Wolf W. Kaufmann

Immigration

Southern California Immigration Attorney

(951) 710-3250

Email: info@wolfklaw.com

Students, trainees, clerkships etc.

Students who attend a college or university in the United States can obtain a “student visa” (F-1) and stay in the U.S. for the duration of their studies. The school will issue a form called I-20 and also enter the student into a computer database called SEVIS.

With the I-20 the student then can apply for the visa at his or her consulate. The student needs to show that he or she intends to return home after completion of the studies, that he or she has the funds needed for the duration of the studies and that he or she is proficient enough in English to follow the course.

The visa can be issued up to 90 days before the courses start, but the student must not enter the United States earlier than 30 days before the start date.

Students entering the country before these 30 days on a B-2 visa, planning to change status to F-1, need to announce their intention upon the application of the B-2 visa or at the Port of Entry. It is very important not to mix the two visa types but to exactly follow the rules, otherwise the student status is in jeopardy.

Any changes in the studies, the workload etc. must be reported to the school and must be approved.

A student is usually not allowed to work while in the U.S. There are some very limited exceptions. The school will be able to counsel the student and approve planned employment. Any unauthorized employment will have dire consequences because the student loses the status and can be deported.

However, there is the possibility to engage in “Practical Training” either during or after the course of studies. The work must be related to the field of studies and must be approved by the school. A work authorization must be sought from USCIS. The maximum time allowed after completion of the studies is 14 months, but that needs to be carefully planned to allow for long processing times. For certain students in science, engineering, technology or math there are different provisions allowing for a longer stay.

Vocational and non-academic students

Participants in non-academic or vocational courses basically are subject to the same conditions shown above for academic students, however the regulations are somewhat more stringent. Again it is necessary to find an approved institution and course to issue the necessary I-20. Practical training is more limited than for F-1 students.

Cultural exchange programs, internships, clerkships etc.

Participants in cultural exchange programs will be issued a J-1 visa upon application through an accredited provider.

Students wishing to perform a clerkship, an internship or similar short stays in the United States to gain practical experience have several limited options that need to be carefully distinguished:

-some may be issued a B-2 visa as long as there is no actual “work” involved. This is mostly for interested persons who merely will observe the American workplace.

-students in F-1 status should inquire from their DSO

-students attending an university abroad might be given a visa for an internship in the U.S. Contact the institution if you need to find out more.

-There are special rules for medical students (see here)

-Trainees can be given H-3 or M-1 status. Inquire for more information.

Problems during “student status”

The most typical problems arising for persons who hold valid student, trainee, or J-visa are these:

-unathorized work

-substantive change of course of studies, location etc.

-violation of timeframes: entered too early, too late, unauthorized absence during the school year, etc.

-criminal convictions during stay

-unauthorized extension of stay

-unauthorized work by dependents of the student

In all these cases it is prudent to contact us immediately.