In the United States, the F visas are a type of non-immigrant student visa that allows foreigners to pursue education (academic studies and/or language training programs) in the United States. F-1 students must maintain a full course of study. F-1 visas are only issued in U.S. embassies and consulates, although extensions of stay and changes of status may be possible within the United States. [1] Prospective F-1 students must apply at the schools and receive a form I-20 in order to apply for an F-1 visa. [1] [2] F-1 students must show that they are able to support themselves during their stay in the U.S., as their opportunities for legal employment are quite limited. [3] F-2 visas are given to dependents of an F-1 student. F-2 visa-holders are prohibited from any form of compensated employment. However, minor children may attend public schools. [4] Finally, the F-3 visa is issued to Canadians and Mexicans who commute across the border to attend American schools. [5]
There are three types of F visas,
To pursue studies in F status at a college, university, or vocational school, it is necessary that the institution be a participant in the Student and Exchange Visitor Program (SEVP). An institution can acquire SEVP certification by filing Form I-17 with U.S. Immigration and Customs Enforcement (this is a one-time process). [7] An institution can be SEVP-certified despite not holding national or regional accreditation. [8] Conversely, an institution may hold national or regional accreditation but may have chosen not to obtain SEVP certification if it does not intend to admit international students in the F, J, or M status.
A large university typically has an international office that manages its participation in the SEVP, and all the designated school officials (DSOs) work for this office. The international office manages updates to the Student and Exchange Visitor Information System (SEVIS) record for students and issuing of new Form I-20s. Students who have any change to their plans (such as program end date, course load, leave of absence, return from leave of absence) must communicate these changes with their international office.
It is possible to obtain an F-1 visa to pursue studies at a secondary school (grades 9-12). As is the case with other institutions, the secondary school must be SEVP-certified. The school may be a public (government-funded) school or a private school. In the case of a public school, the student may attend for a maximum period of 12 months and must reimburse the school for the full per-capita cost of attendance. Neither of these requirements apply for students attending private schools. [9]
Once the prospective student has accepted the institution's offer of admission, the institution issues a Form I-20 to the student. [8] [10]
Apart from biographical information about the student (including the student's name, date of birth, citizenship, etc.), there are two main pieces of information that must be entered in the student's SEVIS record and the initial Form I-20.
Each international office may follow its own rules or guidelines regarding the type of documentation it requests from the student or from other departments in order to be able to issue the I-20. The jargon used for this documentation will also vary by institution. For instance, the University of Chicago and University of Michigan uses the term "Financial Resources Statement" for the statement that students need to submit to it regarding how they will meet their expenses, [3] [11] while the University of Illinois at Urbana–Champaign uses the term "Declaration & Certification of Finances for I-20/DS-2019 Application". [12]
After receiving information from the student and institution regarding the program length and end date, the international office creates the student's SEVIS record, gets a SEVIS number for the student, and issues a Form I-20. A physical copy of the form may be mailed to the student overseas. In the case that the student has a SEVIS record from previous student status, the existing SEVIS record should be transferred. [13]
The international office may refuse to issue a Form I-20 if the student is unable to demonstrate how he or she plans to cover expenses for the first year.
In order to transition to student status, the prospective student must pay a one-time SEVIS fee using Form I-901. [14] This fee applies both to people who are not currently in the United States (and need a visa) and to those who plan to change status using Form I-539. [15]
The application process for a F visa varies depending upon whether the student is outside of the United States, or already present within the United States.
Student who are outside of the United States, must apply for a student visa (F or M). The visa interview must be scheduled fewer than 120 days prior to the start date indicated on the Form I-20. [16] [17]
At the time of initial entry, the officer at the port of entry checks that the program start date is at most 30 days ahead, and that the I-20 has a valid travel signature. [18] It is also necessary that, at the time of initial entry, the school the student intends to attend matches the school on the student's visa and the student's I-20, though this is not a requirement in the future. [13] The officer at the port of entry also issues a Form I-94 with expiration date indicated as "D/S" (Duration of Status), which means that the student is in authorized status in the United States until the program end date indicated on the I-20 (and can stay in the United States for up to 60 days after that [19] ).
