AddThis Social Bookmark Button

Immigration Law

Student Visas

Academic Students (F-1 Visa)

If you are interested in attending an academic institution such as a graduate school, college or university, fine art school, junior college, or language institute, then an F-1 visa is right for you. In order to qualify you must: Immigration Law Student Visas
bullet Receive SEVIS Form I-20 from a USCIS approved educational institution
bullet Present evidence of having sufficient financial support during the time of your studies in the U.S.
bullet Show intent to depart the U.S. at the conclusion of your studies
bullet Maintain a full course study, which shall depend on the type of institution you attend
bullet Not accept an offer of employment (exceptions apply)
F-1 visas are issued for the duration of status (D/S), which means that a student may lawfully continue to study in the U.S. as long he is in compliance with all relevant F-1 requirements. F-1 students are eligible to apply for on-campus employment within the first years of studies and may be able to work of-camps in the second year if economic hardship or emergent circumstances exist.
At the conclusion of his studies, a student may apply for Curriculum Practical Training (CPT) or Optional Practical Training (OPT) which, if approved, may extend the students stay for an extra 12-14 months.
An F-1 student may change his status to H-1B prior to the expiration of his F-1 status or during the 60 day grace period allocated for departure after completion of OPT.
A visitor currently in B-1/2 status can change to an F-1. In order to comply with the provisions of the Immigration and Nationality Act (INA), the person must maintain valid B-1/2 status and cannot begin his studies until the change to F-1 is approved.
Family members of an F-1 visa beneficiary may lawfully enter the U.S. in F-2 status.

Vocational Students (M-1 Visa)

The M-1 student visa is for international nonacademic and vocational students. M-1 students must be involved in a specific vocational or nonacademic program offered by a community or junior college, business school, or vocational school. A student may enter the U.S. in B-1/2 status and subsequently change his status to an M-1.
In order to qualify you must:
bullet Receive SEVIS Form I-20 from a USCIS approved nonacademic or vocational institution
bullet Present evidence of having sufficient financial support during the time of your studies in the U.S.
bullet Show intent to depart the U.S. at the conclusion of your training
bullet Maintain a full course study, which shall depend on the type of institution you attend
bullet Not accept an offer of employment (exceptions apply)
bullet May be required to maintain sufficient health insurance
Unlike the F-1, M-1 visas are not issued for the duration of status (D/S). An M-1 student must depart the U.S. according to the departure date stamped on his I-94 Arrival/Departure document. Extension or re-instatement are available options if done timely and the student has not previously violated his status.
At the conclusion of his studies, a student may be eligible to apply for Optional Practical Training (OPT) lasting not longer than six months. An M-1 cannot apply for an H-1B if the basis for application are based on training received as an M-1.
Family members of an M-1 visa beneficiary may lawfully enter the U.S. in M-2 status.

Exchange Visitor (J-1 Visa)

J-1 visas are available to individuals who take part in exchange visitor programs sponsored by schools, businesses and many other organizations and institutions. The programs are available to professors or research scholars, short-term scholars], bona fide trainee or interns, college or university students], teachers, secondary school students, nonacademic specialists, foreign physicians, international visitors, government visitors, camp counselors, au pairs, or summer students in a travel/work program.
General qualification requirements include:
bullet Proof of intent to depart the U.S. at the conclusion of the program
bullet Proof of sufficient financial support
Qualification requirements and ability to seek employment vary with each J visa category. Certain J visa holders will have to depart the U.S. at the expiration of their stay pursuant to the two year home residency requirement. A waiver of the two year residency requirement may be available based on
bullet Possible Persecution
bullet Exceptional Hardship to Spouse or Child
bullet No Objection Waiver
bullet Request by U.S. Federal Executive Agency
bullet Waiver for International Medical Graduates
The period of stay in the U.S. will depend on the program and the purpose of the visit. The J visa may be extended or changed to H-1B status. Employment while in J status is also an option.
The attorneys at the Law Offices of Yuri Tsyganov, PL have extensive experience in all issues concerning immigration law, including non-immigrant student visas. We know how the immigration process works and what to expect when applying for a non-immigrant visa. Our attorney’s have closely worked with international departments of colleges, universities, vocational schools, and hospitals in order to help students, trainees, and medical professional acquire their visa. We would be happy to answer any student visa related questions that you may have and help guide you through the application, extension, and change of status process. Call today for a Free Consultation.
Contact Us