The F1 visa is a nonimmigrant (temporary) visa for foreign students coming to the United States to pursue full-time academic studying at a university, college, language training school, community college, religious seminary, high school, private elementary school, or conservatory (e.g., art school).
Practical training under the F1 student visa (commonly known as “OPT” or “CPT”) allows the foreign student to obtain hands-on experience in a workplace by applying the theoretical principles they learned during their educational program. In other words, F1 visa students can legally work in the United States during their OPT or CPT time.
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Table of Contents
A qualified F1 visa student must (1) be accepted into a full-time (usually 12 hours/credits per term) academic educational program at a qualified U.S. school, (2) have a foreign residence (home address) outside the United States to return to after completing their studies (which means the F1 visa student needs to show strong ties to their home country), (3) be able to financially support the costs of studying and living in the United States while on an F1 visa, and (4) have the appropriate level of English language skills to engage in their educational program.
F1 visa students can count 1 online class (or 3 credits) per academic term towards their minimum course load requirement (which is typically 12 hours/credits), however, no online classes are allowed for F1 visa students enrolled in English as second language training programs (ESL programs).
F1 visa students are allowed to reduce their course load to 6 hours/credits a term once per academic level. For example, once during undergrad and once while pursuing their master’s degree.
Medical Reasons
If the F1 visa student is reducing their course load because of medical reasons, they can reduce the course load usually for a total of 12 months (which can be periods of time added up) and they may even be able to reduce it to no course load during that time.
Final Term
If the F1 visa student is in their final term and their final term requires less than a full course load to complete their educational program, the F1 visa student may be able to reduce their course load.
Academic Difficulties
F1 visa students can also have their course load reduced once per educational program level if they are facing academic difficulties such as unfamiliarity with U.S. style teaching methods, difficulty with using the English language, or inappropriate course levels placements.
F1 visa students can work on campus when their educational program starts. The work can be located on school premises that provide services to students (e.g., student book store) or at an off-campus location that is educationally affiliated with the school by being associated with the school’s curriculum or related to contractually funded post-graduate (e.g., master degree) level research projects that is an integral part of the F1 visa student’s educational program.
The on-campus work authorization allows the F1 visa student to work part-time (20 hours per week) when school is in session and full-time when the school is not in session (e.g., school vacations or holidays). After the F1 visa student completes their educational program, on-campus work authorization will not be allowed anymore unless the F1 visa student obtains an OPT.
Working Off-Campus (Special Situations)
F1 visa students can work off-campus after completing their first academic year if (1) there is severe economic hardship that was caused by unforeseen circumstances beyond the F1 visa student’s control and (2) on-campus employment is unavailable or not enough to meet the needs of the situation.
The off-campus work can only be part-time (20 hours per week) when school is in session but can be full-time (40 hours per week) during school vacations or holidays.
Some examples of unforeseen circumstances beyond the F1 visa student’s control can include but are not limited to: large medical bills, natural disaster happened, the currency value of home country decreased substantially, loss of financial aid that was not caused by the F1 visa student, etc.
F1 Visa Student Employment Exception
The exception to the part-time work when school is in session is when there is a special student relief notice (usually only available for a specific period of time), such as F1 visa students who were affected by Hurricane Katrina in 2005 or Haitian F1 visa students who were affected by the earthquake in Haiti in 2010. Internships with international organizations can start before 1 full academic year.
F1 visa students who are working (earning money) in the United States should apply for a social security number (SSN) with the U.S. Social Security Administration (SSA) before work starts. It is commonly used for filing taxes, opening up bank accounts, and applying for credit cards
Annual Vacations
F1 visa students are allowed to take annual vacations which under the traditional semester system (that has Fall and Spring semesters) will be the summer break. Under trimester systems where there are three academic terms per year (that are 12 weeks per Fall, Spring, Summer term), the F1 visa student can choose to take 1 annual vacation per calendar year after they finish 1 academic year (which is 2 consecutive trimesters) of full-time studying.
