Purpose

F-1 non-immigrant category allows students to enter the United States to participate in a full-time course of study.  It may be used for individuals who wish to participate in a conventional academic program or a language training program.  In most cases, the F-1 student visa is the best option for students who have been accepted into an academic institution located in the United States. 

Requirements

To qualify for an F-1 student visa you must meet the following qualifications:(1) admission and enrollment in a full-time course of study at a school approved by the INS; and

• You must be admitted and enrolled in a full-time course of study in the United States at a qualifying academic institution, such as a university, college, or high school
• You must be able to demonstrate that you have the financial capacity to cover your schooling expenses, residence, and cost of living while in the U.S.
• Unless you are entering the U.S. to participate in a language training program, you must confirm that you have a sufficient command of English
• You must also prove that your intention is to return to your home country once your studies are completed (2) sufficient financial resources to cover your expenses while a student

May You Work During Your Stay as a Student?

In general, you are not permitted to work as an F-1 student.  However, this rule is subject various exceptions, which are discussed as follows:

On-Campus Employment

You are permitted to obtain on-campus employment of no more than 20 hours a week.  There is no limitation on the type of on-campus position you may obtain, as long as you are actually employed by the school and not working anymore than 20 hours per week.

Curricular Practical Training

Curricular Practical Training (CPT) is a type of employment authorization that allows F-1 students to be employed as long as the student is working in an area that is directly related to their studies and they are receiving school credit for such work.

Optional Practical Training

F-1 students who participate in Optional Practical Training (OPT) may work in the U.S. in a field that is directly related to their course of study for a total of 12 – 29 months, depending on the student’s major. 

Employment Based on Hardship

F-1 students who are experiencing unforeseen financial hardship while studying in the U.S., may be able to obtain off-campus employment authorization from the USCIS under certain conditions.

Length of Stay

With most non-immigrant visas, a set date will be put on your I-94 indicating when you are required to leave the United States and return to your home country.  However, F-1 students are not given a set date of departure.  Instead, as an F-1 student your I-94 will be marked with the initials “D/S,” which stands for duration of status.  What this means is that as an F-1 student you are required to leave the U.S. upon the end of your studies, whenever that may occur, rather than at a specific pre-determined date.

Ife S. Ashabo, B.A., J.D., F.L.C. 

Brief informational summaries about commercial litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.