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Academic Students (F category)
F-1 Category
The Indian student seeking admission in colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, and in language training in US can apply for F-l category visa. This visa is for those applicants who want to study or conduct research through a full course study at an accredited u.s. college or university.
If the student intends to attend public high school (grades 9-12) in US, the student must submit proof that the local school district has been reimbursed in advance for the unsubsidized cost of the education.
Also, attendance at US public high school$ cannot exceed a total of 12 months. The Indian students are prohibited from seeking admission in public elementary schools and publicly-funded adult education programs in US.
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Category |
Form |
Fee |
Validity |
F-1 Academic student Visa |
DS-156
DS-157
DS-158
I-20 A-B / ID |
Refer to `Visa Fee’ earlier |
Course dependent |
F-2 Dependent of F-1 |
DS-156
DS-157
I-20 |
Refer to `Visa Fee’ earlier |
F-1 dependent |
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Note: Students applying for initial-entry F-l, F-2, visas may now be issued those visas up to 120 days before their academic program start date (as compared to 90 days under previous regulations) (Read Annexure PI attached)
Procedure
An Indian student must apply to a USCIS approved school in US and if the school authorities accept the request they will send a USCIS form I-20 A-B/ID (Eligibility certificate for Student Status for Academic and Language Students). Upon receiving the form I-20 the student should contact the nearest US consulate to obtain F-1 visa.
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Student must make sure that Form I-20 so received has been obtained by the institute through Student and Exchange Visitor Information System (SEVIS) as this has become mandatory.
A student or dependent who presents a non-SEVIS Form I-20 issued on or after January 30, 2003, will not be accepted for admission to the United States. Schools will issue a SEVIS Form I-20 to any current student requiring a reportable action (e.g., extension of status, practical training, and requests for employment authorization) or a new Form I-20.
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An F-1 student is expected to safe keep the initial I-20 ID bearing the admission number and any subsequent copies which have been issued to him/her from time to time. Should the student lose his/her current I-20 ID, a replacement copy bearing the same information as the lost copy, including any endorsement for employment and notations, will be issued by the Designated School Official (DSO).
Upon arriving in US the student will receive a form I-94 (Arrival Departure record) that will include admission number to the U.S. The immigration inspector will enter the admission number on the USCIS form I-20 A-B/ID and the authority will send the first two pages known as I-20 A-B to the school as a record of legal admission of the student to US.
The remaining two pages known as I-20 ID must be kept by the student as this is the proof for his/her having been allowed to study in US under F-1 category.
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Documents Required
All documents an explained under documents common to all Non-immigrant categories' earlier.
An I-20 Form, Certificate of Eligibility for Nonimmigrant Student Status, obtained from a u.s. college, school or university. Please be sure to give both pages of the newer, bar coded SEVIS form. The form must also be signed by the applicant and by a school official.
Mark sheets, transcripts and certificates from previous institutions attended.
Scores from U.S. standardized tests such as the TOEFL, SAT, GRE, GMAT, wherever applicable.
Financial evidence showing sufficient funds to cover tuition and living expenses during the period of intended study such as
- Bank account statements.
- Chartered accountant statements.
-Employment letters and
Property documents.
Note: Applicant must prove that funds are immediately available to cover the first year's costs, and show evidence that funds will be available for all subsequent years. Any financial documentation provided should be in support of this. This applies to ALL student visa applicants.
Part 7 on the I-20 shows the amount of funding student must have available to cover the first year's expenses. The total amount includes tuition and fees, living expenses, expenses of dependents (if applicable), and other expenses (as applicable). Student must prove that he/she has immediate funds available to cover this amount.
If student is going for a two-year Master's program, then he/ she must also show that funds are or will likely be available to cover the same amount for the second year. For example, if he/she is a prospective Master's student for a two-year program, and the total amount in Part 7 of the I-20 includes $5,000 for tuition and fees, $5,000 for living expenses, and $500 for other expenses (books and supplies, for instance), then he/ she must prove that $10,500 is immediately available. Additionally, he/ she must show that another $10,500 is or will likely be available to cover the second year.
