How To Get a Visa To Study in the US

If you are planning to come to the United States for temporary work or study, you will need a work or student visa. There are different types of visas depending on the kind of work or study you are planning to do, as well as your experience, skills, and education.

Students should review the requirements for each to determine which program gives them the best opportunity to study in the U.S. For specialized legal advice, speak with an experienced immigration lawyer.

The Student Visa Process

Student visas allow people to study in the United States. There are three main types of student visas:

The most common type of U.S. student visa is the F-1 student visa, which allows foreign students to enroll as full-time students at a U.S. school. The M-1 visa is nearly the same, but it allows the student to enroll at a vocational school and receive practical training from a U.S. institution.

Visas are issued through the Department of State. The U.S. Citizenship and Immigration Services (USCIS) handles immigration benefits, petitions, and in-country status adjustments.

How To Start the Process

The first step of the visa application process for students wanting to pursue the F-1 visa or M-1 visa is to enroll in a U.S. school.

Once accepted, the school’s Designated School Official (DSO) issues a form titled I-20: Certificate of Eligibility for Nonimmigrant Student Status to the student, who must then present the form upon entry to the U.S. The school will assist the student in providing information for the form.

Here are the general steps to the student visa application process:

• Apply and get accepted to the school where you wish to study
• Your school will send you Form I-20
• Make the required SEVIS fee payment
• You will complete Form I-20 and use it to apply for the student visa through the U.S. embassy or consulate in your home country
• Complete Form DS-160 and pay your nonimmigrant visa application fees
• Schedule and attend a visa interview at the U.S. consulate or embassy
• Wait for your visa (the wait time will vary, and you can estimate it using this tool on the U.S. Department of State website)

Once an individual has a student visa, they may explore options to change to a visa category that allows for adjustment to permanent residency, such as an H-1B visa, or qualify through family sponsorship or other means. “The general guideline is that if you are in status, then you can change or adjust status,” says Philadelphia immigration lawyer William John Vandenberg.

What does it mean to be “in status”? For students, it means “as long as they are maintaining their F-1 visa status by completing classes and making satisfactory progress toward their degree,” they are in status and can therefore adjust their status to permanent residency, says Vandenberg.

The student then files the application for an F-1 or M-1 visa, filling out Form DS-160 online with the U.S. Department of State as part of the visa application process at the U.S. embassy or consulate. The last step is the visa interview appointment near the student’s foreign consulate or embassy.

Requirements for F-1 or M-1 Visa

Students have additional requirements to meet under the law to obtain the F-1 or M-1 visa status. Those requirements for the student visa application include:

• Admission to an approved SEVP-certified school
• Residence in a foreign country with no intention of abandoning, meaning their intent is to stay in the U.S. only temporarily
• Bona fide student, meaning the student is not here for another reason, like to get a job or find a spouse
• Qualified to pursue a full course of study, meaning the student can demonstrate they are qualified for the program and possess adequate English language training

The M-1 student visa allows people to temporarily come to the U.S. for training programs at a vocational or technical school. People studying under an M-1 can work, but only if the work is part of their vocational training.

The J-1 student visas are for people who come to the U.S. temporarily for study or cultural exchange programs of study, research, or teaching.

The program requires a full-time course of study, not part-time. Students who lack English language skills can still qualify by supplementing their U.S. education with courses in English. But the English coursework should not be so substantial that it adversely affects their ability to meet their study requirements.

The F-1 or M-1 visa applicant must also demonstrate they have sufficient funds for their education and living expenses while studying in the U.S.

Applicants must show through documented proof that they have the assets and income to pay for their education. Applicants can rely on student loans, grants, and scholarships they obtain through their school. However, this does not include prospective earnings through part-time employment or work-study.

The J-1 Visa Process

The J-1 visa classification is for “exchange visitors.” These are visitors who come to the U.S. through an approved U.S. exchange program. The purposes of those exchange programs are generally either teaching, studying, receiving training, participating in an academic program, or conducting research and/or consulting.

There are many similarities between the F-1, M-1, and J-1 visas. Many students come to the U.S. through exchange programs, similar to those under the F-1 and M-1 visa programs. But there are some differences between these visas, too. J-1 visa applicants don’t have the same burden to show they can pay for their schooling. However, J-1 visa applicants have stricter requirements for showing residence in their home country.

Working on an F-1 Visa

F-1 student visas allow international students to study at any school approved by the Student and Exchange Visitor Program (SEVP). This includes students who pursue a bachelor’s degree or graduate studies at an accredited U.S. college or institute of higher education and attend high schools/private schools, seminaries, and consortiums.

F-1 visa holders can generally do on-campus work. They can also work off-campus under specific programs like Curricular Practical Training (CPT) or Optional Practical Training (OPT) after their first academic year, with proper authorization.

“Generally, students can work on campus for up to 20 hours per week, for example, in a library or doing research for a professor. In cases where there has been an unforeseen hardship, immigration officers can authorize that student to work,” says Vandenberg.

“In addition, a student can do curricular practical training when they’re authorized to do so while in school.” CPT is for internships, externships, or other work experiences related to the student’s study.

Temporary Work After Graduation

“After they graduate, they’re eligible for optional practical training.” OPT is for off-campus temporary work related to the student’s field of study. “OPT is generally for a year. If it’s in a STEM field, [students] can get up to three years of work authorization after graduation,” Vandenberg says.

“Additionally, students can get OPT after each successive degree level,” including after their bachelor’s, after their master’s, and after their Ph.D. However, students cannot get double OPT if they obtain two of the same degree (for example, two bachelor’s degrees).

To work off-campus on an F-1 visa, a student must receive authorization from their school’s DSO and, depending on the type of employment, may also require an Employment Authorization Document (EAD) from USCIS. The DSO is the person who works with international students at a school and keeps track of F-1 students through the Student and Exchange Visitor Information System (SEVIS).

Get Help From an Immigration Lawyer

Coming to the U.S. to work or study may be the first step toward permanent residency or citizenship. The process is complex. “If there is any complication, a good attorney can advise as to the level of risk, and the client can make their own decision as to how much risk they’re willing to take,” says Vandenberg.

Look for an immigration law attorney in the Super Lawyers directory for help becoming a U.S. citizen.