Practical training under the F1 visa essentially allows the F1 visa student to work in a job that is related to the studies (e.g., related to the degree major) that they are pursuing in the United States. There are 2 types of practical training under the F1 visa: (1) the optional practical training (OPT) and (2) the curricular practical training (CPT). The CPT is used when the F1 visa student is still attending school and the OPT is typically used after the F1 visa student has graduated from school.
The F1 visa student should be continuously enrolled with the school to maintain their OPT and CPT eligibility. If the F1 visa student transfers to another school or begins their study at another education level, their current OPT or CPT will be automatically terminated.
＊Practical training is not available for F1 visa students enrolled in ESL programs (English as second language training programs).
Curricular Practical Training (CPT)
Curricular practical training (commonly known as “CPT”) is for internships or externships that are a part of a class within their educational program and the F1 visa student can start using their CPT as soon as school starts if their educational program requires them to immediately participate in practical training as a part of their curricular (courses).
CPT Time
The CPT can be used for part-time work (i.e., 20 hours or less per week) or full-time work (i.e., over 20 hours per week). F1 visa students who only use their CPT on a part-time basis can still be eligible for the full amount of OPT time after graduation (typically 1 year for most F1 visa students or 3 years for F1 visa STEM students) whereas F1 visa students who use their CPT to work full-time for 12 months (or more) will not be eligible for OPT after graduation.
Optional Practical Training (OPT)
Optional practical training (commonly known as “OPT”) is for F1 visa students to work in any job that is directly related to the student’s major area of study. The earliest an F1 visa student can start using their OPT time is after studying at the school for 1 full year academic year which is (1) 2 semesters under the semester system, (2) 2 trimesters under the trimester system, or (3) 3 quarters under the quarter system.
OPT Time
The OPT time can be used (1) when the school is not in session (such as holidays, winter break) and during annual vacation time (such as summer break in semester systems), (2) during the time that the school is in session (during the semester) if the time spent using the OPT is not over 20 hours per week (e.g., part-time job), or (3) after completing the educational program (i.e., after graduation or finishing all required classes for the degree-the F1 visa student does not need to finish their thesis or its equivalent to qualify).
Type of Work For OPT
The type of employment allowed under the regular F1 visa OPT includes:
- Part-time (20 hours per week) work or full-time (over 20 hours per week) work
- Work for more than 1 employer (can also be multiple short-term employers)
- Work for hire (independent contractor, 1099 MISC employment)
- Employed through a temporary staffing agency or consulting firm that arranges labor for hire work
- Self-employed as a business owner which means the F1 visa student can start a business and be self-employed as the owner (this is not allowed during the STEM OPT period)
- Unpaid or volunteer work
OPT 90 Day Unemployment Rule
The F1 visa student cannot be unemployed for a total of 90 days during the post educational program OPT (e.g., the OPT time after graduation or finishing required classes for the degree) which in most cases means maintaining a part-time job (20 hours per week) to be seen as being employed under the F1 visa.
Regular CPT & OPT Time
For most F1 visa students, the maximum amount of time allowed for practical training is 1-year and any time spent using the CPT and/or OPT will be counted toward that maximum 1-year limit. In other words, the CPT time and OPT time used will both be added towards the total amount of time allowed for the practical training under the F1 visa in most cases. The exception to this is part-time CPT work before graduation because part-time CPT work does not count towards the maximum 1-year limit of practical training under the F1 visa.
For example, if the F1 visa student (who is only allowed 1-year practical training time) uses 3 months of part-time CPT during school time, 2 months of full-time CPT during their summer class and 1 month of OPT time during their last semester in school, the student will only have 9 months of OPT time left after graduation.
The calculation in the scenario above:
12 months
-2 months
Minus (-) 1 month
9 months
Maximum time allowed for practical training under the F1 visa
Full-time CPT during summer
OPT during last semester in school
OPT time allowed after graduation
12 months
Maximum time allowed for practical training under the F1 visa
-2 months
Full-time CPT during summer
OPT during last semester in school
Minus (-) 1 month
OPT time allowed after graduation
9 months
12 months
Maximum time allowed for practical training under the F1 visa
-2 months
Full-time CPT during summer
Minus (-) 1 month
OPT during last semester in school
9 months
OPT time allowed after graduation
For F1 visa students in the field of science, technology, engineering, or mathematics (STEM), the OPT can be up to 3 years which is consisted of an initial regular 1-year (12 months) period and an additional STEM OPT extension that can be up to 2 years (24 months).
