One of the most popular visas that a foreign national seeking to enter in the United States may apply for is the F-1 visa. The F-1 visa is an educational based visa that provides a pathway for foreign nationals to take advantage of the United States world-class learning institutions and educational programs.
When it comes to understanding what an F-1 visa is, you must first understand the basics of United States immigration law. Immigration laws are the set of federal laws that regulate how a foreign national may qualify for a visa. Immigration laws also deal with the circumstances under which such an individual can be deported.
It is important to note that there are many different kinds of temporary and permanent visas that an individual may apply for before entering the United States legally. As such, depending on the exact purpose of your entry, there is typically a visa available that fits your situation.
The following article discusses the basics of an F-1 visa, what an F-1 allows an individual to do, as well as the process for applying for an F-1 visa.
What Is an F-1 Visa?
According to United States Citizenship and Immigration Services (“USCIS”), an F-1 visa is a nonimmigrant visa that allows foreign nationals to enter the United States as full-time students at accredited institutions.
As far as the exact institutions that are accredited, the list includes colleges, universities, seminaries, conservatories, academic high schools, elementary schools, or even certain language training programs. As noted above, the F-1 student visa is one of the most applied for visas in the United States.
However, it also carries a high denial rate. In fact, the United States State Department reported the total number of F-1 student visas issued in fiscal year 2022 was 411,131, but thirty five percent of F-1 applications were rejected. As such, it is important to understand the F-1 visa requirements to ensure that you have the best chance of your application being accepted.
What Are the Requirements for an F-1 Visa?
In order to have your application for an F-1 visa, you need to meet several requirements that are set by the United States Citizenship and Immigration Services (“USCIS”) and the United States Department of State. The following is a summary of F-1 Visa application requirements.
Enrollment in an Approved School
First, you must provide evidence along with your application that you have been accepted by a Student and Exchange Visitor Program (“SEVP”) approved school in the United States. In general, the schools that are accredited will provide you with a Form I-20, which is the form that is necessary to be included in your F-1 visa application.
Full-Time Student Status
Next you must be enrolled as a full-time student in an accredited academic program, language training program, or vocational program. In other words, you aren’t generally allowed to accept off-campus employment during the pendency of your F-1 visa.
However, there are certain situations in which you may apply for on-campus work with approval from your designated school official (“DSO”). If your DSO signs off on your on-campus work, while school is in session, then you are allowed under the rules to work up to 20 hours per week during the school year.
A DSO may also sign off on you working during the school year off-campus if you are in good academic standing, there is no on-campus employment available that meets your needs, or if you are experiencing severe economic hardship. For instance, if you have lost your financial aid or there have been increases to your tuition or cost of living, then you may qualify to work off campus during the school year.
Outside of the school year, you are generally allowed to work full time. However, it is important to always check with your designated school official to ensure that your employment does not affect your Student and Exchange Visitor Program terms. Further, if you work without authorization, you may violate the terms of your F-1 visa and be deported.
English Proficiency
Next, you must demonstrate that you are proficient in English or enrolled in courses that will lead to English proficiency. Generally, this is demonstrated in any interview portion of the visa process or by providing evidence of enrollment in a course that leads to such proficiency.
Financial Support
You must also demonstrate that you have sufficient funds to cover your tuition and living expenses while you are in the United States on the F-1 visa. This requirement is generally proven through providing bank statements, scholarship letters, or affidavits of support. An affidavit of support can generally be provided by a United States sponsor by submitting Form I-134, Declaration of Financial Support.
Intent to Return Home
Next, you must prove that you have a residence abroad and that you intend to return to your home after completing your studies in the United States. In other words, you must demonstrate that you do not intend to immigrate to the United States permanently under your F-1 visa, but instead intend to leave the United States after you complete your educational program.
Valid Passport
Another requirement is that your passport must be valid for at least six months beyond your intended period of stay in the United States.
Application and Fees
Finally, you will need to correctly complete the Form DS-160 (“Online Nonimmigrant Visa Application”) and pay both the visa application fee and the SEVIS I-901 fee. As of the publishing of this article, the application fee for an F-1 visa is $185. The SEVIS fee is $350 for F-1 visa applicants. Both of these fees are non-refundable and must be paid before your visa interview.
F-1 Visa Interview
Finally, you will need to attend a visa interview at a United States Embassy or Consulate. At the interview, you will need to present your Form I-20, passport, and visa application confirmation. You may also be asked for additional documentation, including:
- Your DS-160 confirmation page, if you live abroad when applying for the F-1 visa
- Proof of your current valid immigration status, if you are living in the United States while applying for the F-1 visa
- One passport-style photograph
- Proof of any previous academic records or transcripts, diplomas, degrees, or educational certificates
- Bank statements, financial aid offer packages, support affidavits, or any other proof that you have the financial means to support yourself while in the United States under the F-1 visa
Whether you attend your F-1 visa interview at a consulate or a USCIS office, your interviewer will generally review your qualifications, ask you about your program of study, and be able to provide you information regarding the terms and conditions of the F-1 visa program.
Your interviewer may also ask you qualifying questions, such as:
- Do you plan on returning to your home after you complete your education program?
- What education program have you applied and been accepted into?
- Why are you seeking an F-1 visa to study in the United States?
- What are your plans after you complete the program?
- What school or institution are you attending?
- Are you able to pay for your bills and provide for yourself while you receive your education?
After your interview, the interviewer should be able to tell you whether or not your application has been approved or denied. They may also request additional information before relating the decision on your application. If your application is denied, you will be provided with a statement that tells you why. Then, if you are able to remedy that issue, you may then reapply for the visa.
Do I Need a Lawyer for Help With an F-1 Visa?
As can be seen, the process for applying for and obtaining an F-1 visa is not always a straightforward process. As such, if you have any questions regarding the F-1 visa application process, it is in your best interest to consult with a local student visa lawyer.
LegalMatch can assist you in setting up an initial consultation with an experienced immigration attorney in your area. A lawyer can help inform you of the process of obtaining the F-1 visa. Additionally, they can also help guide you through the application process, gather the necessary documents and information, and answer any questions you may have.
Finally, an attorney will also be able to represent you in court, as needed, should any other legal issues arise during your application process, or should your application be denied.
