Studying in the USA

Process
Individuals wishing to study in the United States must apply and be admitted to an institution accredited by the U.S. Immigration and Naturalization Service to accept international students. The U.S. School will ask you to verify three things:

• That you are academically admissible (demonstrated by providing your transcripts and diplomas);
• That you have sufficient financial resources (generally between $20,000 -$35,000 per year) to meet your expenses and to return to your home country when you complete your course of study; and
• Either that you are proficient in English or will take classes at the institution to improve your English proficiency. Most U.S. schools require that you take the TOEFL (Test of English as a Foreign Language) exam. This exam is used as the means of assessing whether or not a student's knowledge of English is adequate to enable him/her to pursue a full course of study.

You must submit this material to the institution you wish to attend along with your application for admission to the school. If all the information provided is acceptable, the school of University will issue you an I-20 Form.

Once you receive the I-20 form, your must obtain an F-1 visa stamp. To do this you should take:

• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;

• I-20 issued by the school you wish to attend;
• Proof of finances;
• Copy of TOEFL Test scores; and
• Evidence that you will return home at the conclusion of your studies,
• One photograph 1 and 1/2 inches square (37x37mm) for each applicant, showing full face, without head covering, against a light background; and
• For the "F" applicant, a Form I-20A-B. For the "M" applicant, a Form I-20M-N.

to the United States Consulate or Embassy where you are living. At that time you will be asked to complete an OF-156 Form and will usually be interviewed briefly by a U.S. Consular Officer.

F-1 prospective students must also convince the American consular officer at the time they apply for a visa, as well as at a U.S. port of entry, that he or she has an unequivocal intent to depart the United States at the completion of his/her studies. You can demonstrate this intent by showing that you have strong enough ties to your home country which will compel you to return home at the conclusion of your studies in the United States.

If you qualify for a non-immigrant visa, the Consular Officer will issue you a non-immigrant visa stamp. Although the stamp reflects that you have been issued a visa to attend a particular school in the United States, you may actually use the stamp to enter the United States using another school's I-20. If you change your mind and decide to attend a school other than the one whose I-20 you used to enter the United States, you will be considered "out of status," and will be required to apply for restoration of status. You will not be allowed to work on campus until the INS approves your request for restoration of status.

Maintaining your non-immigrant status
Once you have been admitted to the United States, it is important that you maintain your non-immigrant status. To do this, you must:

• register full time for the course of study and at the school indicated on your I-20
• obey the laws of the United States
• follow the law with regard to employment
• make sure your immigration documents are valid and accurate

Registering Full Time
The exact number of credit hours you may need to register full time may vary slightly from school to school. The number varies in part because some schools are on the "semester" system, whereas others are on the "trimester" system. The following rules generally apply:

• Undergraduates must carry a minimum of 12 credit hours each semester
• Graduate students must carry a minimum of 8 credit hours each semester
• GTA’s/GRA’s must carry a minimum of 6 credit hours each semester
• You cannot average credit hour loads between semesters
• If you cannot register full time you must request and obtain approval for an exception from full time enrollment from an ISSO counselor

Exceptions from full time enrollment
If for some reason, you cannot register on a full time basis, you should see the Designated School Official on your campus to apply for an exception from full time enrollment. Generally, exceptions:

• Must be applied for each semester
• Should be requested before registering each semester or before dropping a class
• May be granted for illnesses if accompanied by a physicians letter
• Must be accompanied by the documents requested such as a transcript, plan of work, etc in order for the request to be processed
• May limit your permission to work on campus

Employment options for F-1 students
F-1 students are allowed to work, but there are some restrictions limiting the hours and location of that employment. Generally, F-1 students:

• May only work 20 hours per week on campus;
• May work full time on campus when classes are not in session or during an approved vacation semester;
• May not average hours of employment;
• Are limited to on-campus employment;
• Must apply to the INS for permission to work off campus due to economic hardship after 12 months in status;
• May qualify for practical training commensurate with their academic rank and major after 9 months in status or if required for their degree.

