WORLD Law Direct Forums  



Go Back   WORLD Law Direct Forums > Wiki Articles > Law Wiki
REGISTER Legal Forms FAQ Calendar SEARCH Today's Posts MARK FORUMS READ

Law Wiki A collaborative article system where the collective wisdom of WORLDLawDirect members can be shared.

Consult Your Own Personal Lawyer Now!
 
AddThis Feed Button AddThis Social Bookmark Button
 
Article Tools Search this Article Rate Article Display Modes
  #1  

Default F-1 visa

The F-1 visa is the most common type of student visa in the United States. The Immigration and Nationality Act provides two non-immigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for non-immigrants wishing to pursue academic studies and/or language training programs. F-1 visa is given only through "academic" institutions. Vocational education is not included in F1 visa. For vocational education, an M visa should be obtained.

F-1 students are generally not permitted to work in the US without prior authorization from Citizenship & Immigration Services (USCIS). However, the USCIS may grant work authorization for Curricular Practical Training (CPT) and Optional Practical Training (OPT) and under certain extreme circumstances. Students are permitted to work for a total of 12 months towards practical training (eg. internship), which can be distributed between Curricular Practical Training (CPT) and Optional Practical Training (OPT), provided the student maintains a good academic standing. The student's academic and international office adviser must certify that the work is necessary towards the completion of his or her degree.

For tax purposes, a student on a F-1 visa in the US for less than 5 years is usually considered a non-resident. An individual on F-1 visa is exempt from paying Social Security and Medicare (FICA) taxes on their wages, but likewise may not receive benefits from those social programs.

F-2 (dependent) visas are given to families of an F-1 student. F-2 visa-holders are prohibited from any form of compensated employment. However, minor children may attend public schools.


 

Contents

[top]F-1 visa process



Benefits of the F1 Visa
  1. You can enter the U.S. as a fulltime academic or language student
  2. You can legally work part-time on-campus. You may also work off-campus if necessary
  3. You are eligible to take up employment as a part of your optional practical training
  4. You can travel in and out of the U.S. or remain in the U.S. till the completion of your studies
  5. You can bring your dependents (spouse and unmarried children under the age of 21) to live with you in the U.S.
  6. F1 visas are issued quickly


Requirements for the F1 Visa

To be eligible for an F1 visa, you must prove that:
  1. You have successfully completed a course of study normally required for enrollment
    Requirements for the F1 Visa
  2. You have been accepted for a full course of study by an educational institution approved by the U.S. Citizenship and Immigration Services (USCIS). The institution must send you a USCIS Form I-20A-B, Certificate of Eligibility for Nonimmigrant F-1 Student Status for Academic and Language Students
  3. You are sufficiently proficient in English to pursue the intended course of study, or the school you intend to attend has made special arrangements to teach you the English language or conduct the course in your native language

    Note: You may be exempt from this requirement if you intend to come to the U.S. to participate exclusively in an English language-training program
  4. You have sufficient funds to cover the first year of study, and access to sufficient funds to cover subsequent years
  5. You have a permanent residence in your home country, which you do not intend to abandon
  6. You intend to depart the U.S. upon completion of the course of study. You may establish this by presenting evidence of economic, social and/or family ties in your homeland sufficient to induce you to leave the U.S. upon completion of studies
  7. Your proposed education in the U.S. would be useful in your homeland, and therefore induce you to leave the U.S. upon completion of studies

Read more here... F1 Student Visa - Easily Apply Online


[top]Employment with F-1 Status



Four-year degree students in F-1 status are allowed to work on campus. You do not need prior approval from Immigrations or from the International Student Advisor in order to accept on-campus employment, if you have F-1 status. School policy does not allow students on mobility/exchange programs, however, to hold campus jobs.

Student employment opportunities are posted at the top of the Sculpture Ramp at the 800 Chestnut Street campus. Once you secure a job, you will need to apply for a Social Security number (SSN). US law says that you are allowed to begin work while your application for a SSN is pending. Your employer is also required to pay you on the regularly-scheduled payday, even if you have not yet received your SSN. If your employers tell you otherwise, ask them to contact your International Student Advisor, who will inform them as to their legal obligations.

On-campus employment is limited to a maximum of 20 hours per week while school is in session. During winter break, spring break and summer, you are allowed to work full-time. There are severe consequences if you work more than 20 hours per week, so do not do it. Most importantly, DO NOT WORK OFF-CAMPUS UNLESS YOU HAVE AUTHORIZATION! You can be deported, and even barred from returning to the US for ten years if you are discovered working illegally.


Off-Campus Employment

There are four categories of off-campus employment that are available to students in F-1 status. Each of these requires the authorization of your International Student Advisor, and in most cases, requires the approval of the US Citizenship and Immigration Services. These categories are:
  • Employment Based on Severe Economic Hardship
  • Employment with an International Organization
  • Curricular Practical Training
  • Optional Practical Training


Employment Based on Severe Economic Hardship

Immigration regulations allow F-1 students to work off-campus if they have been in F-1 status for one full academic year and have suffered a severe economic hardship that was beyond the student’s control and occurred after obtaining F-1 status. The student must present documentation as proof of the urgent need for employment. Examples of situations that have resulted in approval by CIS have included severe devaluation of the currency of the student’s home country or the country of the person providing financial support to the student, and loss of employment of the student’s parents.


Employment with an International Organization

F-1 students are allowed to work full-time with a US government-recognized international organization that is party to the International Organizations Immunities Act of December 29, 1945.