All students have to apply in person and must schedule an appointment at the website: http://www.vfs-usa.co.in
Transfer of Schools
A student who is maintaining status may transfer to another Service approved school by following the notification procedure. However, an F-1 student is not permitted to remain in the United States when transferring between schools or programs unless.
the student will begin classes at the transfer school or program within 5 months of transferring out of the current school or within 5 months of the program completion date on his or her current Form I-20, whichever is earlier. In the case of an F-1 student authorized to engage in post-completion optional practical training (OPT), the student must be able to resume classes within 5 months of transferring out of the school that recommended OPT or the date the OPT authorization ends, whichever is earlier.
An F-1 student who was not pursuing a full course of study at the school he or she was last authorized to attend is ineligible for school transfer and must apply for reinstatement under the provisions or, in the alternative, may depart the country and return as an initial entry in a new F-l nonimmigrant status.
To transfer schools, the student must inform the present school about the intention and obtain a new users form I-20 A-B/ID, upon completing the student portion of the Form I-20 A-B the student must submit the form to the new school DSO, then the new DSO will give back the last two pages of the form I-20 ID to the student and forward the copy of first two pages (form I-20 A-B) to the users and to the previous school.
(i) Non-SEVIS School to Non-SEVIS School
To transfer from one non-SEVIS school to a different non-SEVIS school, the student must first notify the school he or she is attending of the intent to transfer, and then obtain a Form I-20 issued in accordance with the provisions from the school to which he or she intends to transfer. Prior to issuance of any Form I-20, the DSO at the transfer school is responsible for determining that the student has been maintaining status at his or her current school and is eligible for transfer to the new school.
The transfer will be effected only if the student completes the Student Certification portion of the Form I-20 and returns the form to a DSO of the transfer school within 15 days of the program start date listed on Form I-20. Upon receipt of the student's Form I-20 the DSO will note "transfer completed on (date)" in the space provided for the DSO's
remarks, thereby acknowledging the student's attendance at the transfer school; return the Form I-20 to the student; submit the School copy of the Form I-20 to Service's Data Processing Center within 30 days of receipt from the student; and forward
a photocopy of the school copy to the school from which the student transferred.
(ii) Non-SEVIS School to SEVIS School
To transfer from a non-SEVIS school to a SEVIS school, the student must first notify the school he or she is attending of the intent to transfer, and then obtain a SEVIS Form I-20 issued in accordance with the provisions from the school to which he or she intends to transfer. Prior to issuance of any Form I-20, the DSO at the transfer school will be responsible for determining whether the student has been maintaining status at his or her current school and is eligible for transfer to the new school.
Once the transfer school has issued the SEVIS Form I-20 to the student indicating a transfer, the transfer school becomes responsible for updating and maintaining the student's record in SEVIS. The student will then be required to notify the DSO at the transfer school within 15 days of the program start date listed on SEVIS Form I-20. Upon notification that the student is enrolled in classes, the DSO of the transfer school will update SEVIS to reflect the student's registration and current address, thereby acknowledging that the student has completed the transfer process.
In the remarks section of the student's SEVIS Form I-20, the DSO will note that the transfer has been completed, including the date, and return the form to the student. The transfer is effected when the transfer school updates SEVIS indicating that the student has registered in classes within the 30 days.
(iii) SEVIS School to SEVIS School
To transfer from a SEVIS school to a SEVIS school the student must first notify his or her current school of the intent to transfer and must indicate the school to which he or she intends to transfer. Upon notification by the student, the current school will update the student's record in SEVIS as a "transfer out" and indicate the school to which the student intends to transfer, and a release date.
The release date will be the current semester or session completion date, or the date of expected transfer if earlier than the established academic cycle. The current school will retain control over the student's record in SEVIS until the student completes the current term or reaches the release date.
At the request of the student, the DSO of the current school may cancel the transfer request at any time prior to the release date. As of the release date specified by the current DSO, the transfer school will be granted full access to the student's SEVIS record and then becomes responsible for that student. The current school conveys authority and responsibility over that student to the transfer school, and will no longer have full SEVIS access to that student's record.
As such, a transfer request may not be cancelled by the current DSO after the release date has been reached. After the release date, the transfer DSO must complete the transfer of the student's record in SEVIS and may issue a SEVIS Form I-20.
The student will then be required to contact the DSO at the transfer school within 15 days of the program start date listed on the SEVIS Form I-20. Upon notification that the student is enrolled in classes, the DSO of the transfer school will update SEVIS to reflect the student's registration and current address, thereby acknowledging that the student has completed the transfer process.