If the student is already in the United States in another status, it may be possible to change status using Form I-539. However, there are many limitations. For instance, the process generally takes 3–6 months, which can be considerably longer than traveling outside the United States and getting a new visa. [20]
For those who entered the United States using a B visa, having an annotation on the visa saying that the entrant is a "Prospective Student" is generally a prerequisite for the Form I-539 application to be accepted. [21] [22]
In general, the USCIS does not approve transition to student status with a start date more than 30 days prior to the program start date. Therefore, applications where the applicant's current status expires more than 30 days before the start date of their program are likely to be rejected. [23]
Students who transfer from one educational institution to another do not need to file Form I-539 or pay the SEVIS fee again. They can also re-enter on a student visa for a previous institution as long as the visa is still valid.
In order to maintain legal student status, the student is required to report to the international office at his/her institution about his/her successful arrival, along with all the relevant documentation (Form I-20, passport, visa, Form I-94). The international office in turn updates the student's SEVIS record indicating that the student has reported for studies. [24]
The Form I-94 that is issued to F-1 students upon arrival is generally annotated "D/S" indicating duration of status, which means that the student can stay in the United States as long as they are in valid student status. In addition, there is a grace period of 60 days after the completion of studies to depart the United States. [19] [25] [26]
The exception to "D/S" is in cases where the student's documentation is not considered complete or satisfactory by the officer at the port of entry. In this case, the expiration date on the Form I-94 is listed as thirty days from the present date, and the student is issued Form I-515A, indicating what information was missing from the student's documentation. The student must contact his or her international office for help with obtaining the correct documentation. [27] [28]
Under ordinary conditions (i.e., unless any exceptions apply) a student must, in order to maintain valid student status:
The SEVIS regulations stipulate one requirement for staying in status as being that the student must maintain a full course load, defined as 12 or more credit hours for credit-bearing schools and 18 or more contact hours for intensive English program enrollment. [26] However, the precise translation of the requirement in terms of the structure of courses at a particular institution may vary by institution.
The following are the accepted reasons for having a reduced course load in a given quarter or semester: [29] [30]
Reduced Course Load must be applied for in advance so that the SEVIS record can be updated and a new Form I-20 noting the Reduced Course Load can be issued.
On August 27, 2002, an Interim Final Rule was issued extending Reduced Course Load to border commuter students (one of the measures that was part of the introduction of the F-3 status); this was a complementary measure to the phasing out of the use of B visas for study. [31]
Unless approved for practical training, a person in student status may only engage in on-campus employment. [32] On-campus employment may include: [32] [33]
There are also limits on the amount of time a student may engage in on-campus employment. While school is in session, this can be no more than 20 hours per week. While school is out of session, there are no restrictions on the amount of work. [33]
There are two primary ways a person in student status may be able to legally qualify for off-campus employment, namely Curricular Practical Training and Optional Practical Training. Both of these need to be approved by the institution and included in the student's SEVIS record and Form I-20. Within Optional Practical Training, there is both pre-completion and post-completion Optional Practical Training.
A student in F-1 status is not allowed to engage in on-campus employment during the 60-day grace period after completion of studies. Moreover, while the student is on post-completion Optional Practical Training, the student can only engage in the type of employment permitted by that Optional Practical training, and therefore cannot engage in arbitrary on-campus work.
An F-1 student who experiences severe economic hardship due to unforeseen circumstances beyond the student's control, the student may request employment authorization to work off-campus under certain circumstances. [34] Examples of unforeseen circumstances that may be eligible include loss of financial aid due to no fault of the student, loss of on-campus employment through no fault of the student, substantial fluctuations in currency value or exchange rate, inordinate increases in tuition or living costs, unexpected changes in the financial condition of the student's source of support, and substantial unexpected medical bills. [34] The student must have been in F-1 status for one full academic year, be a student in good standing, and be carrying a full course of study. [35] Off-campus employment must not interfere with the student's full-time studies and the employment is necessary to avoid severe economic hardship. [35] A student experiencing such a severe economic hardship due to unforeseen circumstances may request employment authorization by sending Form I-765, a copy of the student's Form I-20 including the employment page completed by the designated school official, and documentation of the severe economic hardship due to unforeseen circumstances to U.S Citizenship and Immigration Services. [34] If U.S. Citizenship and Immigration Services approves the request, the student may work off-campus in one-year intervals up to the expected date of completion the student's current course of study. [34]
Over and above the rules imposed on account of F student status, the student and employer must also comply with all existing federal, state, and local regulations pertaining to wages, working conditions, and tax law. For instance, the student may need to obtain a Social Security Number in order to be able to engage in on-campus work, and employers may ask the student to fill Form I-9 at the start of employment. [33]
The F status does not explicitly recognize Leave of Absence. Rather, if somebody intends to take a lengthy leave of absence, then their institution terminates their SEVIS record for "Authorized Early Withdrawal". There is a 15-day grace period to depart the United States on such a terminated record. [36] If the student then returns in 5 months or fewer, the F-1 status can be reactivated with the same I-20 and without any effect on OPT/CPT eligibility (this has a lead time of up to a month). If more than 5 months elapse, a new SEVIS record must be created for the student, with a new Form I-20. [37] [38]
Physical absence from the United States for a contiguous period of over five months automatically deactivates one's student status, even if the student did not explicitly request termination of the SEVIS record. [38]
It may happen that the student's actual program end date falls earlier or later than what the student expected. It is necessary that a new I-20 be issued reflecting the current program end date, both prior to the program's actual end and prior to the stated program end date on the Form I-20.
