If you are interested in studying in the US, changes are you will need an F-1 student visa. US immigration law allows for the admission as nonimmigrants those who are coming to the US to participate in a full time course of study. Most such students enter in F-1 status, although the J-1 visa (for exchange visitors participating in a program approved by the State Department) and M-1 visa (for vocational students) are also sometimes available. What follows is an overview of the process of obtaining an F-1 visa and maintaining that status. Employment related issues will be addressed in a future article.

General Requirements

As with all nonimmigrant classifications, the most important requirement to obtain an F-1 visa is the demonstration of nonimmigrant intent. The student must maintain a home abroad that they have no intention of abandoning. The student must be coming to the US to pursue a full course of academic study, and must demonstrate that they possess the financial resources to allow them to study without the need to engage in unauthorized employment. Most students are able to get approved for a stay equal to the duration of their studies in the US and can study in any pre-approved institution. However, there are important exceptions.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 imposed a number of new restrictions on foreign students. Among these are the exclusion of foreign students from kindergarten through eighth grade at public schools and from publicly funded adult education programs. Also, foreign students in grades 9-12 at public schools must reimburse the school for the cost of the education. Failure to do this can result in a bar to admission. Foreign student in public high schools are limited to 12 months of study.

Step 1: Find a School

A prospective student must first identify a school that is qualified to sponsor a student for a visa. A school that wishes to have foreign students enroll must first make an application with the INS. For a school to become qualified to participate in the F-1 process, it must 1) demonstrate that it is a legitimate educational institution, 2) appoint a designated school official (DSO) who will sign all necessary forms, 3) institute a record keeping and reporting system satisfactory to the INS.

Step 2: Get an I-20

For a foreign student to obtain F-1 status they must first receive a Form I-20 issued by the school that provides information about the school and the student. Before the school can issue an I-20 the following conditions must be met:

• The student must have made a written application to the school
• The school must have received the student’s academic record and evidence of financial support
• The student must meet the school’s qualifications for admission, including any English language proficiency
• The student must have been accepted by the school

Step 3: Apply for a Visa at a US Consulate

After the school issues the I-20, it sends it to the student abroad, who then applies for a visa at their local US consulate. To make the visa application the student must present the I-20, their passport, the necessary visa fee (which varies from location to location), Form OF-156 Application for a Nonimmigrant Visa, and evidence of financial support. Unless there are unusual circumstances, the visa will generally be issued on the day the application is submitted, or only a few days afterward. A prospective student who has not yet decided on a school can request a B-2 prospective student visa, and once in the US they can seek F-1 status. Note, however, that is a prospective student does make his or her intentions clear at the time of entry, the INS could very well deny the case.

Step 4: Entering the US

After receiving the visa, the student may make an application for admission at a US port of entry. The student must present their passport, visa, evidence of support and the I-20. If admission is granted, the INS will keep one copy of the I-20 and return the second to the student. The student is issued an I-94 Arrival/Departure Record that contains a unique control number. This number is noted on the I-20, and becomes a sort of permanent identifier. For example, if an F-1 student leaves the US, upon reentry they are given a new I-94. However, the number on it is crossed out and replaced with the initial number noted on the I-20.

Step 5: Maintaining Status

In light of the bars on admission created in 1996, it is very important for the student to maintain their status while in the US. There are eight important things that must be done to maintain status.

• Keep a valid passport at all times, unless otherwise exempt from the passport requirement
• Attend the school authorized
• Participate in a full course of study
• Leave the US by the completion date shown on the I-20, or request a program extension from the school’s designated student officer
• If the student wants to change from one educational level to another (for example a bachelor’s program to a master’s) they must apply to the designated student officer
• In most cases, work no more than 20 hours per week while school is in session
• Not work off campus without INS authorization
• Report any change in residence to the INS within 10 days.

• Postgraduate or postdoctoral study at a college, university, conservatory or religious seminary
• Undergraduate study at a college or university consisting of at least 12 credit hours per term, except in cases where to finish the program the student does not need to take 12 hours in the last term
• Study at a postsecondary institution that awards associate or comparable degrees, and whose credits are accepted by at least three other institutions of higher learning
• Study in a language, liberal arts, fine arts, or other nonvocational training program. This study must consist of 18 hours of attendance per week, 22 hours if laboratory work constitutes the dominant part of the course of study
• Study in a high school, providing the foreign student attends the minimum class hours per week required for graduation.

Gregory Siskind has experience handling all aspects of immigration and nationality law and has represented numerous clients throughout the world. Mr. Siskind provides consultations to corporations and individuals on immigration law issues and handles cases before the Immigration and Naturalization Service, the Department of State, the Department of Labor and other government agencies. Gregory Siskind is also committed to community service. He regularly provides free legal services to indigent immigration clients and speaks at community forums to offer information on immigration issues.

After graduating magna cum laude from Vanderbilt University, Gregory Siskind went on to receive his law degree from the University of Chicago. For the past several years, he has been an active member of the American Immigration Lawyers Association and he currently serves as a member of the organization's Technology Committee. He is the current committee chair for the Nashville Bar Association's International Section. Greg is a member of the American Bar Association where he serves on the LPM PublishGregory Siskind has experience handling all aspects of immigration and nationality law and has represented numerous clients throughout the world. Mr. Siskind provides consultations to corporations and individuals on immigration law issues and handles cases before the Immigration and Naturalization Service, the Department of State, the Department of Labor and other government agencies. Gregory Siskind is also committed to community service. He regularly provides free legal services to indigent immigration clients and speaks at community forums to offer information on immigration issues.

Greg regularly writes on the subject of immigration law. He has written several hundred articles on the subject and is also the author of the new book The J Visa Guidebook, published by Matthew Bender and Company, one of the nation's leading legal publishers. He is working on another book for Matthew Bender on entertainment and sports immigration.

Greg is also, in many ways, a pioneer in the use of the Internet in the legal profession. He was one of the first lawyers in the country (and the very first immigration lawyer) to set up a web site for his practice. And he was the first attorney in the world to distribute a firm newsletter via e-mail listserv. Mr. Siskind is the author of the American Bar Association's best selling book, The Lawyer's Guide to Marketing on the Internet. He has been interviewed and profiled in a number of leading publications and media including USA Today, the New York Times, the Wall Street Journal, Lawyers Weekly, the ABA Journal, the National Law Journal, American Lawyer, Law Practice Management Magazine, National Public Radio's All Things Considered and the Washington Post. As one of the leading experts in the country on the use of the Internet in a legal practice, Greg speaks regularly at forums across the United States, Canada and Europe.

In his personal life, Greg is the husband of Audrey Siskind and the proud father of Eden Shoshana and Lily Jordana. He also enjoys collecting rare newspapers and running in marathons and triathlons. He can be reached by email at GSiskind@visalaw.com