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F-1 Student Visas

By: Jonathan N. Portner
Sameer Sidh
March 26, 2009

Foreign students who have always dreamed of being able to study in the U.S. may do so with an F-1 visa.  Unlike many other types of visas, the F-1 visa does not have a definite time period of validity, instead allowing the visa holder to remain in the U.S. for however long it may take to earn the degree or certification desired.  The F-1 visa holder may also be permitted to stay for an additional period of practical training related to their degree or certification, and receives the benefit of a 60-day grace period upon expiration of their visa in which to leave the country. 

A number of requirements must be met in order for a student to qualify for an F-1 visa.  First, individuals seeking an F-1 visa must be enrolled in an academic program.  Students who are in a vocational program, such as a program at a technical institute, are not permitted to seek an F-1 visa and instead must apply for an M-1 visa.  Second, the school that the student attends must be pre-approved by the government for attendance by foreign students.  As proof of approval by the government, the school that the student is enrolled in will issue Form I-20 to the student.  The vast majority of schools at the college level and above in the U.S. have government approval to enroll foreign students.  Third, the student enrolled must be a full-time student.  While what is considered by immigration to be a full-time student will vary based on the type of degree being sought, generally a student will be considered a full-time student if he or she meets the academic institution’s definition of full-time.

Fourth, an F-1 visa applicant must demonstrate knowledge of the English language sufficient enough to allow the intended student to pursue educational goals effectively.  Generally, this requirement can be met by passing an English proficiency exam such as TOEFL.   Fifth, an F-1 visa applicant must show that they possess adequate financial resources to support themselves during school without having to work.  This requirement can be the most difficult to meet, as the applicant must show the ability to cover all first-year expenses before being granted the visa.  Forms of evidence used to satisfy this requirement are generally in the form of sworn affidavits by parents and family promising to finance the student’s education, or proof of support by financial aid or scholarship.  Last, the applicant must demonstrate the intent to return home after completion of their studies.  Demonstration this intent is often done by presenting evidence of substantial ties to your home country, like ownership of property and other possessions abroad and family members being left behind.

A number of documents have to be prepared or gathered in order to apply for an F-1 visa.  All applicants must prepare form DS-156, which is the standard non-immigrant visa application, and form DS-158, which is a supplement required for students.  Additionally, many applicants will have to prepare form DS-157, which is used to gage the security risk the applicant could pose.  Form I-20 must be obtained from the school the applicant plans on attending, and can only be given to the applicant after the school has admitted the applicant for enrollment. 

Applicants also must submit proof that they meet the requirements for an F-1 visa discussed above.  Most of the proof submitted will relate to the applicant’s finances and intent to return to their home country after completion of studies.  Photographs and copies of the applicant’s passport must be included with the application. 
If you are or you know a foreign student interested in coming to the U.S. to study, seek the guidance of an experienced immigration attorney to help you through the F-1 visa process.