F-1 Student and STEM OPT Visa Lawyer

What is the F-1 Student Visa?

The F-1 visa is a non-immigrant visa designed for international students who wish to pursue academic studies or language training programs in the United States. This visa category allows students to engage in full-time study at accredited educational institutions, including:

• Universities and colleges
• High schools
• Private elementary schools
• Seminaries
• Conservatories
• Language training programs

Key Features of the F-1 Visa:

1. Full-Time Study: F-1 students must maintain a full course load as defined by their educational institution.
2. Limited Employment Options: Work is restricted primarily to on-campus employment and certain training programs. F-1 students are automatically eligible for up to 12 months of Optional Practical Training (OPT) to gain work experience in their field of study. STEM graduates may qualify for an additional 24-month OPT extension, allowing them to work for a total of up to three years.
3. Duration of Stay: Visa is typically valid for the length of the academic program plus a grace period.
4. Dependents: Spouses and children under 21 may be eligible for F-2 visas.

Eligibility Requirements for F-1 Visas

To qualify for an F-1 visa, applicants must meet several key criteria:

1. Acceptance to an SEVP-Approved School: The student must be accepted by a U.S. school approved by the Student and Exchange Visitor Program (SEVP).
2. Full-Time Enrollment: The student must plan to enroll in a full course of study.
3. English Proficiency: Applicants must demonstrate sufficient English language skills to undertake their chosen course of study.
4. Financial Support: Students must prove they have sufficient funds to cover tuition and living expenses without working in the U.S.
5. Nonimmigrant Intent: Applicants must demonstrate their intent to return to their home country after completing their studies.
6. Academic Qualifications: Students must have the necessary academic background to succeed in their chosen program.

The F-1 Visa Application Process: Change of Status vs. Consular Processing

Securing F-1 student status can be done in two ways: applying at a U.S. consulate abroad or requesting a change of status (COS) from within the U.S.

Many individuals already in the U.S. on a different visa—such as a B-1/B-2 visitor visa or an expiring work visa—may be eligible to change their status to F-1 without leaving the country.

Changing to F-1 Status from Within the U.S.

For individuals already in the U.S. on another nonimmigrant visa, the process involves:

1. School Application and Acceptance – Apply to and gain acceptance from a SEVP-approved school.
2. SEVIS Registration – Once accepted, the school will register the student in the Student and Exchange Visitor Information System (SEVIS).
3. Form I-20 Issuance – The school provides Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.
4. Pay SEVIS Fee – Pay the required SEVIS I-901 fee.
5. File Form I-539 (Application to Change Status) – Submit Form I-539 to USCIS along with supporting documents, including:
   • Valid passport
   • Form I-20
   • SEVIS fee payment receipt
   • Evidence of current valid immigration status
   • Proof of financial support
   • Statement explaining intent to study and maintain F-1 status
6. Wait for USCIS Decision – Processing times vary, and applicants must maintain valid status while the change of status is pending.

Consular F-1 Visa Application (Less Common)

For those outside the U.S. or needing to depart for visa processing, the steps include:

1. Complete DS-160 Online Application – Submit Form DS-160, Nonimmigrant Visa Application.
2. Schedule a Visa Interview – Book an appointment at a U.S. embassy or consulate in your home country.
3. Prepare Documentation – Gather required documents, including:
   • Valid passport
   • Form I-20
   • DS-160 confirmation page
   • Visa application fee receipt
   • Photographs
   • Academic records and standardized test scores
   • Proof of financial support
4. Attend the Visa Interview – A consular officer will review eligibility and intent to study in the U.S.
5. Visa Issuance – If approved, the F-1 visa will be stamped in your passport.

Since most of our F-1 cases involve changes of status within the U.S., our team provides tailored guidance to ensure a smooth transition to student status. If you are considering an F-1 visa, we can help determine the best approach based on your current visa situation.

How Our F-1 Visa Lawyers Can Help

At De Wit Immigration Law, we understand the nuances of the F-1 visa process and the importance of proper preparation. Our experienced F-1 visa lawyers provide comprehensive support for students and employers:

For Students:

• Eligibility Assessment: We evaluate your situation to ensure that F-1 is the appropriate visa category for your educational goals.
• Application Preparation: Our team meticulously prepares all necessary documentation, minimizing the risk of errors or omissions.
• Interview Preparation: We provide preparation to help you confidently navigate the visa interview process.
• Compliance Guidance: We offer ongoing support to ensure you maintain your F-1 status throughout your studies.
• Post-Graduation Planning: We assist with OPT applications and explore options for transitioning to work visas or other immigration statuses after graduation.

For Employers:

• OPT/CPT Hiring: We advise on the proper procedures for hiring F-1 students for Optional Practical Training (OPT) or Curricular Practical Training (CPT).
• STEM OPT Extensions: We guide employers through the process of supporting STEM OPT extensions for eligible F-1 graduates.
• Transition Strategies: We develop strategies for transitioning valuable F-1 employees to other visa categories, such as H-1B.

F-1 Visa Regulations and Compliance

Maintaining F-1 status requires ongoing attention to various regulations. Key areas of focus include:

1. Full-Time Enrollment: Students must maintain a full course load, with limited exceptions.
2. Employment Restrictions: F-1 students are generally limited to on-campus employment and certain training programs:
   • On-campus employment: Limited to 20 hours per week while school is in session
   • Curricular Practical Training (CPT): Work experience that is an integral part of the curriculum
   • Optional Practical Training (OPT): Up to 12 months of work authorization in the student’s field of study after graduation.
   • STEM OPT Extension: An additional 24 months for graduates with degrees in science, technology, engineering, or math (STEM) fields, allowing them to work for a total of up to three year
3. Reporting Requirements: Students must report changes in address, major, or enrollment status to their DSO.
4. Travel Regulations: Specific documents and procedures are required for international travel while maintaining F-1 status.
5. Program Extensions: Timely applications for program extensions when necessary.
6. Transition Planning: Proper procedures for changing to another visa status or departing the U.S. after completing studies.

Our F-1 visa lawyers stay up-to-date with the latest regulations and policy changes, ensuring our clients remain in compliance throughout their academic journey.

F-1 Visa vs. Other Non-Immigrant Visas for Students and Scholars

While the F-1 visa is the most common for international students, it’s important to understand how it compares to other relevant visa categories:

Our experienced immigration attorneys can help you determine which visa category best suits your educational and career goals.

Apply for Your F-1 Visa and STEM OPT with Confidence

The F-1 visa program offers opportunities for international students to access world-class education and gain valuable global experience. Whether you’re a student dreaming of studying in the U.S. or an employer seeking to tap into the talent pool of F-1 graduates, De Wit Immigration Law in Miami is here to guide you through every step.

Contact us today to schedule a consultation with one of our experienced F-1 visa lawyers.

Frequently Asked Questions