Practical Training
The U.S. Immigration and Naturalization Service recognizes that for students to get a well rounded educational experience, their academic coursework should be supplemented by real life hands on training. Thus, international students are allowed to engage in "practical training." Practical training is off campus work that is related to the level and field of a students study. Practical training is divided into two categories: Curricular Practical Training and Optional Practical Training.

Curricular Practical Training
A) The INS defines curricular practical training as an alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school. Curricular practical training which is work that is required for graduation or is part of the course of study and is generally taken before completion of studies. Curricular practical training is generally taken "for credit," and a specific job offer must be presented to the DSO. Curricular Practical Training is granted by the DSO with a notification copy sent to the DSO. English as a Second language students are NOT eligible for Practical Training.

As indicated, generally the course used for CPT is listed in the school's course catalog with the assigned number of credits. The course description and objectives should be clearly defined. Students enrolled in such a course may work out the detail of their specific projects within the established course objectives under the supervision of the instructor. If a program does not require such training as part of the degree program, a student may still qualify for curricular practical training if enrolled for a "for credit" course and if the course/training is considered to be an integral part of the curriculum.

Eligibility requirements
All training based employment which is a required part of a curriculum always meets the criteria for Curricular Practical Training (CPT) regardless of whether or not the student receives academic credit for the training. Employment which is not a required part of a degree program may still qualify under CPT if the student will receive academic credit for the employment training experience and if it is considered to be an integral part of the curriculum. To apply and receive CPT, a student must:

• Be in lawful F-1 status at the time of application for CPT
• Have been a full time student in a valid non-immigrant status for at least one academic year (9 months). If the applicant is a graduate students and the degree program requires immediate participation, this requirement is waived.
• Be in a regular degree program--students engaged in English as a second language programs are not eligible for CPT
• The employment must clearly be related to your field of study and be commensurate with the degree level s/he is pursuing.

Part-time versus full-time Curricular Practical Training
Students may engage in either full time or part time curricular practical training. The employment authorization indicated on the back of the student copy of the I-20 will indicate whether or not the CPT is granted for full time or for part time CPT. All CPT (full or part time) maybe granted only the Designated School Official/Foreign Student Advisor. A student's academic advisor, the Chair of the academic Department, and the Dean of the college may not grant CPT under the INS rules unless he or she is a "Designated School Official."

Part Time CPT
CPT is considered part time if the employment is for 20 hours or less per week AND if the student is also enrolled full time (including the credit hours for the CPT). Students authorized to work part time off campus as part of a curricular practical training program may not also simultaneously engage in additional on-campus employment. The 20 hours per week restriction is firm. There are no exceptions to this rule when classes are in session. There is no limit to the length of time that a student may engage in CPT on a part time basis, however, there are two conditions: students must be enrolled full time and if a student exceeds a total of 24 months of part time CPT, they will be ineligible for Optional Practical Training.

Full Time CPT
Any employment which exceeds 20 hours per week is considered "full time" Curricular Practical Training and must be specifically authorized as "full time" by the "Designated School Official". While engaged in full time CPT authorized by the DSO/Foreign Student Advisor, a student does not have to enroll for classes to maintain lawful F-1 status. Please be aware that any combination of part time and full time CPT which exceeds the equivalent of 12 months of more of CPT will make an international student ineligible for Optional Practical Training, even "Post-Completion OPT."

Process
To Apply for CPT a student must:

• Obtain a recommendation from his or her department academic advisor
• Complete and sign Section A (only) of the INS Form I-538. To download this form go to:
• http://www.ins.usdoj.gov/graphics/formsfee/forms/i-538.htm
• Provide a letter of offer from the proposed employer outlining the position, dates of proposed employment, whether the position is part time or full time, the name of the supervisor, location where s/he will work, and the duties and responsibilities of the position. (Your Foreign Student Advisor will have a sample letter)
• Provide evidence s/he is registered full time if applying for part time CPT
• Provide an unexpired foreign passport, I-94, and original I-20

If after a review of a CPT request, the DSO/FSA determines the student is eligible, s/he will endorse the back of the student's original I-20 for the CPT and will complete part B of the INS Form I-538. The Form I-538 will be sent by the DSO to the INS as a notification that the CPT has been authorized and this information will be entered into the INS database.

