F1 Foreign Student
Duration of Status:
The maximum period of validity for F status is “duration of status,” which means the duration of your studies as stated on your I-20. Duration of status means that you are allowed to remain in the U.S. until you complete your F-1 studies.
Travel:
A F-1 approval notice issued by the Immigration and Naturalization Service does not allow you to travel outside the U.S. If you wish to leave the U.S. and re-enter on F-1 status, you will need to obtain a F-1 visa.
Maintaining a Full Course of Study:
As a student with a F visa, it is required that you maintain a full course of study while in the U.S. Maintaining a full course of study means that you need to be enrolled in at least 12 units as an undergraduate student (full course of study for graduate students is determined and certified by a Designated School Official) or for each quarter/semester during the school year. If your course load falls below 12 units, you are considered out of status. Please discuss with your foreign student advisor before you drop below the required units.
Employment
No employment is allowed until you have obtained work authorization from your school or from the INS. If you transferred schools after given work authorization, you will need to obtain a new work authorization to work. If after one year you are academically in good standing you may obtain employment off campus as determined by a Designated School Official (“DSO”). Below are the four ways in which employment authorization can be obtained.
<!--[if !supportLists]-->
Severe Economic Hardship: If employment opportunities are unavailable or insufficient through the pilot program*, you may obtain work authorization where there is severe economic hardship caused by unforeseen circumstances beyond the your control. To work off-campus you must be in good academic standing and carrying a full course of study. Supporting documentation as to economic hardship is needed. May only work 20 hours per week when school is in session. If you are granted permission, you may work full time during holidays or school vacations.
* Commissioner designated students from Indonesia, South Korea, Malaysia, Thailand and the Philippines and suspended the 20 hour limit on and off campus as well as the requirement of a full course of study. In the case of on-campus employment, the DSO must note it on the I-20 after receiving evidence that it was necessary to avoid severe economic hardship.
Internship with International Organization: If you are offered employment by a recognized international organization you must apply for employment in person at an INS office nearest your place of residence. You must obtain written certification from the employer that work is within scope of the organization sponsorship, and must submit I-20 I.D. endorsed by a DSO within the last 30 days with completed I-765.
Practical Training: On campus employment which includes work performed on school premises (including on location commercial firms which provide services for students such as the student book store) or at an off-campus location which is educationally affiliated with the school. The educational affiliation must be associated with the school’s established curriculum or related to contractually funded research projects if post graduate level and it must be an integral part of the student’s educational program. While school is in session, you are only allowed to work 20 hours per week as well as if you will not displace U.S. workers. When school is not in session you are permitted to work full time. Practical Training is separated into two categories.
Curricular Practical Training: This type of training is defined to be alternative work/study, internship, cooperative education or any other type of required internship. If you obtained one year or more of curriculum practical training then post-completion training is not available. If you are working towards obtaining a bachelor’s, master’s or doctoral degree, you can only obtain practical training after completion of course work. If you are attending a college, university, seminary or conservatory, you can only obtain practical training if the program requires, if you qualify for optional practical training or during your annual vacation. You can only accept practical training if you have been a student for at least 9 months. Form I-538 and your student copy of Form I-20 must be submitted to the DSO. The DSO will certify on Form I-538 your need for practical training and endorse both Form I-538 and Form I-20.
Optional Practical Training: This type of training may be exercised in one of the four circumstances:
During your annual vacation and at other times when school is not in session.
While school is in session as long as it does not exceed 20 hours per week.
After completion of all course requirements (excluding thesis or equivalent) for bachelor’s, master’s, doctoral degree program.
After completion of the course of study.
Optional practical training is limited to 12 months. You must complete training within 14 months of graduation. Authorization is given on recommendation of the DSO on Form I-538. The DSO must certify that the employment is directly related to your major area and will commensurate with your education level. You can apply for optional practical training during a 120 day period (within 90 days before completion to within 30 days after). Application is made on Form I-538 and with your I-20 sent to the DSO. Your application is submitted to the DSO for recommendation but you are still required to file for work authorization within the 120 day period (Form I-765) with the INS along with the DSO recommendation and a copy of your endorsed I-20. INS will issue you a EAD card (work authorization). Any unused practical training cannot be used at a later time. If you transfer schools while participating in optional practical training, then it will automatically be cancelled.
Employment Due to Emergent Circumstances: The Commissioner may suspend all or some of the requirements of on and off campus employment by notice in the Federal Register. The suspension may permit you to work full time and to reduce your course load during the period of the notice’s effect.
School Transfers and Transfer Procedures
The option to transfer schools is always available. However you are only eligible to transfer schools if you are a bona fide student, have been pursuing a full course of study, intend to pursue a full course of study, and have the financial ability to attend transferred school.
In order to transfer schools, the following steps listed below must be adhered to. Failure to comply with transfer procedure renders you out of status.
Must obtain a properly completed I-20 from the school you intend to transfer to and inform the current school of desire to transfer.
Enroll in new school in the first term after leaving the previous school or after vacation. Must complete page 2 of Form I-20 and give it to the DSO within 15 days after beginning classes.
DSO must verify that you had and maintained valid F-1 status at the prior school, sign Form I-20 I.D. copy and return it to the student, and must submit Form I-20 to the INS Data Processing Center within 30 days of receipt from student. DSO must also send a copy of Form I-20 to the previous school.
Cannot transfer schools if you are not pursuing a full course of study or if you are engaged in unauthorized employment unless reinstated to student status.
Out of Status Problems
If you are employed without authorization, or not pursuing a full course of study, or transfer schools without permission, or fail to complete a full course of study in time and are ineligible for a program extension, you are considered to be out of status and subject to deportation.
Students considered to be in status even if not engaged in full course of study are:
Remain for summer or annual vacation, so long as you are eligible and intend to register for the next term.
Compelled by illness or other medical condition to interrupt studies or reduce course load below full course.
Take less than a full course of study for valid academic reasons on advice of the DSO.
Have not adjusted culturally or linguistically to life in the U.S. or to U.S. teaching and reading requirements.
Enroll in more than one INS approved school where joint credits total full time.
When Dependent Children Reach Their 21st Birthday:
Children are only entitled to F status as dependents, until their 21st birthday. Therefore, it is highly recommended that parents plan some change of status or visa application in another category about one year before the child’s 21st birthday. Note that even if the I-94 has not expired, the child will be out of status on his/her 21st birthday.