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Student Visas

• Who needs a student visa?
  All nonimmigrant foreign students must obtain a visa before applying for entry to the U.S. except Canadian citizens, for whom the requirement of a visa is waived.

• What is required to apply for the F-1 visa at a U.S. Consulate?
  

  In order to apply for the student visa, the student should present four different groups of documents. You must first have a completed I-20 form. This form is issued by the school you will be attending. It should be reviewed carefully before submitting it to a consular officer.

  • The form must be properly completed and signed by the school officials.

  • the I-20 must be issued by a school the consular officer is likely to have heard of and must have been certified by the INS to issue the I-20

  • There should be some a good reason for proposed study in the U.S. such as unavailability of the program of studies in the home country.

  Second your financial standing will be scrutinized. This is the focal point of many consular officers’ analysis. While in F-1 status, the student will not be able to engage in off-campus employment until he or she has completed an academic year. At Number 7 on the I-20 form, the school must articulate the amount of money needed for tuition, living expenses, dependents (if applicable), and other costs. Most schools will note the amount necessary to complete one academic year (usually nine months in duration).

  The applicant must present evidence of the ability to finance this first academic year with immediately available assets. This is done by submitting evidence of bank accounts, letters from the school verifying a grant or scholarship, or documents from sponsors. In some cases the consular officials may require proof of finances for the entire academic program rather than simply the first academic year.

  • Bank Account: Be aware of the fact that the consular officer may not be content to accept a one-time reading of a bank statement or bank manager’s letter, and may instead ask for proof of all account transactions over the past six months to a year. This is done to expose applicants whose accounts have suddenly "swelled" through the recent deposits of well-meaning family and friends and who do not have access to the full amount reflected in the current statement.

  • Grant or Scholarship: The applicant should present original evidence of the issuance of a grant or scholarship from the school or educational authority (such as a government or cultural organization).

  • Sponsorship: Whenever possible, the sponsor, if there is one, should be a member of the applicant’s immediate family. Consular officers will review very carefully evidence presented by sponsors who are not members of the applicant’s immediate family. In some cases the consular official may require a U.S. citizen sponsor to complete an Affidavit of Support or post a bond. When a sponsor is also a romantic partner, and a U.S. citizen, then issues of immigrant intent may complicate the process.

  Third, the applicant must complete the DS-156 application for a nonimmigrant visa along with the requisite fees and photographs. If there are accompanying family members, they must each submit a separate DS-156 with fees and photos. In addition, the primary applicant must present proof of the family relationship through original marriage and birth certificates.

  Finally, the student should also present a complete copy of any correspondence with the school. This evidence should include the original acceptance letter and any other correspondence which explains why this particular program of study and school were selected.

• What is Optional Practical Training (OPT)?
  

  Optional practical training is temporary employment for practical training directly related to the student's major area of study. It is a component of the student visa and is intended as practical training rather than as an opportunity to earn a salary. Optional Practical Training can be authorized at various times while the student is in valid student status.

  Typically, OPT may be authorized after completion of the course of study. However it may also be authorized while the student is on vacation and at other times when school is not in session if the student is currently enrolled and eligible only if the student intends to register for the next term or session.

  Optional Practical Training, as in the case of curricular practical training may be authorized while school is in session, provided that it does not exceed 20 hours per week while school is in session.

  OPT Eligibility and Rules:

  • The student must have been lawfully enrolled on a full-time basis at an INS approved school for 9 consecutive months before being eligible for OPT.

  • Students in English language training programs are not eligible for OPT.

  • Students may engage in OPT for any employer for the duration of OPT authorization, as long as the employment qualifies under OPT standards.

  • OPT is limited to a cumulative maximum of 12 months during any uninterrupted stay in F_1 status.

  • The optical practical training must be directly related to and appropriate to the level of the student's course of study.

  • Prior use of full-time Curricular Practical Training for one year or more eliminates eligibility for Optional Practical Training.

  • Use of part-time curricular practical training does not affect eligibility for Optional Practical Training.

  • The student must apply for and receive employment authorization from INS before beginning to work.

  Students must apply to INS for post-completion OPT no later than 60 days after completing their full course of study.