If the Form I-20 is being shortened, the international office may require the student to submit evidence showing that the student has enough academic credits to graduate early. [39] If the Form I-20 is being extended, then, in addition to any evidence from the student about changed academic plans, the international office also needs an updated statement of financial resources for the new I-20 to cover up to one year of the I-20 extension.
After the change to the program end date is made in the student's SEVIS record, the new Form I-20 is issued to the student.
The program end date on the Form I-20 need not coincide with the graduation date. Rather, it is the end date of the student's enrollment in courses. It is not possible to extend the program end date simply in order to be able to stay around till the graduation ceremony. If the graduation ceremony falls outside the 60-day grace period of completion of coursework, then the student must find some other way to be legally present for it (for instance, by staying around on Optional Practical Training, or getting a B visa for the graduation ceremony). [39]
Whenever the student re-enters the United States after traveling, the student must have all of these at the time of arrival at the port of entry: [40]
Since travel signatures are valid for only a year, students need to periodically get updated travel signatures on their I-20 from their international student office. The purpose of this requirement is to avoid cases where people who are no longer enrolled as students at an institution keep using an outdated Form I-20 to get in. In particular, when adding a new travel signature to the OPT, it is the responsibility of the international student office to make sure that the student is still enrolled at the institution. In case the Form I-20 runs out of space for travel signatures, the international office may print out a new Form I-20 for the student.
In the special case of automatic visa revalidation, whereby the student returns to the United States after a trip to Canada, Mexico, or a nearby island for at most 30 days, it is not necessary to have a valid visa at the time of re-entry. However, it is still necessary to have a valid Form I-20 and a travel signature. [41]
After completion of studies, a student has a 60-day grace period to depart the United States. It is not possible to re-enter the United States during this grace period, regardless of the validity of visa or travel signatures. This does give the student some time to change to another non-immigrant status if applicable. However, if the student is unable to successfully change status the student must nonetheless depart the United States. [42]
One way a student can continue to stay in the United States on student status after completion of studies is by being approved for post-completion Optional Practical Training. Post-completion OPT can start at most 60 days after the completion of studies, and requires the student to work at least 20 hours a week (excluding up to 90 days of unemployment) on topics related to the student's program of study. Post-completion OPT can be at most 12 months long. While doing post-completion OPT, the student is still in F status but cannot engage in arbitrary on-campus employment or enroll in a degree program.
The status for dependents (spouses and children) of people on F-1 status is the F-2 status. Since the F-2 status is a derivative status, a person goes out of F-2 status as soon as the corresponding principal (the student in F-1 status) goes out of F-1 status. [4]
The F-2 dependent may enter the United States along with the F-1 principal, or at any later time. [43]
F-2 dependent spouses have a very limited range of activities they can legally do. In particular, they are not allowed to enroll in a full course of study (but they may still attend classes at a SEVP-certified school) and they are not allowed to work, and cannot obtain Social Security Numbers. This differs somewhat from J-2 spouses, who can take coursework and are also eligible for work authorization though they need to apply for it. [44] [45] If a person on F-2 status gets admitted to a degree program in the United States, that person can transition to F-1 status after obtaining a Form I-20 and then filing Form I-539. [46] However, the person will need to a get a new visa for subsequent re-entry to the United States.