STEM OPT Extension
The STEM OPT extension (24 months) can only be given to the F1 visa student twice (2 times) in a lifetime and the second STEM OPT extension (24 months) can only be given after they finish their next academic level (higher level) educational program. For example, the first STEM OPT is given after the F1 visa student obtains their master’s degree and the second STEM OPT is given after the F1 visa student finishes the required classes of their Ph.D. degree.
Qualified F1 Visa STEM Student
A qualified F1 visa student for the STEM OPT extension must have a bachelor’s degree, master’s degree, or doctoral degree with a major or dual-major in a STEM area (which means a minor in a STEM area is not enough) from an accredited U.S. school.
Typically, the STEM fields include areas that involve research, innovation, or development of new technologies using mathematics, engineering, computer sciences, or natural sciences (e.g., biology, agricultural, physical sciences). The list of fields that are covered under the STEM program can be viewed here.
Qualified F1 Visa STEM Student
The types of employment allowed under the F1 visa STEM OPT include:
- Working for an employer that is enrolled in E-Verify and has a completed training plan (Form I-983)
- Working for more than 1 qualified STEM OPT employer
STEM OPT Compensation
All compensation (which can include tuition waivers, transportation, and housing) during the STEM OPT period must be paid through the employer itself and payment cannot be through sole proprietorships, temporary staffing agencies, or consulting firms that provide arrangements for labor for hire due to these scenarios being seen as not having a bonafide employer-employee relationship. Additionally, F1 visa students cannot volunteer during the STEM OPT period.
STEM Students with Non-STEM Advanced Degree
The STEM OPT extension is also available to F1 visa students who (1) have recently finished an advanced non-STEM degree, (2) have already obtained a STEM degree prior to this most recent advanced non-STEM degree (the previous STEM degree must be at least a bachelor’s degree obtained from a SEVIP-certified and accredited U.S. school within the past 10 years to qualify), and (3) the OPT job must be directly related to the previous STEM degree.
For example, an F1 visa student with a bachelor’s degree in engineering who has now finished their MBA degree is allowed to apply for a STEM OPT extension if the job under the OPT is directly related to engineering (previous STEM degree).
F1 visa students are allowed to enter the United States within 30 days before their educational program start date. In most cases, F1 visa students are admitted for D/S (duration of status) and are given a 60-day grace period of authorized stay in the United States after they complete their educational program or when their OPT employment ends.
F1 visa students who cannot finish their studies on time must file for an extension before their educational program’s end date. Extensions of the F1 visa status can be approved if the delay in finishing the study is because of academic or medical difficulties such as unexpected research problems, a change of research topic or major, or illnesses.
For most F1 students (not including students in English as second language training programs), the maximum amount of time allowed for practical training is 1-year and any time spent using the CPT and/or OPT will be counted toward that maximum 1-year limit.
In other words, the CPT and OPT time are both added to that total amount of time allowed for the practical training. For example, an F1 visa student (who is only allowed 1-year practical training time) uses 2 months of OPT time during a summer break will only have 10 months of OPT time left after graduation.
The exception to this is part-time (20 hours or less) CPT work during school that does not count toward the maximum limit of the F1 visa student’s allowed practical training time.
OPT Validity Time Frame
The time frame that the OPT can be possibly issued for is limited to 14 months within the F1 visa student’s educational program end date (i.e., the expiration date of the OPT can only be issued as far as 14 months from the educational program end date). In other words, an F1 visa student who wants to be able to use up the whole 1-year OPT must have an approved OPT start date no later than the 2-month mark after the educational program end date.
For example, if an F1 visa student’s Master degree program ended on May 20, 2021 then the last date they can possibly be allowed to use an OPT would be July 20, 2022 (i.e., 14 months from their educational program end date) and they would need to obtain an approved OPT start date (on their EAD card) of July 20, 2021 to use up their entire 1 year of OPT time. Reasons that can cause F1 visa students to not be able to use up their entire 1-year of OPT time can include delays in USCIS processing the EAD card or later filings by the F1 visa student.