In the remarks section of the student's SEVIS Form I-20, the DSO will note that the transfer has been completed, including the date, and return the form to the student. The transfer is effected when the transfer school notifies SEVIS that the student has been enrolled in classes in accordance with the 30 days required.
(iv) SEVIS School to Non-SEVIS School
To transfer from a SEVIS school to a non-SEVIS school, the student must first notify his or her current school of the intent to transfer and must indicate the school to which he or she intends to transfer. Upon notification by the student, the current school will update the student's status in SEVIS as "a transfer out", enter a "release" or expected transfer date, and update the transfer school as "non-SEVIS." The student should then notify the school to which he/ she intends to transfer of his/ her intent to enroll.
After the student has completed his/her current term or session, or has reached the expected transfer date, the DSO at the current school will no longer have full access to the student's SEVIS record. At this point, if the student has notified the transfer school of his/her intent to transfer, and the transfer school has determined that the student has been maintaining status at his/her current school, the transfer school will issue the student a Form I-20.
The transfer will be effected only if the student completes the Student Certification portion of the Form I-20 and returns the form to a designated school official of the transfer school within 15 days of the program start date listed on Form I-20.
Upon receipt of the student's Form I-20 the DSO will do as follows: note "transfer completed on (date)" in the space provided for the DSO's remarks, thereby acknowledging the student's attendance; return the Form I-20 to the student; submit the school copy of the Form I-20 to the Service's data processing center within 30 days of receipt from the student; and forward a photocopy of the school copy to the school from which the student was transferred.
Limitation on Stay
The student will be allowed to stay in US till the course completes. The student may also seek extension to stay in US up to 12 months to engage in practical training. After completion of the course the student will be given additional sixty day's to get ready to leave the country.
Extension of Stay
An F-1 student who is admitted for the duration of student status, is not required to apply for extension of stay as long as the student is maintaining status and making normal progress toward completion of his/her educational objective. An F-1 student who is maintaining status and making normal progress toward completing his/her educational objective, but who is unable to complete his or her course of study by the program end date on the Form I-20, must apply prior to the program end date for a program extension.
Incase the student needs to extend the stay on grounds of academic or medical reasons, then the student and the DSO should fill out USCIS Form I-538 and send it to the USCIS student data center at least 30 days prior to the completion date listed on USCIS Form I-20 A-B.
An F-1 student who is unable to meet the program completion
date on the Form I-20 may be granted an extension by the DSO if the DSO certifies that the student has continually maintained status and that the delays are caused by compelling academic or medical reasons, such as changes of major or research topics, unexpected research problems, or documented illnesses. Delays caused by academic probation or suspension are not acceptable reasons for program extensions.
A DSO may not grant an extension if the student did not apply for an extension until after the program end date noted on the Form I-20. An F-1 student who is unable to complete the educational program within the time listed on Form I-20 and who is ineligible for program extension is considered out of status. If eligible, the student may apply for reinstatement.
Traveling Outside of us during study
An F-1 student at an academic institution is considered to be in status during the annual (or summer) vacation if the student is eligible and intends to register for the next term. A student attending a school on a quarter or trimester calendar who takes only one vacation a year during anyone of the quarters or trimesters instead of during the summer is considered to be in status during that vacation, if the student has completed the equivalent of an academic year prior to taking the vacation.
Students may leave the United States and be readmitted after absences of five months or less. Upon return to US, the student must provide immigration inspectors with:
A valid passport.
A valid F-1 entry visa stamped in the passport (if required).
A current USCIS Form I-20 ID signed by the school official
A new USCIS Form I-20 A-B/I-20 ID if there has been any substantive changes in the course of study or place of study.
Proof of financial support.
When making the travel plans, the student must remember that he/she must be a full-time student to keep the F-l student status.
Decreased Course Load
The DSO shall allow the student a reduced course of study. In any case a reduced course load must consist of at least six semester or quarter hours, or half the clock hours required for a full course of study.
Academic Complication
The DSO shall consider a reduced course load incase the student feels difficult in the English language or reading requirements, unfamiliarity with US teaching method, or improper course level placement. In such case the student must recommence the full course of study during next available, session excluding a summer session, in order to maintain student status.
