Students and exchange visitors are required to pay a fee for the Student and Exchange Visitor Information System (SEVIS) program.

1. F-1 Visa:

What are the requirements for F1 visa?

  1. Applicant has foreign residence with no intention of abandoning it;
  2. Applicant is a bona fide student qualified to pursue a full course of study;
  3. Applicant seeks to enter the U.S. “temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognised place of study in the United States;
  4. Applicant will study only at an institution designated by him and approved by ICE in compliance with SEVIS;
  5. Applicant will not attend a public elementary school or publicly funded adult education program, and will not attend a public secondary school unless he or she attends the secondary school for a period not in excess of 12 months and demonstrates that he or she has reimbursed the school board the full, unsubsidized per capita cost of the education.

F1 visa Additional criteria:

  1. Present a SEVIS I-20 issued by an approved school and pay the SEVIS fee;
  2. Have sufficient financial support;
  3. Be proficient in English or receive training to become proficient;
  4. Intend to depart the U.S.;
  5. Have sufficient academic credentials to attend particular institution;
  6. Maintain a full course of study.

Cap-Gap Relief:

Where the F-1 timely files a change of status to H-1B and the H-1B cap has been reached, F-1 Status and employment authorization (if in OPT) is automatically extended until Sept 30th of that fiscal year, thus eliminating the gap between the time the F-1 would have expired and the Oct 1 H-1B start date.

Optional Practical Training (OPT)

OPT may be exercised in one of the 4 circumstances:
Pre-completion:

  • During student’s annual vacation and when school is not in session;
  • While school id in session as long as it does not exceed 20 hours per week.
    Post-Completion:
  • After completion of all course requirements (excluding thesis or equivalent);
  • After completion of the course of study.

Post completion OPT is limited to 12 months and must complete training with 14 months of graduation. On March 11, 2016, the Department of Homeland Security published a final rule allowing certain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees, and who meet other specified requirements, to apply for a 24-month extension of their post-completion OPT. The 24-month extension will replace the 17-month STEM OPT extension previously available to STEM students.

Curriculum Practical Training (CPT)

  1. Alternate work/study, internship, cooperative education or any other type of required internship;
  2. CPT may be granted on apart time basis (no ore than 20 hours/week) or a full time basis (more than 20 hours/week);
  3. Cannot accept CPT unless student for one academic year or if in language program prior to completion of studies;
  4. A job offer is required to apply for CPT;
  5. Must submit request for CPT to DSO. Student must follow internal procedures established by DSO.

2. J visas

What are the requirements for J visas?

  • Is a professor or research scholar, short –term scholar, bona fide trainee or intern, college or university student, teacher, secondary school student, non academic specialist, foreign physician, international visitor, government visitor, camp counselor, summer student in a travel/work program;
  • Has sufficient funds and is fluent in English;
  • Maintains sufficient medical insurance for accident and illness for participant and J family members in a minimum amount of $50,000 per accident or illness;
  • Has a residence abroad.

Two-year Foreign Residence Requirement:

Certain exchange visitors are required to return to their home country or country of last residence upon completion of their U.S. training before they may apply for an immigrant visa, adjustment of status, or change of status to another non immigrant visa status. J visa holders subject to the 2-year foreign residence requirement are persons:

  • Whose participation “was financed in whole or in part, directly or indirectly, by an agency of the government of the U.S. or by the government of his nationality or last residence;
  • Who at the time of admission or acquisition of status was engaged in a field on the DOS Exchange visitor skills
  • Who came to the U.S. or acquired J status after Jan 10, 1977 to receive graduate medical education or training.

USCIS can grant waiver upon favorable recommendation by DOS.

Our office has expertise in dealing with student visa (F-1), optional practical training (OPT), Curriculum Practical Training (CPT) and J visa.