B) Optional practical training both before and after completion of studies (after 9 months in status)

• no job offer is required
• involves an application to the INS (forms I-765, I-765 Signature Card, I-538, and a copy of the I-20 with recommendation from the DSO)
• the employment must be directly related to the field of study and students rank
• the DSO recommends the optional practical training, but the INS must formally approve it.

International students may not begin working under Optional Practical Training unless and until the INS issues an Employment Authorization Document.

Maintaining valid documents
F-1 students are required to maintain valid documents at all time. To do this,

• Make sure your passport has not expired
• Have your immigration documents and transcript reviewed before any international travel
• Make sure your I-20 or IAP-66
• has not expired
• reflects your current major
• has the correct rank (i.e. masters, Ph.d, etc)
• is signed on the back
• has the correct spelling of your name, date and place of birth, etc.
• Check if your visa stamp needs to be renewed before travelling internationally

School Transfer
F-1 students may transfer from one authorized school to another as long as certain procedures are followed. To transfer schools:

• You must attend for one semester the school whose I-20 AB you used to enter the U.S. or apply for ROS (Restoration of Status)
• You must obtain evidence from your previous school’s DSO/ARO that you maintained status.
• You must complete the transfer procedure within 15 days of the start of classes. (For F-1 students this is indicated by the DSO from your new school on the back of your I-20.
• If you wish to attend another institution even for one semester, you must complete the transfer procedures (unless you will be simultaneously attending both schools in which case you should see an international student advisor at both schools.

Restoration of Status
An F-1 student who has overstayed his or her authorized period of stay or has otherwise failed to maintain F-1 student status may be reinstated to lawful F-1 status at the discretion of an Immigration and Naturalization Service (INS) District Director.

The INS director may reinstate the student to lawful F-1 status, if he or she:

1. Establishes to the satisfaction of the INS director that the violation of status resulted from circumstances beyond the student's control or that failure to receive reinstatement to lawful F-1 status would result in extreme hardship to the student;
2. Is currently pursuing, or intending to pursue, a full course of study at the school which issued the Form I-20A-B;
3. Has not engaged in unauthorized employment; and
4. Is not deportable on any ground other than section 241(a)(1)(B) or (c)(i) of the Act {overstaying or failing to maintain status}. {8 CFR 214.2(f)(16)(i)}

Application Procedure for ROS
Make an appointment with your Foreign Student Advisor (FSA) to review your application. The FSA will review your materials, issue a new I-20, and may prepare a cover letter. After this review, you can then send the following

1. Form I-20A-B (be sure to sign at #11);
2. completed Form I-539 with $120 fee (plus $10 for each dependent, if applicable);
3. original Form I-94;
4. copies of previously issued Form I-20ID (if available);
5. verification of funding; and
6. written statement explaining your situation and why you failed to maintain valid F-1 status (also confirm that the above four statements are true).

If the reinstatement application is approved, INS endorses Form I-20A-B, retains p. 1-2 for transmittal to INS's Data Processing Center, and returns the Form I-20ID (p. 3-4) will return the form directly to you, the student. Although there is no formal appeal from a denial, the applicant may seek reconsideration through a motion. Speak with your FSA for more information about a "motion to reconsider."

The address to send Restoration of Status requests in Michigan is:

INS PORT HURON ADDRESS:
Immigration and Naturalization Service
1410 Elmwood Street
Port Huron, Michigan 48060

Students may also come to the United States as J-1 Exchange Visitors. For more information about the J-1 Exchange Visitor program, click here.

In this section see also:

Visiting America
Working in the USA
Visiting America
K-1 Fiancée Visas
Educational and Cultural Exchanges
Reentry into the USA by Non-immigrant Aliens Holding Expired Visas
Passport Validity