F-1 STUDENT VISA


	LAW OFFICE OF AJAY K. ARORA Empire State Building 350 Fifth Avenue, Suite 2806 New York, NY 10118 Phone: (212)268-3580 Fax: (212)268-3582 Email: info@h1b1.com

Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk.

H-1B

PERM

L-1

EB-1

NIW

O-1

FAMILY SPONSORSHIP

OTHER IMMIGRATION

F-1 STUDENT VISA

The F-1 student visa is used primarily for full-time study at a school or college in the U.S. Students are admitted for "duration of status," which is the period of time needed to complete the degree program. The International Student Advisor (also known as the DSO, or Designated School Official) at the school prepares Form I-20 on behalf of the student when the student applies for a change of status within the U.S. or for a visa from a U.S. Consulate abroad.

The student must show that he or she has enough money or financial support to study in the U.S. without working. The student must also provide evidence that he or she does not intend to immigrate to the U.S. The spouse and dependent children receive F-2 status.

The F-1 student status does not entitle the student to work in the U.S. without prior authorization. F-1 students are not allowed to work during their first academic year, except for on-campus work. A student may also work in the U.S. under the "practical training" option (OPT).

Practical Training is generally used after completion of the academic program. The maximum period for OPT is normally 12 months. OPT after completion of the academic program provides a student with the opportunity to find an employer willing to sponsor the student for another visa, such as the H-1B.

In April, 2008 the USCIS implemented new regulations that affects F-1 students’ OPT in two significant ways: it addresses the “cap-gap” problem where an F-1 student’s status and employment authorization expire before he or she can obtain H-1B authorization (i.e., on October 1.) The new regulation addresses this issue by automatically extending the period of stay and employment authorization of F-1 students with pending H-1B petitions; and it allows certain students with a bachelor’s, master’s, or doctorate degree with majors in Science, Technology, Mathematics or Science (STEM) to extend their one year OPT by an additional 17 months. The affected students may apply for the extension at any time prior to the expiration date of their current OPT period, and their employer must be enrolled in E-Verify.

Please contact our law firm for additional discussion of this category and alternative options.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

Ajay K. Arora, Esq., is a prominent member of the Immigration & Nationality bar in New York City and a member of the American Immigration Lawyers Association. He may be contacted at (212)268-3580.