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F-1 status is granted to individuals coming to the United States to engage in academic studies. The alien must be coming to pursue a full course of study and have sufficient funds to pay the tuition and support yourself while in the United States.
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Application process :
The individual must be accepted to a qualifying school, authorized by the INS to accept foreign students and then obtain the appropriate I-20 from the school.
To apply at the consulate the prospective student must submit the appropriate forms and documents to the consular officer:
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Form DS 156, DS 157 (if applicable) and DS-158 applications
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A valid passport
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Form I-20 from the qualifying school
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Notarized Affidavit of Support from financial sponsor with accompanying documents
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Duration of Visa:
The F-1 visa is issued to the student by the consulate for the expected period of study and can be a multiple entry visa. Upon arrival in the US, the alien is issued an I-94 card which should be stamped with a departure date of "duration of status". This means that the F-1 student will be allowed to remain in the U.S. for the period of time it takes to complete the allowed course of study as stated on the I-20 form.
Any changes in schools or course of study needs to be approved by the INS for status to be maintained.
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Dependents
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The spouse and minor unmarried children of the F-1
visa holders are eligible for F-2 dependent status.
They may be issued the F-2 for the same period of
stay as the principal. The F-2 dependents may not
work in the United States but are permitted to attend
school. |
Employment
:
Employment may be authorized for F-1 student holders
in the following limited circumstances:
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On
Campus Employment : An F-1 student
may be employed on campus for a maximum
of 20 hours per week during the normal
school year and full time when school
is not in session, without obtaining permission
from the INS. The student is required
to obtain a letter from the foreign student
advisor at the school or another designated
school official stating that the student
is authorized to perform on campus work.
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Off
Campus Employment : A student who
has completed one full academic year and
is in good academic standing may be authorized
to work up to 20 hours of work per week
during school and full time when school
is not in session by obtaining a written
authorization from the foreign student
advisor or other designated officials
at the school on the I-20 or by obtaining
permission from the INS due to extraordinary
circumstances (such as death of a family
member providing support, unforeseen economic
changes, etc.) |
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Curricular
Practical Training : Work-study programs,
internships, cooperative education programs
offered in conjunction with school credit
are considered to be curricular practical
training. The qualify the student must
have been in valid F-1 status for 9 months
and is obtained by endorsement of the
school official or foreign student advisor
on the I-20 form. Work authorization is
not required from the INS. |
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Post
Graduation or Pre Graduation Practical
Training: Work study programs are
available to a student who has been in
good standing attending a full time course
of study for at least 9 months of study.
The student is permitted up to one-year
total of work for the entire period of
study in the United States, even if multiple
courses of study are undertaken. Only
a total of 1 year of practical training
is allowed. The authorization is granted
upon application to the appropriate INS
Service Center upon completion of form
I-765 and submission of the form, together
with the I-20 form bearing the recommendation
of the school official and payment of
the filing fee (currently $100). The work
authorization may be applied for at any
time but within at least 60 days after
graduation. |
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The use of this site constitutes acceptance of the fact that the information contained on this site is solely for general educational purposes and may not be considered as legal advice. Using the information on this site does not establish an attorney-client relationship. The information contained on this site should not be used to solve individual legal problems. A competent attorney should be contacted to discuss your specific individual legal problems. Every attempt is made to keep this site current, however because the immigration laws are constantly changing, some of the information on this site may be outdated. In no event will The Lamboley Law Firm, LLC be liable for any loss suffered, however caused, as a result of using this site or relying on the information contained on or linked to this site.

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