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Top 10 Immigration Rules for International Students in the United States

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Immigration rules for international students in the United States

Are there immigration rules all international students in the U.S. are required to adhere to? The answer is yes.

To study as international students in the United States you need a visa. You will also have to follow some immigration rules for international students in the United States.

There are two nonimmigrant visa types for anyone wishing to study in the United States. These visas are commonly known as the F1 and M1 visas.

Evidence of Financial Ability 

An intending international student either with F1 or M1 visas should have financial evidence that shows that they or a sponsor has sufficient financial ability to cover tuition and living expenses during the period of  study. Some of the evidence of financial ability includes but not limited to the following:

  • Family bank statements.
  • Documentation from a sponsor.
  • Financial aid letters.
  • Scholarship letters.
  • Letter from an employer showing annual salary.

Designated school officials (DSOs) have to collect evidence of the student’s financial ability before issuing a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status.”

Also all international students must bring their evidence of financial ability when applying for their student visa with the U.S. Department of State. It is also advisable to have the evidence on-hand when entering the country at a U.S. port of entry. This is necessary in case a U.S Customs and Border Protection officer asks to review it. 

Evidence of financial capacity is one of the immigration rules that all international students must present before their visa to study in America will be approved.

Also Read: 20 Popular U.S. Visa Interview Questions and Answers

Obtain the Required Student Forms

As an international student in the United States there are some forms you must have. Some forms must be filled and submitted before entering the United States while others must be completed while in the United States.

The required forms are listed below

Forms Before Entering the United States

  1. Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status”
  2. SEVIS I-901 Form, “Remittance for Certain F, J and M Visa Nonimmigrants”

Forms While You Are in the United States

  1. Form I-94, “Arrival/Departure Record”
  2. Form I-515A, “Notice to Student or Exchange Visitor”
  3. Form I-539, “Application to Extend/Change Nonimmigrant Status”
  4. Form I-765, “Application for Employment Authorization”
  5. Form I-766, “Employment Authorization Document”
  6. Form I-797A, “Notice of Action”

Maintain a Valid Passport 

As an international student you are to maintain a valid passport throughout your stay in the US. It is required of you that your passport should be valid for at least six months after your program completion date. Throughout your stay in the US as a student you must have a valid passport.

Maintain Student Status

All international students must maintain their F1 or M1 student status. This means to maintain the purpose, or reason you come into the United States. The Department of State gives you your visa based on your intended purpose; you must not change the status while in the US. 

If you are issued an F1 or M1 student visa by  the Department of State you must enroll in the academic program you are given a visa for.  This means that you are in the United States to study. You must not take any action contrary to your initial  purpose. To maintain your status means:

  • Fulfilling the purpose why you are given a visa by the Department of State.
  • And abiding by the regulations associated with that purpose.

Maintain Full Course of Study

Apart from maintaining your status as an F1 or M1 student in the United States, international students must enroll in a full course of study at the Student and Exchange Visitor Program (SEVP)-certified school. This must be where a designated school official (DSO) issued you the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” you used to enter into the United States.

The meaning of a full course of study varies depending on both your status (F1 or M1) and the program of study you attend. For example, U.S. government regulations define a full course of study at an SEVP-certified kindergarten to grade 12 school differently from that of an SEVP-certified college or university.

You must attend the school whose name appears on your I-20 form and take your full course there. This is a school Your school approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement. You must be admitted as a full-time student at the institution.

Also Read: How to Choose Which Country to Study Abroad for Masters Degree

Eligibility to Transfer to Another School

With your F1 or M1 student visa you may be eligible to transfer to a new school in the United State. In order to be eligible to transfer, you must consistently maintain F1 or M1 status and follow the correct transfer processes. To maintain your status at your current school means you must continue attending all of your classes while you are waiting to transfer. 

For an F1 visa student, that is until your transfer release date. Your transfer release date is the day on which your assigned school official (DSO) at your current school moves responsibility for your Student and Exchange Visitor Information System (SEVIS) record to your new school. While for an M1 visa student, it is until you have submitted an application for approval to transfer. In most cases, M1 students may only transfer within the first six months of their program.