F-2 dependent minor children can study in school (K-12, i.e., secondary or lower level of education). If unmarried, the same permissions and restrictions apply to them for post-secondary education as apply to F-2 dependent spouses: they can take classes at a SEVP-certified school but cannot engage in a full course of study. [44]
The count below is of the number of visas issued by a United States consular officer. The years here are Fiscal Years, so for instance the year 2004 refers to the period from October 1, 2003 to September 30, 2004. [47] This includes visas issued to people who are in an existing program of study and whose visa has expired, therefore it exceeds the actual number of distinct students admitted every year. On the other hand, since many students get multi-year, multi-entry visas, and a new visa needs to be issued only when the person travels outside the United States, this number is less than the total number of students in that status currently present in the United States. In other words, it is somewhere intermediate between the annual flow and total stock of students in F status. [47] The F-3 became available in Fiscal Year 2004 so the number of F-3 visas issued before that is zero.
| Fiscal Year | Number of F-1 visas issued | Number of F-2 visas issued | Number of F-3 visas issued | Ratio of F-2 visas to F-1 visas | Percentage growth in F-1 visas issued | Notes |
|---|---|---|---|---|---|---|
| 1997 | 266,483 | 22,099 | 0 | 8.29% | no data | |
| 1998 | 251,565 | 21,845 | 0 | 8.68% | -5.59% | |
| 1999 | 262,542 | 22,893 | 0 | 8.71% | +4.36% | |
| 2000 | 284,053 | 24,891 | 0 | 8.76% | +8.19% | |
| 2001 | 293,357 | 26,160 | 0 | 8.94% | +3.27% | |
| 2002 | 234,322 | 22,212 | 0 | 9.48% | -20.12% | [lower-alpha 1] |
| 2003 | 215,695 | 19,885 | 0 | 9.22% | -7.94% | [lower-alpha 2] |
| 2004 | 218,898 | 18,893 | 16 | 8.63% | +1.48% | [lower-alpha 3] |
| 2005 | 237,890 | 18,061 | 42 | 7.59% | +8.67% | [lower-alpha 4] |
| 2006 | 273,870 | 20,748 | 19 | 7.58% | +15.12% | |
| 2007 | 298,393 | 22,036 | 119 | 7.38% | +8.95% | [lower-alpha 5] |
| 2008 | 340,711 | 23,193 | 519 | 6.81% | +14.18% | |
| 2009 | 331,208 | 21,817 | 773 | 6.58% | -2.78% | [lower-alpha 6] |
| 2010 | 385,210 | 25,220 | 887 | 6.55% | +16.30% | [lower-alpha 7] |
| 2011 | 447,410 | 27,703 | 959 | 6.19% | +16.14% | |
| 2012 | 486,900 | 27,561 | 792 | 5.66% | +8.82% | [lower-alpha 8] |
| 2013 | 534,320 | 29,139 | 678 | 5.45% | +11.58% | |
| 2014 | 595,569 | 31,732 | 403 | 5.33% | +9.77% | |
| 2015 | 644,233 | 33,632 | 63 | 5.22% | +8.17% | |
| 2016 | 471,728 | 30,486 | 0 | 6.46% | -26.78% | [lower-alpha 9] |
| 2017 | 393,573 | 27,435 | 0 | 6.97% | -16.57% | [lower-alpha 9] |
| 2018 | 362,929 | 26,650 | 0 | 7.34% | -7.79% | [lower-alpha 9] |
The data below is from the U.S. Department of State visa statistics. [47]
A country where visas are issued for shorter durations and single entry will see more visa applications for the same total number of students in the United States. In particular, one of the main factors inflating the number of student visas issued to students from China was that the visa issued was a single-entry visa valid for one year, so a student visiting family every year had to renew the visa. The United States and China switched to a 5-year validity multiple-entry visa in November 2014 and the corresponding reduction in the number of F-1 visas issued should therefore be seen in the statistics starting Fiscal Year 2016 (since the first multi-entry five-year validity visas will be issued in Fiscal Year 2015, there will be less need for visa renewal starting in Fiscal Year 2016). [48] [49] [50] In the table below, the columns are arranged in decreasing order of F-1 visa usage in FY 2015.