F1 visa students in the field of science, technology, engineering, or mathematics (STEM) can obtain practical training time up to 3 years which typically means they would obtain a regular 1-year (12 months) period of OPT time and then an additional 2 years (24 months) of STEM OPT extension time.
Second OPT’s (i.e., a new 1-year period of OPT) can only be given if the F1 visa student changes into a higher-level educational program. For example, an F1 visa student who spends 1 year in OPT after obtaining their bachelor’s degree level from a U.S. college then enrolls in a graduate program to obtain a master’s degree will be eligible for a new 1-year period of OPT time.
STEM OPT extensions (i.e., 24 months extensions) can only be given after the F1 visa student finishes a higher academic level educational program and it can only be given two times in the F1 visa student’s lifetime. For example, the F1 visa student uses their first STEM OPT after obtaining their bachelor’s degree and then uses their second STEM OPT after obtaining their master’s degree but will be denied a third STEM OPT after finishing their Ph.D. degree because F1 visa students are only allowed to be given 2 STEM OPTs in a lifetime.
The evidence provided to the U.S. consulate or embassy for the F1 visa academic student must show:
- (A)
- The foreign student is eligible to study full-time at an accredited U.S. school
- (A)
- The foreign student is eligible to study full-time at an accredited U.S. school
- Passport (that will remain valid for at least 6 months from the date entering the United States)
- Nonimmigrant visa application (Form DS-160)
- Receipt of the SEVIS fee (Form I-901) payment
- Certificate of Eligibility (Form I-20)
- Letter of admission
- Two passport style photos
- Reciprocity fees may be required from certain countries
- Past academic records (e.g., transcripts, diplomas, degrees, certificates)
- (B)
- The F1 visa holder has sufficient English skills to participate in the academic program
- (B)
- The F1 visa holder has sufficient English skills to participate in the academic program
- TOFEL, IELTS test scores
- Educational records (e.g., degrees, diplomas, transcripts, certificates)
- (C)
- The F1 visa holder has sufficient English skills to participate in the academic program
- (C)
- The F1 visa holder has sufficient English skills to participate in the academic program
- Bank statements
- Tax returns
- Documents that show financial support from a third party (e.g., family funds)
- Deeds, property titles
- Mortgages
- Leases
- Documents that show family or community ties to home country
＊There may be specific requirements for different U.S. embassies and consulates.
Documents that will generally be required to apply for the OPT with the USCIS include:
- Two U.S. passport style photos (taken within 30 days and name should be written on the back)
- Passport identification page & F1 visa page
- Application for Employment Authorization (Form I-765) & Application fee
- A copy of the Form I-20 that has the OPT notation on it
- Arrival and departure record (Form I-94)
- E-notification of application/petition acceptance (Form G-1145)
- Copy of previous EAD cards (front and back)
The U.S. school’s international student’s department should provide detailed instructions, checklists, and support from DSO’s with issues related to the F1 visa student’s OPT applications.
Documents that will generally be required to apply for the social security number (SSN) with the SSA office include:
- Form I-20 (with the appropriate CPT or OPT notation)
- Passport (valid and unexpired)
- Arrival and departure record (Form I-94)
- Job offer letters
- Employment Authorization (EAD card) if it is employment-based on OPT
There are 3 main steps in the general process of obtaining the F1 visa:
Step 1: Acceptance by U.S. School & SEVIS Account
The F1 visa student must first apply to and be accepted to a qualified academic school in the United States. After acceptance, the U.S. school will send instructions to the F1 visa student on what they will need to do to proceed.
Typically, the process will start with the U.S. school filing a Certificate of Eligibility (Form I-20) for the F1 visa student’s SEVIS account (Student and Exchange Visitor Information System). The F1 visa student must then sign up for their SEVIS account online and pay a fee to submit their student visa application (Form I-901).