But if your DSO believes you may not have maintained your F1 or M1 status, your SEVIS record could be in Terminated status, which is the DSO’s way of reporting a concern to the Student and Exchange Visitor Program. But, you may still be able to transfer in Terminated status. All you need to do is to talk to your present DSO and a DSO at the new school if you want to transfer with a terminated record.

Permission to Travel as an International Student

An international student studying in the United States may be able to travel during time of study. If you travel internationally either for annual vacation or during a school break, make sure you take the appropriate steps before you travel to ensure a smooth re entry back into the United States. 

It is important to check in with your DSO before you travel abroad. you should ensure that your record in the Student and Exchange Visitor Information System (SEVIS) is up-to-date and in active status when you meet with your DSO,

Ensure that your DSO has signed your Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status” within the last year.  Also you are not leaving the country for more than 5 months. Before leaving, you must make sure that you have your DSO’s most up-to-date contact information, including both a daytime telephone number at the school and a 24-hour emergency phone number.

When you arrive back in the United States, you will meet with the U.S. Customs and Border Protection (CBP) officers for primary and sometimes a secondary inspection.The CBP officer may ask questions about your reason for travel and to inspect important documents like your Student visa, Form I-20 and Passport

Ensure your passport is valid for at least six months after the date of your re-entry. If you are an M1 student, it is recommended that you bring your most recent Form I-94, “Arrival/Departure Record,” with you as well. Make sure to hand-carry all of these items and do not put them in your checked baggage. You do not need to repay the I-901 SEVIS Fee to re-enter the United States after travelling.

Access to Drive in the United States

International Students with F1 and M1 visas with their dependents, are eligible to drive a motor vehicle while living in the United States. But, those who wish to operate a vehicle must apply for and receive a driver’s license. Driving a vehicle without a driver’s license is a serious offense. To get a driver’s license, you must apply for one at your local Department of Motor Vehicles (DMV), which can have a different name in some states.

A driver’s license applicant may also need to pass both a driving and written test. This varies from one state to another. But, if you have a license from your home country or another state, the DMV may not require you to take the tests. However, not all states accept driver’s licenses from other countries.

If you have challenges applying for a driver’s license, speak with your DSO and contact the SEVP Response Center with case-specific questions

Permission to Work in the United States 

The U.S. government doesn’t allow immigrants working illegally. There are few work opportunities available in the United States for F1 students. That is why students must prove they have the financial ability before coming to the United States. But if you decide that you want to work, the first step is to speak with your designated school official (DSO).

Because, if your DSO finds out you are working without permission, they must report it through SEVIS. This means your SEVIS record will be terminated. Unfortunately you will have to leave the United States immediately, and you may not be allowed to return.

Depending on your status and program of study, you may be eligible for the following type of employment opportunities while you study in the United States:

On-campus Employment 

On-campus job is specific work that takes place on campus or at an off-campus location that is educationally affiliated with the school. For example, working at a university bookstore or cafeteria.

Off-campus Employment 

Off-campus job is work that takes place outside of a school campus. This employment is only available to F1 students who have completed at least one full academic year of their program of study. And also who have an economic hardship that qualifies for the Department of Homeland Security’s emergent circumstances.

Obtain a Social Security Number

The Social Security Administration (SSA) assigns nine-digit Social Security numbers (SSNs) to U.S. citizens, permanent residents and eligible nonimmigrant workers in the United States. SSA uses SSNs to report wages to the government, track Social Security benefits and for other identification purposes. Every F1 and M1 student who the U.S. Citizenship and Immigration Services (USCIS) grants employment authorization needs an SSN.

Also Read: 10 Reasons Why Your U.S. Visa Application Will Be Denied

Conclusion 

It is worthy to note that many states require that you or your dependent have an SSN or have already applied for one before you apply for a driver’s license. Which of these immigration rules do you think is the easiest for international students in America?

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