| Individuals who are not U.S.
citizens or U.S. permanent residents in
the United States for the purpose of
study should be in F-1 or J-1 status.
To enter the U.S. in F-1 status, ISS
must provide the student with an I-20
(Certificate of Non-Immigrant
Eligibility) that is used to obtain the
F -1 visa. ISS is required to determine
if students have enough financial
resources to attend school and pay for
their living expenses while attending
school without resorting to illegal
employment or relying on public funds.
The F-1 visa is a non-immigrant visa and
therefore the student must prove to the
visa office that he/she has ties to the
home country and will not remain in the
United States. F-1 students must
register full time each fall and spring
semester. There are specific situations
that permit a student to under enroll
but must be approved by an international
student adviser. Dependents (spouse and
children) can also obtain an I-20 for
F-2 status. F-2 dependents may not work
under any circumstances. F-2 children
may attend school through secondary
education. After secondary education,
F-2 dependents (both spouse and
children) may not attend higher
education without changing to F-1
status. They may, however, take
avocational or recreational classes on a
part-time basis.
Another visa category that is for
study is the J-1 (student category). The
Certificate of Non-Immigrant Eligibility
for J status is the DS-2019. This is
also a non-immigrant visa status. The
rules for the J-1 are similar to the
F-1. However, there are two important
differences. Those in J-1 status may be
subject to what is referred to as the
"two-year home residency requirement" or
subject to 212(e) of the Immigration and
Nationality Act. The other difference is
that dependents may apply for work
permission. The two-year home residency
requirement means that those individuals
must return home for two years before
applying for the H, L, or permanent
residency visas. In addition, those
subject to the two-year home residency
requirement cannot change status to
another within the U.S. A J-1 becomes
subject to 212(e) by coming from a
country and studying a field on the
skills list, being sponsored by the U.S.
government or the home country
government, or studying in a program for
graduate medical education.
In general, most students are given
the I-20. Those students who are
government sponsored or who are on
exchange programs are given the
DS-2019. |