to students who will attend U.S. schools that have received prior approval from USCIS for enrollment of foreign students. Virtually all public and accredited private colleges, universities, and vocational schools have been approved.

Once you have chosen a school and the school has accepted you, it will issue you a certificate that you can use to continue with your immigration application. Most schools provide students with assistance and advice with the application process. However, if you have had trouble getting visas in the past, have ever overstayed a visa, are from a country thought to sponsor terrorism, or you just do not have the time to monitor closely the process and to be on top of deadlines, etc, assistance from an immigration attorney can be well worth the investment. Also, note that certain areas of study may bar you from entry on a student visa, depending on the planned course of study and its national security implications.

There are three types of student visas:

Academic Studies (F Visas)
Non-Academic Studies (M visas)
Academic Studies as an Exchange Visitor (J Visas)

To qualify for student visa, you must:

Have been accepted at a school approved by the U.S. government.
Be entering the U.S. as a bona fide student pursuing a full course of study.
Choose a school program that leads to an objective such as a degree, diploma, or certificate.
Have enough money to study full-time without working *. (*extenuating circumstances may be an exception.)
Be able to speak, read, and write English well enough to understand the course work. Alternatively, the school can offer special tutoring or instruction in your native language to help overcome any language barriers.
Prove that you intend to return to your home country when your program of studies is complete.

Length of a Student Visa

Commonly, people receive a visa from the U.S. consulate in their respective country. The visa may be valid for a year, or even five or ten years. It is a common misunderstanding that these issued visas permit you to remain in the U.S. for the length of time designated on your visa. The expiration date on any nonimmigrant visa, including a student visa, simply denotes how long you have the right to request entry to the U.S. It does not define how long you may stay in the U.S. once you arrive.

Both F-1 and M-1 entry student visas are usually issued for the anticipated duration of time it will take to complete your projected course of studies. Consulates will exercise their judgment in deciding the expiration date of the actual visa.

More importantly, when you enter the U.S. using a valid student visa, you will be provided with a small white card identified as an I-94 card. With all other types of nonimmigrant visas, a border officer will usually stamp the I-94 card with an expiration date as you enter the country, to inform you how long you are authorized to remain in the U.S. On the other hand, with a student I-94 card, principally for an F-1 student, it is more probable that the border officer will stamp the I-94 card with a “D/S,” for duration of status. This signifies that you may stay in the U.S. in student status for the duration of your educational objectives, provided you finish within what USCIS and your school deem a reasonable period of time.

Economic-Necessity-Based Work Permit Application

Generally, you are not allowed to work off campus, outside of the requirements of your student visa. However, under certain circumstances, you may be eligible to apply for permission to work based on economic need. An experienced attorney will know how to handle the case and will be able to increase your odds in getting a work permit in to provide or complement your financial source.

There are many factors involved in the US student visa application process. Our team of immigration attorneys offers in-depth knowledge about immigration matters and is dedicated to providing assistance to international students with all their immigration needs. We have helped thousands of clients with immigration cases in the past. Contact our immigration attorneys today when choosing your course of study and applying for a student visa.