Medical Conditions
The DSO shall consider a reduced course load due to a student's temporary illness for a maximum period of 12 months. For that the student must provide medical certificate of a licensed doctor which establishes the illness.
Completion of Course
The DSO shall consider a reduced course load during the final session incase the student need to complete only few courses and student is not required to take any further courses for completion of the study and still enrolled for administrative purpose. Such students should apply for change of status or get ready to depart US.
Note: The student who drops below a full course of study without prior approval of DSO will be considered out of status. On-campus employment owing to scholarship, fellowship, or assistantship is considered to be part of the course.
Once the reduced course load is allowed due to academic difficulties, student cannot seek again for reduced course load for the same purpose. But he/she can claim reduced course load on medical grounds.
Employment
On-campus employment
On-campus employment has to be performed either within the school premises like school bookstore and cafeteria or at an off-campus site which is educationally affiliated to the school.
Employment with on-site commercial firms like Construction Company building a school, which is not providing direct student services is not considered as on-campus. employment. On-campus employment must either be performed on the school's premises, (including on-location commercial firms which provide services for students on campus, such as the school bookstore or cafeteria), or at an off-campus location which is educationally affiliated with the school.
In the case of off-campus locations, the educational affiliation must be associated with the school's established curriculum or related to contractually funded research projects at the post-graduate level. In any event, the employment must be an integral part of the student's educational program. Employment must not exceed 20 hours a week while school is in session, unless the Commissioner suspends the applicability of this limitation due to emergent circumstances, as determined by the Commissioner, by means of notice in the Federal Register, the student demonstrates to the DSO that the employment is necessary to avoid severe economic hardship resulting from the emergent circumstances, and the DSO notates the Form I-20 in accordance with the Federal Register document. A full time on-campus work can only be performed by the student when school is not in session or during annual vacation.
If student receives a Form I-20 A-B to begin a new course and the enrollment is during the next regular aC3.demic, then in the mean time the student may undertake on-campus employment. Otherwise, an F1 student may not engage in on-campus employment after completing a course of study, except employment for practical training.
During the initial entry of the student in the US to undertake a new course hel she cannot perform on-campus employment for a maximum of 30 days prior to commencement of the course.
Off-Campus Employment
In case of off-campus employment, the educational affiliation will correlate with the established curriculum of the school or contractually funded research projects at post-graduate level. In any case, the service has to be an integral part of student's educational program. Such employment authorization is limited to a maximum 20 hours a week during the school session.
In emergent situations the Commissioner may suspend this limitation, if the student establishes that the job is necessary to avoid severe economic hardship caused by unexpected circumstances which was not in the control of the student like loss of financial aid or on-campus employment without fault on the part of the student, substantial fluctuations in the value of currency or exchange rate, inordinate increases in tuition and/or living costs, unexpected changes in the financial condition of the student's source of support, medical bills, or other substantial and unexpected expenses in case any employment opportunities are not available to the student or insufficient.
Authorization for Off-campus work
The student must request a consideration from the DSO for off campus employment authorization. The DSO at a non-SEVIS school must make such a certification on Form I-538, Certification by Designated School Official. The DSO of a SEVIS school must complete such certification in SEVIS. For off-campus authorization the DSO will ascertain that:
(1) The student was maintaining F-1 status for one academic year;
(2) As a student he/ she is in good standing is carrying a full course of study;
(3) The student has established that acceptance of job will not disturb the student's course of study; and
(4) The student has established that the job is necessary to avoid severe economic hardship due to the conditions explained above.
Application for Severe Economic Hardship
The student has to submit the economic hardship application on Form I-765, along with fee, to the service center within the jurisdiction of his/her residence.
A Non-SEVIS school student has to submit Form I-20, Form 1538, and any other supporting documents which establish the unforeseen circumstances of the student.
A SEVIS school student has to submit the SEVIS Form I-20 with the employment page establishing the DSO' s certification.
The employment authorization may be granted in one year intervals up to the expected date of completion of the student's current course of study.
Internship of an International Organization
If any recognized organization sponsors and offers employment to a deserving student, he/ she must apply to the Service Center seeking employment authorization along with a written certification from the organization which has sponsored and offered job to the student establishing that the job is within the scope of the sponsorship of the organization, Form I-20 ID or SEVIS form I-20 with employment page duly filled by the DSO's certification of eligibility of the student and a completed form I-765 along with fee.
