Student Visas

The Immigration and Nationality Act (INA) provides two nonimmigrant visa categories for people who wish to study in the United States. The F visa is for nonimmigrants who have been accepted into a program to study or conduct research at an accredited U.S. college or university; and the M visa is for nonimmigrants who have been accepted into a program to study or train at non-academic institutions in the U.S.

F and M Visa Requirements

Foreign students planning to study in the U.S. may enter with F-1 or M-1 visas if they meet the following criteria:

• The student must be enrolled in an academic educational program (see requirements below), a language-training program, or a vocational program;
• The school must be approved by U.S. Citizenship and Immigration Services (USCIS, formerly known as the INS);
• The student must be enrolled as a full-time student at the institution;
• The student must be proficient in English or be enrolled in courses leading to English proficiency;
• The student must have sufficient funds available for self-support during the entire proposed course of study; and
• The student must maintain a residence abroad that he or she has no intention of giving up.

Information on how to apply for a student visa, visa ineligibility/waiver, or student employment can be found on the U.S. Department of State website under "Visa Services." Some students may also enter the U.S. as exchange visitors. The J visa is for people accepted into a cultural or educational exchange program through a designated sponsoring organization to participate in an exchange visitor program in the U.S.

More information on J Visas.

Student Exchange and Visitors Program

Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 led to the creation of a new interagency initiative known as the Student Exchange and Visitors Program (SEVP). SEVP is designed to improve processes for foreign students and exchange visitors holding F, J, and M visas, and schools, colleges and other organizations sponsoring programs for these visa holders.

SEVP facilitates and automates several processes affecting foreign students, such as:

• Visa issuance and entry to the U.S.;
• Benefit requests; and
• Information reporting.

For more information, see the Student and Exchange Visitors Program on the U.S. Immigration and Customs Enforcement website.

Useful information for Schools

Obtaining Approval to Receive Nonimmigrant Students

F-1: Approval for attendance of academic students may be solicited by an accredited college or university that awards bachelors, masters, doctorate or professional degrees; an accredited community or junior college that provides instruction in the liberal arts or the professions and awards associate degrees; a seminary; a conservatory; an academic high school; a private elementary school; or an institution that provides language training, instruction in the liberal arts, the fine arts or the professions, or instruction in one or more of these disciplines.

M-1: Approval for the attendance of non-academic students may be solicited by a community college or junior college that provides vocational or technical training and awards associate degrees; a vocational high school; a trade school or a school of nonacademic training other than language training.

Current USCIS regulations recognize the following as approved schools:

• A school operated as a public educational institution by federal, state, or local government; and
• A school accredited by a nationally recognized accrediting agency.

If an institution of higher education does not fall into one of these two categories, it must submit evidence that its course credits are accepted by at least three accredited schools.

If a private elementary or public or private secondary school does not fall into one of these two categories, it must submit evidence that it satisfies the compulsory attendance requirements of the state in which it is located and that it qualifies graduates for acceptance by approved schools at a higher educational level, and in the case of a private elementary or secondary school, that it is accredited by an accrediting organization, certified by the U.S. Department of Education's Office of Non-Public Education.

Approval Process

Form I-17, Petition for Approval is filed in duplicate with the USCIS district director in the school's locality. The following requirements must also be met:

• Form I-17 must be signed by an officer of the institution who has authority to sign contracts.
• The petitioning school must submit certification indicating that it is licensed, approved, and/or accredited.

Where Do I Apply?

Schools and institutions wishing to accept nonimmigrant students should apply by mail to the local USCIS office with jurisdiction over the area in which the institution is located. Applications should be marked "Attention of the USCIS Schools Officer."

Prospective students must first obtain a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status from the school or institution where they will study. Then they may apply at the U.S. embassy or consulate nearest their place of residence.