| F-1 Academic Foreign Students
This category is for academic study in the United States.
A preliminary requirement is that successful completion of
the course of study will lead to the attainment of a specific
educational or professional objective. As a result, a full
course of study is generally required. The following situations
have been deemed to satisfy this requirement:
- Postgraduate study or postdoctoral study or research at
a college or university, or undergraduate or postgraduate
study at a conservatory or religious seminary, certified
by a designated school official as a full course of study.
- Undergraduate study at a college or university, certified
by a designated school official to consist of at least 12
semester or quarter hours of instruction per academic term,
except when the student needs a lesser course load to complete
the course of study during the current term.
- Study for at least 12 hours weekly, or its equivalent,
in a postsecondary language, liberal arts, fine arts, or
other nonvocational program at a school that confers associate
or other degrees or whose credits are accepted unconditionally
by at least three institutions of higher learning.
- Study in any other language, liberal arts, fine arts,
or other nonvocational training program, certified by a
designated school official to consist of at least 18 hours
of classroom attendance a week if the dominant feature of
the course is classroom attendance, and 22 hours weekly
if the dominant feature is laboratory work.
- Study in a primary or secondary school for not less than
the minimum number of hours prescribed by the school for
normal progress towards graduation.
The Illegal Immigration and Immigrant Responsibility Act (IIRAIRA)
of 1996 created new bars for foreign students seeking to attend
public primary and secondary schools and publicly funded adult
education programs in F-1 status. The law prohibits foreign
students from attending a public secondary school in F-1 status
unless the aggregate period in F-1 status does not exceed one
year and the alien reimburses the school for the "full, unsubsidized
per capita cost" of providing that education. A foreign student
in F-1 status who transfers from a private to a public school
may violate their status unless the above requirements are met.
The law applies to individuals who obtain F-1 student status
on or after November 30, 1996, or whose status is extended after
that date.
Before applying for the visa, the foreign student must first
contact the school that they wish to attend. The Designated
School Official (DSO) at the school will determine whether
the student meets the eligibility requirements for attendance.
Once the DSO is satisfied, the school issues a Certificate
of Eligibility on form I-20A.
Once the I-20A has been issued, the foreign student may
then apply for the visa at the consulate. It is possible to
apply for a change of status from another nonimmigrant classification
to the F-1 classification, but a recent INS rule has limited
the ability of foreign students to change their status in
the United States. As of April 12, 2002, in order to be eligible
to change status, the foreign student must notify the Immigration
Inspector upon admission that they intend to pursue a course
of study in the United States and to change to F-1 status
upon finding a suitable school. The Immigration Inspector
is then required to note “Prospective Student” on the foreign
student’s I-94 form.
Foreign students seeking F-1 status at a U.S. consulate
abroad must establish the following to the satisfaction of
the consular officer:
- That they have been accepted by an approved school in
the United States, evidenced by the certificate of eligibility
(Form I-20A), signed by the student;
- Possesses sufficient funds or have made other arrangements
to cover expenses; and
- Have sufficient scholastic preparation and knowledge of
the English language to pursue a full course of study, or
if the student's knowledge of English is inadequate, the
approved school has accepted him or her for study in a language
with which the student is familiar, or has made special
tutoring arrangements that are adequate to enable the student
to pursue a full course of study.
Once the visa is issued, the foreign student is eligible to
enter the United States for the duration of the course of study
or Duration of Status (D/S). Accompanying spouses and children
are entitled to F-2 status and are admitted for the same period
as the foreign student.
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