Practical training
Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad.
A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he/ she changes to a higher educational level. Students in English language training programs are ineligible for practical training. An eligible student may request employment authorization for practical training in a position that is directly related to his or her major area of study. There are two types of practical training available:
1.Practical Training Programs
The DSO may authorize the student for a curricular practical training program which is an integral part of the study which is offered by sponsoring employers through cooperative agreements with the school. Students who receive full time practical training for one year or more are not allowed for post-completion academic training.
In any case this limitation is relaxed for students in graduate studies which require immediate participation in post-completion academic training. The student can undertake curricular practical training only after receiving the Form I-20 with the DSO certification.
A Non-SEVIS student has to apply authorization for curricular practical training using Form I-538. Upon request the DSO shall:
Certify Form I-538 and send the form to the Service's data processing center;
Endorse the student's Form I-20 ID with "full-time or part-time curricular practical training authorized for (employer) at (location) from (date) to (date)";
At a SEVIS school, the DSO will update the student's record in SEVIS as being authorized for curricular practical training that correlates the student's major area of study and indicate whether the training is full-time or part-time, the employer and location, and the employment start and end date.
Then the DSO will print a copy of the employment page of the SEYIS Form I-20 mentioning that curricular practical is approved. The DSO must sign, date, and return the SEVIS Form I-20 to the student prior to the student's commencement of employment.
2. Optional Practical Training
A student has to apply to the Service for authorization for temporary employment for optional practical training directly related to the student's major area of study 90 days prior to being enrolled for one full academic year. The student should not undertake optional practical training until the date indicated on the employment authorization document, i.e. Form I-766 or Form 688-B.
A student may be granted authorization;
During the annual vacation and at other times when school is not in session before completion of the course; or
Provided that practical training does not exceed 20 hours a week during the school is in session; or
After completion of the course of study if it so happens that the student still continues to be under F-1 status due to the administrative purpose of the school. But request for the optional practical' training must be made prior to the completion the course. In any case the practical training must be completed within 14 months after course completion
Note: If the student transfers to another school or educational level the authorization for optional practical training automatically get terminated.
A student has to request for authorization for practical training to the DSO using Form I-538, accompanied with current Form I-20 1D.
The total period of optional practical training cannot not exceed maximum 12 months. Part-time practical training, 20 hours per week or less, will be deducted from the available practical training at one and half of the full-time rate. A student must apply to the INS for the EAD by filing the Form I-765. The application for employment authorization must include the following documents:
A completed Form I-765 along with fee;
A DSO's consideration for optional practical training on Form I-20ID, or, for a SEVIS school, on an updated SEVIS Form I-20.
Restoration to Student Status
The district director shall consider restoring a student who makes a request for reinstatement using Form I-539, (Application to Extend/ Change Nonimmigrant Status) accompanied by a properly completed SEVIS Form I-20 mentioning the DSO's consideration for reinstatement. The district director shall consider granting the request if the student:
(A) Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or establishes that the failure to file within the 5 months was due to exceptional circumstances);
(B) Does not have a record of repeated or violations of Service regulations;
(C) Is currently undertaking, or intend to undertake, a full course of study in the near future at the school which issued the Form I-20;
(D) Has not engaged in any unauthorized employment;
(E) Is not deportable on any ground; and
(F) Establishes that:
(1) The violation of status resulted from circumstances beyond the student's control like serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, and not of a willful violations or failure on the part of the student resulted in the need for reinstatement; or
(2) The violation was due to reduction in the student's course load that would have been within a DSO's power to authorize, and the denial of reinstatement would result in severe hardship to the student.
Change in name and address
A student must inform the DSO and the Service of any legal changes to his or her name or of any change of address, within 10 days of the change, in a manner prescribed by the school. A student enrolled at a SEVIS school can satisfy the requirement of the Service by providing a notice of a change of address within 10 days to the DSO, who in turn will enter the information in SEVIS within 21 days of notification by the student. A student enrolled at a non-SEVIS school must submit a notice of change of address to the Service, within 10 days of the change.
Except in the case of a student who cannot receive mail where he or she resides, the address provided by the student must be the actual physical location where the student resides rather than a mailing address. In cases where a student provides a mailing address, the school will maintain a record of, and will provide upon request from the Service, the actual physical location where the student resides.
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