Step 2: Interview at U.S. Consulate or Embassy
The F1 visa student will schedule an in-person interview at the U.S. consulate or embassy (typically) in their home country. If the F1 visa student is approved at the end of the in-person interview, their passport will be taken and an F1 visa stamp will be put into it. The passport with the new F1 visa stamp will usually be ready in a few days to be picked up or mailed to the F1 visa student’s home address.
Step 3: Start Classes in the United States & Maintain F1 Visa Status
After arriving in the United States, the F1 visa student must report to the U.S. school and attend classes to maintain their F1 visa status. F1 visa students typically can take 1 online class that counts towards their minimum credit requirement each academic term and can reduce their course load once per academic level. F1 visa students must also remember to update their home address in the United States with their U.S. school within 10 days of moving.
There are 4 main steps in the general process of obtaining an OPT under the F1 visa:
Step 1: Job Offer that is Directly Related to Major of Study
The F1 visa student should obtain a job offer for a position that is directly related to the major of their study (degree). If the job description does not clearly show how the work will be related to the F1 visa student’s degree, a signed explanation letter from the supervisor, manager, or hiring staff of the U.S. employer should be provided.
STEM OPT Extensions
The employers of students under the 2-year (24 months) STEM OPT extension must additionally (1) be enrolled in E-Verify with USCIS, and (2) complete the Training Plan for STEM OPT Students (Form I-983) which must be provided to the school’s designated school official (DSO).
Step 2: OPT Application with School
The F1 visa student would go through an internal application procedure set by their school (typically with the international student’s department) to have a designated school official (DSO) enter an OPT recommendation on their SEVIS record and obtain a signed Form I-20 that notates the OPT. The requested start date of the OPT should be a date that is within 60 days of the F1 visa student’s educational program end date.
Step 3: Filing OPT Employment Authorization (or STEM OPT Extension) with USCIS
After the F1 visa student obtains the Form I-20 that notates the OPT recommendation from their school, they must then file an employment authorization application (Form I-765, commonly known as the “EAD card”) for their OPT with the USCIS which should be done (1) within 30 days of completing the internal OPT application with the school (the date that the OPT is notated in the SEVIS record) and (2) within the time period of 90 days prior to the educational program’s end date to 60 days after the educational program’s end date (which means the earliest the OPT can be filed with the USCIS is 90 days before the educational program’s end date and the latest it can be filed is 60 days after the educational program’s end date).
OPT Work Start Date
The F1 visa student must receive the USCIS approval notice of their OPT employment authorization application (i.e., their approved EAD card) to start working legally. The date that the F1 visa student may start working on their OPT can be (1) the start date approved by the USCIS or (2) the date that the OPT employment authorization application with the USCIS was approved (which may be a later date than the date they requested due to delays in processing time).
For example, the F1 visa may have an approved OPT start date of October 1 even if they requested for a start date of September 1 because of processing delays with the USCIS (which means that the F1 visa student can only start working on October 1 in this case even if they asked for September 1 as their start date).
STEM OPT Extensions
For STEM OPT extensions, the F1 visa student should file an employment authorization application (Form I-765) for their OPT with the USCIS which should be done (1) within 60 days of completing the internal STEM OPT extension application with the school (the date that the STEM OPT extension is notated in the SEVIS record) and (2) within 90 days prior to the current OPT’s expiration date. The start date of the STEM OPT extension will be on the day after the initial (current) OPT expiration date regardless of when the STEM OPT extension is actually approved.
Additionally, if the STEM OPT extension application (Form I-765) was filed while the F1 visa student’s current OPT was still valid (which means it was not filed during the 60-day grace period), the F1 visa student can continue to work for up to 180 days (even if the current OPT later expired) while the STEM OPT extension application (Form I-765) is still pending.
Step 4: Maintenance of OPT (or STEM OPT Extension)
F1 visa students should be continuously enrolled with the school to maintain their OPT and CPT eligibility. When the F1 visa student transfers to a different school or begins to study at another education level, their current OPT or CPT will be automatically terminated.