Curricular Practical Training (CPT)

CPT is defined as an “internship ... or practicum which is offered by sponsoring employers through cooperative agreements with the school.” Regulations require that the CPT must be “an integral part of an established curriculum.” CPT can be used to work off-campus in paid or unpaid positions. This requires the authorization of your International Student Advisor, and students must have completed at least one academic year, as well as have been in continuous F-1 status. While these types of opportunities have not previously been available to SFAI international students, we are working to develop a program that will. More information will be announced when a school policy has been created.


Optional Practical Training (OPT)

OPT is the most commonly known work authorization. As a benefit of your F-1 student status, you are allowed up to 12 months of off-campus employment that is directly related to your major. Although the vast majority of students prefer to use their OPT benefit immediately after graduation, there are other categories of OPT. All of these require the authorization of not only your International Student Advisor, but of the regional CIS Service Center. The three options of OPT are:
  • Part-time Pre-Completion OPT
  • Full-time Pre-Completion OPT
  • Full-time Post-Completion OPT


Part-time Pre-Completion OPT

You may work while you are still a student, during the school year, no more that 20 hours per week. Since you are not working a full schedule, this is the least desirable option; however, in some instances this may be for you. For instance, if you are certain you will be returning to your home country immediately upon graduation, you may wish to work part-time during your senior year. Be aware that you will lose some or all of your Post-Completion OPT if you choose this.


Full-time Pre-Completion OPT

You may work full-time hours while you are still a student, during summer or winter breaks. This is desirable if you have a rare employment opportunity you do not wish to pass up. If you choose this option, you may still do Post-Completion OPT, but you will lose a comparable amount of time from the 12 months available to you. For example, if a student receives Full-time Pre-Completion OPT for the three months of summer between his/her junior and senior years, he/she may still do Full-time Post-Completion OPT for nine months after graduation.


Full-time Post-Completion OPT

This is the option that the vast majority of students choose because it both maximizes their stay in the US and allows them to obtain the most on-the-job experience in their chosen field. Students apply several months before graduation and choose a start date that will take place after they have graduated. They are then allowed to work up to 12 months, full-time.


[top]Taxation for International Students



F1 Visa holders are under exempt tax status, for upto 5 years. So for the 5 years, they are considered Non Resident Aliens for Tax Purposes. They are exempt from FICA Taxes (Social Security and Medicare Taxes), and they need to file Tax Forms 1040NR And Form 8843.

There also Tax Treaty benefits depending on their Resident Country. Improperly withheld taxes in OPT,CPT can be refunded by filing Form 843.



[top]Discussion forum



Latest threads from the forum F-1 and J-1 Student Visas

 
  Thread / Thread Starter Last Post Replies Views
Keegang
06-16-2008 09:30 AM
by Unregistered Go to last post
1 681
Unregistered
06-11-2008 06:55 PM
by Unregistered Go to last post
0 60
SeekingAdvice :)
06-09-2008 12:20 PM
by SeekingAdvice :) Go to last post
0 63
libertas_amo
04-26-2008 01:23 PM
by sandra Go to last post
1 273
AshleyK32
04-24-2008 11:57 AM
by AshleyK32 Go to last post
0 179
Unregistered
04-08-2008 12:53 PM
by Unregistered Go to last post
1 159
greatark
03-28-2008 09:53 AM
by greatark Go to last post
0 223
Unregistered
01-26-2008 04:14 PM
by sandra Go to last post
1 353
Tina
01-11-2008 07:04 AM
by Unregistered Go to last post
1 408
snake211
12-17-2007 11:45 PM
by Unregistered Go to last post
5 981




[top]External links



OISSS: For International Students: F-1

Employment Guidelines for International Students

University of California Santa Cruz - Office of International Education - ISSS - UCSC VISA Policy

International Students

International students | california institute of the arts

Employment Options for F-1 Students

USCIS Website

Study in the USA - Sources of Financial Aid

Taxation for F1 Students

U.S. government website

VisaTaxesTM.com

Employment Opportunities - San Francisco Art Institute

UMDNJ - Office of International Services: F_1

ISS - Employment Options

Employment Regulations / Options

International Students - The Fletcher School - Tufts University




How to Update Wiki

The Law Wiki is still very new and so it's a great time to jump in and start updating it and learning how to use it. You really can't mess anything up, because all revisions are stored and can be rolled back by a moderator, so play away and you can help make this a great resource for WORLDLawDirect visitors.

« Previous Chapter   Immigration Law
  Next Chapter »

Contributors: wld_team, top_admin, sandra
Created by wld_wiki, 03-29-2008 at 02:38 PM
Last edited by wld_team, 06-16-2008 at 08:56 PM
0 Comments , 479 Views
 


Article Tools Search this Article
Search this Article:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Add Forum to Google Toolbar | Format Your Messages

Posting Rules

Similar Threads
Thread Thread Starter Forum Replies Last Post
K-1 visa wld_wiki Law Wiki 0 03-29-2008 11:55 AM
K3 visa/immigrant visa/immediate relative? NZAli Family-Sponsored Visas 1 10-08-2007 08:43 PM
e2 visa ebrar K-1 Fiance and K-3 Spouse Visas 1 09-21-2007 04:04 PM
Visa Number for April 2001 (USCIS Visa Bulletin) Omka Other Immigration Law & Visas 0 12-17-2006 03:40 PM


All times are GMT -4. The time now is 06:12 PM.


Top crime attorneys

Subscribe

Use of the Forums is subject to our Disclaimer which prohibits advertisements, solicitations or other commercial messages, and false, harassing or abusive statements. All postings reflect the views of the author but become the property of WORLD Law Direct. Questions and information submitted in the Forums are assumed inquiries for general information and not legal advice.

Copyright 2000-2008 by WORLDLawDirect.com, Inc.