Students and Trainees
Students and Trainees
We are assisting international students with all their immigration needs. Whether you want to learn English at an English as a Second Language school, vocational school, or obtain a degree from a U.S. college or university, you will need a student or trainee visa.
F-1 category: Aliens who seek 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 recognized places of study in the United States.” Aliens admitted under this category can remain in the United States as long as it takes to complete their intended course of study. They may also engage in a specific period of practical training (OPT) after completion of their studies. Aliens will study only at an institution designated by him and approved by ICE in compliance with SEVIS.
F-1 Visa application procedure is dependent upon the Embassy/Consulates in each country. F-1 may not enter the U.S. more than 30 days before the program start date, but may enter after the start date so long as they enrolled for the next academic period. Students are admitted for D/S (completion of the program, including progression to higher level) if accomplished in accordance with DHS transfer procedures.
F-1 Students have a 60-day grace period that can be used to prepare for departure, change educational levels, or transfer to another school or change to another nonimmigrant visa status.
You need the following documents for getting an F-1 visa.
- Current passport as well as old passport;
- One photograph;
- Confirmation page of online submitted Form DS-160;
- Original interview appointment letter and copy;
- Both pages of the bar-coded, original SEVIS generated I-20 obtained from U.S. college, school or university, and signed by you and a school official; and
- Original Proof of payment of SEVIS Fee Receipt I-901 and one copy.
As evidence of financial resources, the alien must show availability of funds sufficient to pay for the entire first year of education and living expenses as well as proof of readily available funds to cover the remaining years of studies.
J-1 category: A J-1 Visa is a special form of non-immigrant visa for certain aliens known as “exchange visitors.” To obtain a J-1 Visa, an alien must be sponsored by an employer working through an Exchange Visitor Program as designated by the U.S. State Department. Generally, immigration regulations permit J-1 holders to work for the program sponsors. In some limited circumstances, however, J-1 holders may work for non-sponsor employers and the eligibility varies from one category to another. The duration of J-1 status depends on the J-1 holder’s program of study. A J-1 holder’s IAP-66/Certificate of Eligibility usually indicates the duration of this program. However, a J-1 holder may extend his stay under the J-1 status if his total stay period does not exceed the maximum duration of stay for the program, and his program sponsor agrees to the extension.
Two-Year Foreign Residence Requirement
Certain persons who entered and/or stayed in the United States as J-1 “exchange visitors” are required to return to their home country or country of last permanent residency for a period of two years after completion of J-1 status before they can be eligible for H or L status, or permanent residency status.
Waiver of 2-year Requirement
There are a number of circumstances where the foreign residency requirement can be waived. Applicants must submit a Data Sheet to DOS’s Waiver Review Division, when the DOS then sends a case number and instruction sheet to the applicant. The next step depends on the category. There are 4 kinds of J-1 waivers: Possible Prosecution, Exceptional Hardship, No-objection Waiver, Request by U.S. Federal Executive Agency, and International Medical Graduates.
If you have any questions regarding the F-1 Visa and J-1 Visa processes or obtaining a Waiver, please contact us at [email protected] or call 917-558-5047.