| Year | Worldwide total of F-1 visas issued | Mainland China | India | Saudi Arabia | South Korea | Japan | Brazil | Taiwan |
|---|---|---|---|---|---|---|---|---|
| 1997 | 266,483 | 11,909 | 10,532 | 3,529 | 36,188 | 35,157 | 12,293 | 14,794 |
| 1998 | 251,565 | 13,958 | 12,154 | 3,796 | 21,271 | 34,063 | 14,812 | 13,867 |
| 1999 | 262,542 | 16,303 | 15,286 | 3,893 | 20,883 | 33,762 | 13,985 | 14,709 |
| 2000 | 284,053 | 21,586 | 20,469 | 4,038 | 27,520 | 32,661 | 12,452 | 16,084 |
| 2001 | 293,357 | 25,218 | 24,106 | 4,359 | 28,977 | 32,237 | 12,524 | 24,106 |
| 2002 | 234,322 | 21,784 | 20,771 | 1,515 | 26,670 | 25,036 | 8,335 | 13,952 |
| 2003 | 215,695 | 16,169 | 19,152 | 1,158 | 28,695 | 24,825 | 7,066 | 11,490 |
| 2004 | 218,898 | 18,089 | 18,309 | 1,008 | 29,673 | 24,562 | 6,683 | 14,224 |
| 2005 | 237,890 | 21,642 | 20,173 | 2,166 | 35,310 | 24,554 | 5,845 | 15,488 |
| 2006 | 273,870 | 28,444 | 26,342 | 9,240 | 42,681 | 23,417 | 5,926 | 16,727 |
| 2007 | 298,393 | 39,535 | 34,471 | 5,776 | 45,915 | 21,900 | 7,418 | 14,973 |
| 2008 | 340,711 | 56,258 | 36,149 | 8,038 | 50,078 | 19,876 | 10,556 | 14,640 |
| 2009 | 331,208 | 81,842 | 26,890 | 11,193 | 39,040 | 16,423 | 9,160 | 10,978 |
| 2010 | 385,210 | 113,772 | 25,783 | 21,101 | 44,328 | 15,014 | 10,532 | 10,785 |
| 2011 | 447,410 | 153,026 | 25,649 | 27,738 | 45,638 | 16,811 | 14,408 | 11,200 |
| 2012 | 486,900 | 189,402 | 23,446 | 27,932 | 39,159 | 18,669 | 15,506 | 10,621 |
| 2013 | 534,320 | 217,593 | 36,141 | 28,597 | 33,584 | 18,837 | 14,890 | 9,921 |
| 2014 | 595,569 | 244,927 | 56,653 | 32,006 | 29,324 | 18,258 | 14,371 | 9,731 |
| 2015 | 644,233 | 274,460 | 74,831 | 28,171 | 27,324 | 17,203 | 14,344 | 9,791 |
| 2016 | 471,728 | 148,016 | 62,537 | 16,474 | 25,355 | 16,668 | 10,978 | 9,730 |
| 2017 | 393,573 | 112,817 | 44,741 | 11,414 | 22,856 | 15,982 | 12,178 | 9,117 |
| 2018 | 362,929 | 98,904 | 42,694 | 12,502 | 20,959 | 14,413 | 13,288 | 8,474 |
In Fiscal Year 2012: [51]
| Type | Total Applicants | Issued | Refused | Waived or Overcome |
|---|---|---|---|---|
| F-1 | 657,714 | 486,900 | 170,814 | 64,829 |
| F-2 | 39,237 | 27,561 | 11,676 | 5,759 |
| F-3 | 895 | 792 | 103 | 86 |
The Institute of International Education maintains data on the number of international students as part of its Open Doors project, supported from a grant by the Bureau of Educational and Cultural Affairs in the U.S. Department of State. [52] The data is collected through surveys of over 3,000 accredited U.S. higher education institutions, and does not rely on any privileged access to government data; in particular institutions not included in the survey (such as high schools that issue student visas, and non-accredited institutions that are SEVP-certified) may be omitted from the statistics. [53] Open Doors surveys were started in 1949, but data presented here is mostly from 2000, which is what their free online portal has (some tables have additional data available for every fifth year from 1949-1950 to 1999-2000).