STEM OPT Maintenance Documents
F1 visa students during their 2-year STEM OPT extension must additionally provide (1) validation reports that confirm certain information of their employer has not changed every 6 months, (2) a self-evaluation report on the progress of their training goals within 12 months of their approved STEM OPT extension start date, and (3) a self-evaluation report within 10 days of the end of their employment or reporting period. The self-evaluations reports (Form I-983) must be signed by their employer.
OPT Unemployment Rule
The F1 visa student cannot be unemployed for more than a total of 90 days (or 150 days for STEM students) during their OPT and should report back to the school within 10 days of any changes in their OPT employment (e.g., name or address changes of employer, or job termination). The F1 visa student must work at least part-time (20 hours per week) to qualify as being employed.
The 90 days (or 150 days for STEM extensions) of unemployment during the F1 visa student’s OPT time are added up so it does not matter whether the days of unemployment were consecutive or not. Days of unemployment will still be counted even if the F1 visa student is not physically in the United States (e.g., traveling overseas for vacation while unemployed).
There are 2 main steps in the general process of obtaining a social security number (SSN) under the F1 visa:
Step 1: Obtain Job Offer Letter (On-Campus & Off-Campus Employment, CPT, OPT)
The F1 visa student must first have an offer letter for an on-campus (or off-campus) job or a job based on CPT or OPT. The employment letter typically will be printed on the department (or company) letterhead and include the job title, start date, work hours per week, the supervisor’s title and phone number, and the signature of the hiring person.
Step 2: File the Social Security Number Application with the SSA Office
The F1 visa student should file the social security number application with the Social Security Administration office no more than 30 days before the employment start date (which means filing earlier than 30 days before the job starts may result in a denial).
The total time an F1 visa takes is usually related to the appointment time of the student visa application at the U.S. consulate or embassy overseas (if the person is not already in the United States or is ineligible to do a change of status within the United States) which can vary among different countries and seasons. Estimated appointment wait times can be checked here.
OPT Processing Time
The total time an OPT application takes is consisted of the processing time for (1) the school to enter the OPT recommendation into the F1 visa students SEVIS record and provide the F1 visa student with a signed Form I-20 that notates the OPT, and (2) the EAD card application (Form I-765) with the USCIS which can be filed from 90 days before to 60 days after the educational program’s end date.
The requested start date to use the OPT should be a date that is within 60 days of the F1 visa student’s educational program end date. Typically, it should take a few days for the school to process the OPT recommendation on the Form I-20 and around 3 to 4 months to receive the EAD card (Form I-765) from the USCIS.
Please note, the F1 visa student cannot start working before their approved OPT start date or the date that their OPT employment authorization application with the USCIS is approved (which may be a later date than the date they requested due to delays in processing time). The period of time the F1 visa student can legally work in the United States is dictated by the start date and end date notated on their EAD card issued by the USCIS.
Factors that may influence the processing time of the F1 visa (or OPT application) usually include but are not limited to the school’s internal processing checks, any Request for Evidence (“RFE”) issued, and the caseload of the USCIS service center and the U.S. consulate or embassy.
Changes in the F1 visa student’s school or OPT work usually includes (1) the student will be transferring into a new school or a new educational program, (2) the student is withdrawing from school, (3) the student will be changing to a new employer during their OPT, or (4) there was a material change in the student’s F1 visa eligibility.
Change (or Transfers) in School or Educational Program
F1 visa students transferring between schools (or educational programs) are only allowed to stay in the United States during the transferring time if the classes at the new school or educational program starts (1) within 5 months of the date that the F1 visa student transferred out of the old school (or educational program), or (2) within 5 months of the educational program end date of their old school (current school on their Form I-20), whichever is earlier.
Withdrawing From School
F1 visa students who are authorized by the DSO to withdraw from the school are given a 15-day grace period to depart the United States and their SEVIS record can be reactivated if they resume their study within 5 months of their authorized early withdrawal (which means they do not need to pay for a new SEVIS I-901 fee and I-20).
STEM OPT Extension Change in Employment
If the F1 visa student under the 2-year STEM OPT extension changes to a new employer, a new Training Plan for STEM OPT Students (Form I-983) must be provided to the school’s designated school official (DSO) within 10 days of starting to work for their new employer.
