| Frequently Asked Questions for F1 (Student visa) |
| Q 1 » What are the limitations of an F-1 Student Visa? |
- Visa - A nonimmigrant (F-1 included) generally cannot work, though there are particular situations when employment can be authorized. An F-1 student cannot operate his/her own business because there are restrictions against off campus employment and against unauthorized employment.
- F-1 Multiple entry visa : There is a certain risk because the U.S. Consular official is allowed the discretion under law to refuse a pure nonimmigrant visa (such as F-1, B-2, J-1) if s/he suspects that the applicant intends to permanently reside in the U.S. There is a presumption under immigration law that all nonimmigrants are intending immigrants! Therefore, the burden is on the applicant to negate that presumption (Matter of Brantigan -- a 1966 case).
- F-1 Off Campus Work : You need authorization for off-campus work.
- F-1 Practical Training : There is a 12 month limit on the duration of PT. Must complete training within 14 months of graduation. There is an O.I. (Operating Instruction) that any unused portion of PT cannot be used at a later time unless "reserved" in accordance with O.I.
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| Q 2 » I have a friend who's on a visitor visa in the U.S. If he gets an admission to a school here and gets an I-20, would he be able to change his status to a student? |
| It is possible to apply to change status from tourist to student. Whether it is approved or not depends on several factors including how long your friend was here before applying for the change of status, what the friend told the consular officer when he applied for the visitor's visa in the first place, and whether he has adequate financial support to go to school. An additional factor which is sometimes raised by INS, but more often by consulates, whether or not he has shown that he intends to return to his country.
Please note that if he travels abroad after the change of status approval, he would need to obtain the F-1 visa at a consulate. |