This data differs from the data on F visas issued in the following respects:
This table differs from the previous table:
| Academic year | Total number of international students | Mainland China | India | South Korea | Saudi Arabia | Canada | Brazil | Taiwan | Japan |
|---|---|---|---|---|---|---|---|---|---|
| 1949–1950 | 26,433 | 0 | 1,359 | 258 | 18 | 4,362 | 423 | 3,637 | 265 |
| 1954–1955 | 34,232 | 0 | 1,673 | 1,197 | 40 | 4,655 | 507 | 2,553 | 1,673 |
| 1959–1960 | 48,486 | 0 | 3,780 | 2,474 | 93 | 5,679 | 473 | 4,546 | 2,248 |
| 1964–1965 | 82,045 | 5 | 6,814 | 2,604 | 552 | 9,253 | 691 | 4,620 | 3,534 |
| 1969–1970 | 134,959 | 19 | 11,329 | 3,991 | 1,029 | 13,318 | 1,349 | 8,566 | 4,311 |
| 1974–1975 | 154,580 | 22 | 9,660 | 3,390 | 1,540 | 8,430 | 1,970 | 10,250 | 5,930 |
| 1979–1980 | 286,340 | 1,000 | 8,760 | 4,890 | 9,540 | 15,130 | 2,910 | 17,560 | 12,260 |
| 1984–1985 | 342,110 | 10,100 | 14,620 | 16,430 | 7,760 | 15,370 | 2,790 | 22,590 | 13,160 |
| 1989–1990 | 386,850 | 33,390 | 26,240 | 21,710 | 4,110 | 17,870 | 3,730 | 30,960 | 29,840 |
| 1994–1995 | 452,635 | 39,403 | 35,357 | 33,599 | 4,075 | 22,747 | 5,017 | 36,407 | 45,276 |
| 1999–2000 | 514,723 | 54,466 | 42,337 | 41,191 | 5,156 | 23,544 | 8,600 | 29,234 | 46,872 |
| 2000–2001 | 547,867 | 59,939 | 54,664 | 45,685 | 5,273 | 25,279 | 8,846 | 28,566 | 46,497 |
| 2001–2002 | 582,996 | 63,211 | 68,836 | 49,046 | 5,579 | 26,514 | 8,972 | 28,930 | 46,810 |
| 2002–2003 | 586,323 | 64,757 | 74,603 | 51,519 | 4,175 | 26,513 | 8,388 | 28,017 | 45,960 |
| 2003-2004 | 572,509 | 61,765 | 79,736 | 52,484 | 3,521 | 27,017 | 7,799 | 26,178 | 40,835 |
| 2004–2005 | 565,039 | 62,523 | 80,466 | 53,358 | 3,035 | 28,140 | 7,244 | 25,914 | 42,215 |
| 2005–2006 | 564,766 | 62,582 | 76,503 | 59,022 | 3,448 | 28,202 | 7,009 | 27,876 | 38,712 |
| 2006–2007 | 582,984 | 67,723 | 83,833 | 62,392 | 7,886 | 28,280 | 7,126 | 29,094 | 35,282 |
| 2007–2008 | 623,805 | 81,127 | 94,563 | 69,124 | 9,873 | 29,051 | 7,578 | 29,001 | 33,974 |
| 2008–2009 | 671,616 | 98,235 | 103,260 | 75,065 | 12,661 | 29,697 | 8,767 | 28,065 | 29,697 |
| 2009–2010 | 690,923 | 127,822 | 157,588 | 72,153 | 15,810 | 28,145 | 8,786 | 26,685 | 24,842 |
| 2010–2011 | 723,277 | 104,897 | 103,895 | 73,351 | 22,704 | 27,546 | 8,777 | 24,818 | 21,290 |
| 2011–2012 | 764,495 | 194,029 | 100,270 | 72,295 | 34,139 | 26,821 | 9,029 | 23,250 | 19,966 |
| 2012–2013 | 819,644 | 235,597 | 96,754 | 70,627 | 44,566 | 27,357 | 10,868 | 21,867 | 19,568 |
| 2013–2014 | 886,052 | 274,439 | 102,673 | 68,047 | 53,919 | 28,304 | 13,286 | 21,266 | 19,334 |
| 2014–2015 | 974,926 | 304,040 | 132,888 | 63,710 | 59,945 | 27,240 | 23,675 | 20,993 | 19,064 |
| 2015–2016 | 1,043,839 | 328,547 | 165,918 | 61,007 | 61,287 | 26,973 | 19,370 | 21,127 | 19,060 |
The data below is only for the academic year 2015-2016. The version presented below includes only the top eight countries by the total number of students. The IIE website has more detailed information. Of these countries, India is unusual in having a much larger number of students at the graduate study level than the undergraduate study level, while Brazil and Saudi Arabia are unusual in having a large fraction of their students enrolled in non-degree programs. [55]
| Country | Total | Undergraduate | Graduate | Non-degree | Optional Practical Training |
|---|---|---|---|---|---|
| Mainland China | 328,547 | 135,629 | 123,250 | 17,475 | 52,193 |
| India | 165,918 | 19,302 | 101,850 | 2,438 | 42,328 |
| South Korea | 61,007 | 32,695 | 16,613 | 4,660 | 7,039 |
| Saudi Arabia | 61,287 | 33,951 | 13,210 | 12,630 | 1,495 |
| Canada | 26,973 | 13,223 | 10,220 | 633 | 2,897 |
| Brazil | 19,370 | 6,990 | 4,308 | 6,751 | 1,321 |
| Taiwan | 21,127 | 6,358 | 9,164 | 1,588 | 4,017 |