F1 visa students who fall out of status can be subject to removal if:
- (1)
- They are not pursuing a full course of study (e.g., dropping credits below a full course of study without being approved by their DSO)
- (1)
- They are not pursuing a full course of study (e.g., dropping credits below a full course of study without being approved by their DSO)
- (2)
- Transfers schools without permission
- (2)
- Transfers schools without permission
- (3)
- Fails to finish their study in time and is not eligible to extend the educational program (e.g., the degree is expected to be completed in 3 years based on their Form I-20 but the F1 visa student still needs 1 year and was not able to obtain an extension with the USCIS)
- Fails to finish their study in time and is not eligible to extend the educational program (e.g., the degree is expected to be completed in 3 years based on their Form I-20 but the F1 visa student still needs 1 year and was not able to obtain an extension with the USCIS)
- (4)
- Worked illegally
- (4)
- Worked illegally
The DSO will report the F1 visa student’s out of status violation within 21 days by terminating their SEVIS record and the F1 visa student will be required to depart the United States immediately.
Reinstatement Requirements
F1 visa students who have fallen out of status can reinstate (restore) their F1 visa status by filing an Application to Extend/Change Nonimmigrant Status (Form I-539) with the USCIS if:
- (1)
- The F1 visa student was not out of status for over 5 months
- (1)
- The F1 visa student was not out of status for over 5 months
- (2)
- There is no record of repeated or willful violations of U.S. immigration law
- (2)
- There is no record of repeated or willful violations of U.S. immigration law
- (3)
- The F1 visa student is still pursuing or plans to pursue their full course of study
- (3)
- The F1 visa student is still pursuing or plans to pursue their full course of study
- (4)
- The F1 visa student is not deportable other than being currently out of status
- (4)
- The F1 visa student is not deportable other than being currently out of status
- (5)
- The F1 visa student has not been working illegally
- (6)
- The F1 visa student is out of status because of circumstances beyond their control (e.g., injury, illness, negligence by the DSO, violation is related to a reduction in the course load which the DSO would have power to authorize, the educational school closed down, or natural disaster)
- (6)
- The F1 visa student is out of status because of circumstances beyond their control (e.g., injury, illness, negligence by the DSO, violation is related to a reduction in the course load which the DSO would have power to authorize, the educational school closed down, or natural disaster)
Dependent family members (spouse and unmarried children under 21 years old) of F1 visa students are allowed to stay in the United States under the F2 visa status for the same duration as the F1 visa student. The F2 family members cannot legally work in the United States, however, the F2 child can enroll in elementary schools and secondary schools (e.g., middle school and high schools).
For F2 visa spouses and children who have finished high school, they can only (1) enroll in a SEVP-certified school and take less than a full-time study (typically taking a course load of less than 12 credits per academic term), or (2) change into their own F1, M1 or J1 visa status to study full-time.
F2 visa family members must each obtain a Form I-20 from the F1 visa student’s school if they are not coming to the United States together with the F1 visa student at the same time (which means F2 visa family members coming to the United States with the F1 visa student at the same time does not need to obtain individual Form I-20s).
Dual intent visas allow the foreign person to have both an intent to temporarily stay in the United States and an intent to permanently stay in the United States. The intention to permanently stay in the United States can be shown when the foreign person has a pending green card petition with the USCIS or an approved PERM labor certification from the U.S. Department of Labor.
The F1 visas are not dual intent visas which means that the timing of any green card application or petition must be carefully strategized because having dual intention (which is possessing an immigrant intent and a nonimmigrant intent at the same time) is not allowed for F1 visa students. The F1 visa students are only allowed to have nonimmigrant intent.
Immigrant Intent Shown Under F1 Visa
Showing an immigrant intent can cause issues with the F1 visa student’s eligibility to renew (extend) their visa or apply for other nonimmigrant (temporary) visas to travel to the United States. For example, an F1 visa renewal (extension) will likely be denied if the F1 visa student has a green card petition pending (which shows immigrant intent).
