If you would like to study as a full-time student in the United States, you will generally need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.

You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

• You must be enrolled in an "academic" educational program, a language-training program, or a vocational program

• Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement

• You must be enrolled as a full-time student at the institution

• You must be proficient in English or be enrolled in courses leading to English proficiency

• You must have sufficient funds available for self-support during the entire proposed course of study

• You must maintain a residence abroad which you have no intention of giving up.

F-1 Student Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

M-1 Student Visa

The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.

Employment

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

• Curricular Practical Training (CPT)

• Optional Practical Training (OPT) (pre-completion or post-completion)

• Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

F-1 students may also be eligible to work off-campus on a case-by-case basis as a result of special situations such as severe economic hardship or special student relief. M-1 students may engage in practical training only after they have completed their studies.

For both F-1 and M-1 students any off-campus training employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

Common Questions

Will I be able to bring my family with me on an F-1 visa?

Yes, you can bring your spouse and children with you. Your spouse and unmarried, minor children who intend to reside with you during your study may apply for F-2 visas. Although SEVIS fee payment is not required, your school must issue them an individual Form I-20. You must provide a copy of your F-1 or M-1 visa and provide proof of relationship.

Will I be able to work while on an F-1 visa?

F-1 students cannot work off-campus during the first academic year, but may accept on-campus employment subject to conditions and restrictions. After the first academic year, F-1 students can engage in three types of off-campus employment:

• Curricular Practical Training (CPT)

• Optional Practical Training (OPT) (pre-completion or post-completion)

• Science, Technology, Engineering, and Mathematics (STEM) OPT

Will I owe taxes if I work in the United States while on an F-1 visa?

This depends on your individual taxation situation, but typically you might be required to file a U.S. tax return. For more information, seek advice from a qualified tax professional.

What if I want to change schools during my F-1 visa period?

Generally, an F-1 student may transfer between SEVP-certified schools. However, this does involve paperwork and coordination. 

Can I stay in the United States after I finish my studies?

There are some programs and visas available for F-1 visa holders after you finish studying in the United States. These can be highly individual to your circumstances, field of study, and professional background, so do your research carefully.

Blumsack & Canzano
In a world of uncertainty, you and your family may want to maximize their choices—both in terms of lifestyle and opportunities. Whatever your motivation, Blumsack & Canzano always has trusted immigration advisors. We deliver comprehensive solutions and a seamless immigration experience for you, your family, and your advisors around the world.

The experienced immigration lawyers at Blumsack & Canzano provide various legal services to employers, employees, individuals, and families in the Boston area and other areas. Immigration issues are complex, and if they are not handled properly, they may have serious impacts. We have an in-depth understanding of immigration law and are committed to providing customers with comprehensive solutions in all areas of immigration law. 

Related issues may involve other legal proceedings. To discuss the circumstances of a matter, please contact Blumsack & Canzano.

Coordinating related legal issues

A student facing an investigation, discipline or an enrollment change should preserve school notices, policies and deadlines. School procedures and education rights may need to be coordinated with student immigration status. DHS’s Study in the States resources provide information for international students, while the school’s decision and its immigration consequences require separate review.

If travel involves enrollment or a changed study plan, distinguish study from a visit before departure. Student visa and status requirements cannot simply be replaced by visa-waiver travel arrangements. Review the Department of State’s Visa Waiver Program guidance and school documents before assessing the appropriate category, planned activities and any further procedure.

A short visit should be planned around the activities actually intended. Visitor visa arrangements and visa-waiver eligibility are different routes. Review the Department of State’s visitor visa guidance together with the itinerary, funding and planned stay. Possession of a travel document should not be treated as permission for every form of work or study.

School records may affect an appeal, evidence preparation or a later application. Access to and use of education records raises authorization and privacy questions; use in an outside dispute or lawsuit also requires attention to completeness. The Department of Education’s FERPA resources help identify the governing issues. Obtaining a document should not be confused with having unrestricted permission to disclose it.

Work, internships and teaching arrangements in an educational setting can raise both academic and employment issues. Review school policies and grievance procedures separately from pay, hours and the working relationship. The Department of Education’s civil-rights complaint information can help identify a possible administrative route, but not every campus dispute falls within the same office’s authority.

For an employer-related application, compare the job, employment records and descriptions in the filing. Employment-based immigration may need coordinated review with wage and working-relationship issues. The USCIS employment-based green-card guidance provides the framework; an employer’s willingness to support a case does not establish that every eligibility requirement has been met.

Immigration and tax questions should be evaluated separately when a person arrives, departs or changes status. Status and periods of stay are not the same issue as tax residency and filing obligations. Consult the IRS international taxpayer guidance for the tax analysis, and identify which questions require separate professional review before planning work, travel or asset transfers.

Begin immigration planning by identifying the application basis and distinguishing petition approval, visa issuance and admission. Permanent-residence eligibility requires a review of the full history, while overall status planning should account for dependents and existing proceedings. Use the USCIS green-card categories to identify the relevant route rather than applying one category’s requirements to another.

Organize identity documents, previous applications and official notices chronologically. Reviewing the filing and status history can reveal inconsistent descriptions; the applicable eligibility category determines which facts need proof. The USCIS green-card application overview provides a starting point, followed by the current instructions for the relevant forms and procedure.

For a delayed application, organize receipts, evidence requests, inquiries and documented effects of the delay. USCIS delay issues and consular processing problems require agency-specific analysis. The Department of State’s administrative-processing guidance provides consular context, not a promise of a completion date or a particular litigation outcome.