J-1 Exchange Visitor Visa Overview (April 2, 2024)
The J-1 visa is a nonimmigrant visa open to visitors from other countries who come into the United States for certain work and study related purposes. J-1 applicants can earn visas for teaching, studying, research, training, consulting, and other similar purposes.
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Overview of F-1 Student Status (November 30, 2020)
International students who plan to attend an academic program or English language program at a U.S. college or university may do so by obtaining an F-1 Visa. To maintain their status, F-1 students must take a full course of study each term. Students on F-1 Visas may remain in the U.S. for up to an additional 60 days beyond the length of time it takes to complete their academic program. If necessary, international students may request an extension of stay through the U.S. Citizenship and Immigration Services (USCIS). Students may also remain in the U.S. after completing their academic program if they are approved to stay and work under a practical training program. A visa interview is required to determine whether an international student is qualified to receive an F1 student visa. Once approved, F-1 students may enter the U.S. no more than 30 days before the start date of their course of study.
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Unlawful Presence for Students (July 24, 2018)
The start of a new academic year will bring thousands of foreign nationals to the United States to study at one of the nation’s many rigorous academic institutions. The United States derives many benefits from allowing foreign nationals to study at its colleges and universities, including but not limited to, diversified classroom discussions and enriched collegiate clubs and extracurricular activities.
Unlike their American colleagues, foreign national students must maintain lawful presence and abide by all of the United States Citizen and Immigration Services (USCIS) requirements. Traditionally, if a student failed to meet the requirements of his or her visa, then unlawful presence would not begin to accrue until the day after the USCIS made a formal finding that a nonimmigrant status violation had occurred or an immigration judge ordered the student excluded, deported, or removed, whichever came first.
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Students & Cap-Gap Protection (May 22, 2014)
Since 2008 an F-1 student who has a pending H-1B application at the United States Citizenship & Immigration Services (USCIS) to change status from a student to a professionally skilled worker will be able to automatically extend his/her lawful status until October 1 of the fiscal year for which H-1B status is being requested. The same is true for students who have been granted optional practical training (OPT) and may continue to remain in the United States and work should their OPT expire before October 1. Those students who have not been granted OPT will have lawful status to remain in the United States but will not be able to work until their H-1B application has been approved.
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