Another issue that may arise when the F1 visa student shows an immigrant intent is when they return to the United States after traveling internationally. For example, an F1 visa student who has a pending green card application may likely be denied admission into the United States by the CBP officers at the border (e.g., airport) because it is likely that the CBP officer will not believe that the F1 visa student is just planning on staying in the United States temporarily.
So, unlike people under visas (e.g., H1 visa, L1 visa) that allow dual intention, F1 visa students in most cases should avoid traveling internationally after they have filed for an adjustment of status (which shows immigrant intent) to change into their green card status and should be highly cautious of traveling internationally after they have a pending green card (immigrant visa) petition.
The F1 visa is the most common student visa for foreign students that are coming to study in the United States. The main purpose of the F1 visa is to allow foreign students to pursue academic studying in the United States and should not be used for any other purposes (i.e., it is not designed to be used as a work visa).
The main alternatives to the F1 student visa would be the M1 visa for students that are enrolled in vocational educational programs (or nonacademic educational programs) and the J1 visa which can be for summer work travel students, high school exchange students (who will be living with an American host family or enrolled in a boarding school), and college or university level exchange students (who are usually financially funded by a government or sources that are not themselves and may be subject to a 2-year foreign residence requirement).
The most common route (i.e., this is not the only way) an F1 visa student takes to transition into a green card holder would look like the following:
- Step 1:
- The F1 visa student works for a U.S. employer throughout their OPT.
- Step 2:
- The U.S. employer files an H1B visa (i.e., a temporary work visa) for the F1 visa student to continue working in the United States.
- Step 3:
- Before the H1B visa is used up (i.e., maximum of 6 years), the U.S. employer files a green card petition for the F1 visa student (now an H1B visa worker).
- Step 4:
- The green card petition is approved and the person changes into a green card holder visa status to work and live permanently in the United States.
- Step 5:
- After 5 years, the person can then choose to naturalize into a U.S. citizen (i.e., obtain a U.S. passport).
F1 Visa Student Transitions Into Green Card Holder Without H1B Visa
Please note that a green card can be filed for an F1 visa student even if they are still in school or during their OPT period. In other words, F1 visa students do not have to transition into an H1B visa worker for a U.S. employer to sponsor their green card (which is a common misunderstanding). However, F1 visas currently are not dual intent visas which means that the timing of any green card application or petition must be carefully strategized because it will likely affect any subsequent nonimmigrant visa applications or extensions (renewals).
Most People Can Be Eligible For A Green Card
A foreign person can be sponsored for a green card by a U.S. employer even if (1) they have never been in the United States and (2) have never worked for that U.S. employer before. For example, a U.S. company can sponsor an engineer from Taiwan even if the person has never been to the United States before in his lifetime and has never worked for that U.S. company before.
Other Ways for F1 Visa Students to Obtain A Green Card
Other common routes for an F1 visa student to transition into a green card holder would include:
- Getting married to a U.S. citizen or green card holder
- Being sponsored by a U.S. employer for an employment-based green card while they are still on their F1 visa (or on their OPT)
- Filing an EB1a green card or an EB2 green card with a national interest waiver application by themselves (i.e., does not require a U.S. employer to sponsor the green card for them)
- Having certain family members sponsor a green card for them
- Investing in a U.S. business
If you have a F1 visa related immigration question, please fill out our form first or send us an email with the required information and we will do our best to respond in 48 hours.
How we can help?
Most F1 visa issues can be solved by contacting the U.S. school’s international student’s department, however, we are here to help when issues cannot be simply resolved by the DSO and requires the skills of a U.S. immigration attorney. We can help with questions such as issues related to F1 visa or F2 visa extensions, CPT, OPT, STEM OPT extensions, changes between visas, the H1B visa cap-gap, filing reinstatement when the F1 visa student falls out of status, and planning for future nonimmigrant visas (H1B visas) or green card applications (or petitions).
What does the typical process look like to retain (hire) us?
- Step 1:
- Step 2:
- Step 3:
- Step 4:
- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
- Step 1:
- Step 2:
- Step 3:
- Step 4:
- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
- Step 1:
- Step 2:
- Step 3:
- Step 4:
- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
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