Student Visas

USA visas may be issued to foreign persons who wish to study in the United States. There are two types of student visas, the F1 visa and the M1 Visa.

The F1 visa

The F1 visa is afforded to foreign students who have enrolled in an academic course. The visa covers those who wish to attend elementary school through to university.

The course of study must be full time. Full time studies must be for at least twelve semester hours per week for a university course or the equivalent.

This US student visa is issued for the duration of the course and the student must leave the US once the visa has expired. The student may, however, extend the duration of the visa in order to complete further education. Changing educational institutions is also within the permitted confines of the visa conditions.

The student is restricted in regards to the type of work he/she can engage in. The student cannot take up employment deemed to affect the wages and working conditions of US workers. Employment such as working within the school campus may be appropriate work for these purposes.

The student must also demonstrate the ability to finance the course and financially support himself/herself and any family members that have accompanied or joined the alien in the United States. The funds must be currently available and not be based upon speculative future income.

The spouse and unmarried children under 21 are entitled to derivative F2 visas. They are however, not entitled to work.

USA immigration law prescribes English language efficiency for the foreign student.

The prospective educational institution must complete form I-20A whilst the student must complete the second part of the form, I-20B along with form DS-156.

The student must prove temporary intent to remain in the United States. They must demonstrate an intention to leave once the F-1 visa status has expired. Affiliating ties to the home country such as strong residential, family, educational and employment ties will demonstrate the alien’s intent to leave the states once the period of studying has been concluded.

The M-1 Visa

M-1 visa category requirements are essentially the same as those for the F-1 visa except that this USA student visa is afforded to foreign students who wish to engage in a vocational/non-academic course.

A foreign student must present an I-20 M-N form in order to acquire an M-1 visa.

The student will be admitted for the duration of the course plus 30 days or for one year whichever period is shorter.

The student is required to engage in twelve semester hours if studying in a junior/community college leading to a specific educational and/or vocational objective. An eighteen hour week must be completed if studying in a classroom or twenty two hours if the studying takes place in a shop or laboratory.



Please do not hesitate to contact our US immigration lawyers for an in depth discussion and consultation on the F-1 and M-1 USA student visas.