Many foreign nationals desire to obtain some of their education and training in the United States and get degrees and certifications from institutions that are located here. The U.S. government makes this possible through its nonimmigrant student visa programs, which can greatly benefit individuals when they return to their home countries. However, applying for programs is not easy, and making mistakes can result in your application being denied. In addition, there are several student visa programs — F-1, M-1 and J-1 — and it is important to understand their benefits and differences in order to determine which is right for you.
Fortunately, there is help available from the experienced Lexington immigration lawyers at Carman Fullerton. Our attorneys speak Spanish, and we can explain the different visa programs and their application processes, advantages and disadvantages; speak truthfully about your chances of success; and defend your legal rights to get the visa you need to further your career.
Understanding Educational Visa Programs
F-1 Visa: This visa is to allow foreign nationals to pursue academic studies in the United States. It is the most common type of visa, designed for those who want to attend a university or college, a high school, a private elementary school, a seminary, a conservatory, or another academic institution, including a language training program. Once you have an F-1 visa, you can study and stay in the U.S. until your course of study is completed, as long as you do not take a break from your studies for more than five months. F-1 visas are for students wishing to come to the U.S. on a temporary basis to study full time and who intend to leave the U.S. once their course of study is completed. You are expected to complete your studies by the expiration date on the I-20 form (Certificate of Eligibility for Nonimmigrant Student Status).
M-1 Visa: The M-1 visa is a nonimmigrant student visa program that allows foreign nationals to study at non-academic vocational or technical schools in the United States. To take part in this program, you must obtain advance authorization for practical training. You will need to receive a recommendation from your Designated School Official (DSO) in the Student and Exchange Visitor Information System (SEVIS) and an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS).
J-1 Visa: The J-1 Visa allows noncitizens to participate in teaching, instructing, studying, observing, conducting research, consulting, or graduate medical education in the United States. Some of the programs that can be applied for under the J-1 include those for:
- Full-time students
- Short-term scholars
- Professors and teachers
- Trainees and interns
- Physicians
- Government visitors
- Summer work travelers
- Professional international visitors
- Camp counselors
- Au pairs.
After their visa program is complete, participants must return to their home country for two years and apply the newly learned skills, however, many can stay an extra 30 days after concluding their program. They must be able to fund their trip and also have adequate medical insurance, speak the English language, maintain an overseas residence during this period and show they intend to return to their home country.
What are the Differences Between Student Visas?
The main differences between the F-1, M-1, and J-1 visas are in their purposes, type of study, employment opportunities, funding requirements, duration of stay, and post-program opportunities and considerations.
Purpose and Type of Study
The F-1 and M-1 visas are both for the purpose of studying in the United States, but the F visa is for academic studies, and the M visa is for nonacademic or vocational studies. The J-1 visa’s purpose is not for studying, but to allow exchange visitors participating in programs to obtain practical training not available in their home country so they can complete their academic program.
Employment Opportunities
The F-1 visa: Allows part-time on-campus employment (up to 20 hours/week) and optional practical training (OPT) for up to one year after completing studies. Through this visa, you are allowed to work in a part-time job through school while you are studying; and during periods of recess, you may work full time. After completing your studies successfully, you may apply for an H-1B work visa.
J-1 visa: This visa allows similar employment as F-1, with restrictions, if permitted by the exchange visitor program sponsor. Participants are allowed to work only at the educational institution attended, and the job must be related to the field of study. A J-1 student in either undergraduate or pre-doctoral training can participate in either 18 months of employment OR the full course of study, whichever is less if approved by the international advisor at Office of International Students and Scholars (OISS).
Funding Requirements
F-1 visa: Can be funded by a wide range of personal sources, outside sources, or a combination from family funds to public scholarships or industry funding.
M-1 visa: Participants are not allowed to work during their study period, and they must show evidence of sufficient funds to pay all tuition and living costs for the entire period of stay.
J-1 visa: Typically requires over 51% of participant funding to come from outside sources like universities or governments, scholarships, grants, or research funding, and not from personal sources such as savings, family, or friends.
Duration of Stay in the U.S.
F-1 visa: Valid for the duration of the academic program, regardless of how long this takes.
M-1 visa: Initially valid for one year, with possible extensions up to three years.
J-1 visa: Time allowed depends on the specific program, typically ranging from six months to several years.
Post-graduate Considerations
After graduation from the program, the J-1 visa holder may be subject to a two-year home residency requirement, meaning they need to return to their home country for two years before reapplying to enter the United States. The F-1 and M-1 visas do not have this requirement. F-1 visa holders must leave the U.S. within 60 days after the program end date. J-1 and M-1 visa holders must leave the U.S. within 30 days after the program end date.
Those wishing to extend their stay in the U.S. may request a visa extension through the U.S. Citizenship and Immigration Services (USCIS) website.
Get Help from Our Visa Attorney
Obtaining a visa is complicated, and it’s easy to make mistakes and have your application delayed or denied, but help is available from the experienced Lexington visa lawyer at Carman Fullerton. We provide skilled legal representation to handle all issues that can come up during the visa application process, as well as issues that arise if you decide you would like to remain in the United States.
Your education and your future are too important to risk. Call us today for an initial consultation to see how we can help.
Get Started Now — Call 859-971-0060
Attorney Kirby J. Fullerton
Mr. Fullerton’s practice is focused on immigration law. He speaks Spanish, and represents clients in cases before the immigration courts and the Board of Immigration Appeals. He began his career practicing criminal defense, and understands how matters in criminal courts can affect a client’s immigration status. [Attorney Bio]
