Migra Study

F-1 and F-2 Visa: A Comprehensive Guide

If you are considering studying in the United States or accompanying a family member pursuing education there, understanding the F-1 and F-2 Visa categories is crucial. These non-immigrant visas allow international students and their dependents to live in the U.S. for academic purposes. Here, we explore their purposes, rights, restrictions, and application processes.

What is the F-1 Visa?

The F-1 Visa is a non-immigrant visa for international students who wish to pursue full-time studies at accredited academic institutions in the U.S. These institutions include universities, colleges, high schools, private elementary schools, and language training programs. Designed for educational purposes, the F-1 Visa also provides limited work opportunities during and after studies under specific conditions.

Work Opportunities for F-1 Visa Holders

F-1 Visa holders are primarily in the U.S. for education, but they can work under certain conditions:

  1. On-Campus Employment: Students may work up to 20 hours per week during the academic term and full-time during breaks. Jobs must be directly related to the institution, such as library assistant or research roles.
  2. Curricular Practical Training (CPT): CPT allows work directly tied to the student’s major, such as internships or co-op programs. This requires Designated School Official (DSO) approval and must be part of the curriculum.
  3. Optional Practical Training (OPT): OPT provides temporary employment in the student’s field of study, available both during and after studies. STEM degree holders may qualify for a 24-month extension beyond the standard 12 months.
  4. Economic Hardship Employment: In cases of unforeseen financial hardship, students may apply for off-campus employment authorization from U.S. Citizenship and Immigration Services (USCIS).

Post-Graduation Options

After graduation, F-1 Visa holders can extend their stay through post-completion OPT or STEM OPT. Some may transition to an H-1B work visa or other non-immigrant visa categories if sponsored by a U.S. employer.

What is the F-2 Visa?

The F-2 Visa is for dependents of F-1 Visa holders, including spouses and unmarried children under 21. It allows families to accompany the primary visa holder during their stay in the U.S.

Rights and Restrictions for F-2 Visa Holders

  1. Living in the U.S.: F-2 dependents can reside in the U.S. as long as the F-1 Visa holder maintains their status.
  2. Education for Children: F-2 children can attend public schools from kindergarten through 12th grade.
  3. Part-Time Study for Spouses: F-2 spouses may study part-time but cannot enroll in full-time degree programs unless they change their visa status to F-1.
  4. Work Restrictions: F-2 Visa holders cannot work or earn income in the U.S. To work, they must transition to a visa category that permits employment.

Changing Status for F-2 Visa Holders

F-2 Visa holders can apply for a change of status if they wish to:

  • Pursue full-time studies (F-1 Visa).
  • Accept employment in specialized fields (H-1B Visa).
  • Join cultural exchange programs (J-1 Visa).

Application Process for F-1 and F-2 Visas

F-1 Visa Application Steps

  1. Receive Form I-20: Obtain the Certificate of Eligibility from your institution.
  2. Complete Form DS-160: Submit the online non-immigrant visa application.
  3. Pay SEVIS Fee: This fee supports the Student and Exchange Visitor Information System.
  4. Visa Interview: Attend an interview at a U.S. Embassy or Consulate.
  5. Provide Supporting Documents: Include proof of financial support, academic transcripts, and admission letters.

F-2 Visa Application Steps

  1. Obtain Form I-20 for Dependents: The F-1 Visa holder’s institution will issue this document.
  2. Complete Form DS-160: Submit the non-immigrant visa application online.
  3. Visa Interview: Schedule and attend the interview.
  4. Provide Supporting Documents: Include the F-1 Visa holder’s I-20 form, financial proof, and marriage or birth certificates.

Key Considerations for F-1 and F-2 Visa Holders

  • Maintain Status: F-1 students must stay enrolled full-time and comply with visa regulations. F-2 dependents’ status depends on the F-1 Visa holder’s compliance.
  • Social Security Number (SSN): F-1 students need an SSN to work in the U.S.
  • Taxes: Both F-1 and F-2 Visa holders must adhere to U.S. tax laws.