| Japan | 19,060 | 9,285 | 3,125 | 5,234 | 1,416 |
| Worldwide total | 1,043,839 | 427,313 | '383,935 | 85,093 | 147,498 |
Until the late 19th century, migration to the United States was relatively unrestricted, so that there was no special immigration status needed for students [ citation needed ]. However, the Carriage of Passengers Act of 1855 recognized a separate category for temporary immigrants, and the Chinese Exclusion Act, that excluded all Chinese skilled and unskilled laborers, carved out an exception for students. [26] By 1913, U.S. Bureau of Education records indicated that 4,222 international students were enrolled in 275 U.S. universities, colleges, and technical schools; most of them were sent by foreign governments for education and training that would be useful when the students returned home. [26]
The Institute of International Education was formed in 1919 to protect and promote the interests of international students and exchange visitors. Lobbying by the IIE led in 1921 to the classification of students as nonimmigrants and the creation of a separate nonimmigrant visa for students, thereby exempting students from the numerical quotas placed in the Emergency Quota Act of 1921 and the Immigration Act of 1924. [26] [56] Starting 1918, all noncitizens started being required to obtain visas prior to entry to the United States, and in 1924, Congress enacted a provision requiring consular officers to make a determination of admissibility prior to issuing a visa. [57] As a result, starting around this time, the majority of noncitizens coming to the United States for study did so on student visas.
The letter "F" for student visas arose from the Immigration and Nationality Act of 1952. Title I, Section 15 of the Act used the letters A through I to specify the permitted nonimmigrant statuses, and the letter F was chosen for student status. [58]
The Fulbright–Hays Act of 1961 created the J visa for exchange visitors; some students would use the J visa instead of the F visa. The Immigration and Nationality Act Amendments of 1981 created the M visa for people engaged in vocational (nonacademic) courses. [59]
The F status was initially granted only one year at a time, so students in multi-year courses of study needed to renew their status every year. [60] A regulation in 1978 switched F status to using "duration of status"; [61] this was partially rolled back in 1981 [62] and reinstated in 1983, [59] with a further update in 1987. [63] [60]
In the 1993 World Trade Center bombing, a truck bomb was detonated below the North Tower of the World Trade Center in New York City. In the aftermath of this incident, the student visa came under increased scrutiny when it was discovered that Eyad Ismoil, one of the terrorists involved was in the United States on an expired student visa. [26] [64] [65] [66]
A memorandum from the U.S. Department of Justice's Office of Investigative Agency Policies to the Deputy Attorney General dated September 24, 1994, mentioned the need to subject foreign students to thorough and continuing scrutiny before and during their stay in the United States. On April 17, 1995, the Deputy Attorney General asked the INS Commissioner to address this issue. This led to the formation of an INS task force in June 1995 to conduct a comprehensive review of the F, M, and J visa processes. Besides the INS, the task force included members from the State Department and the United States Information Agency, and experts in the administration of international student programs. [66] The task force report, issued on December 22, 1995, identified problems in the tracking and monitoring of students by schools, problems in the certification of schools by the INS, and problems with INS receiving and maintaining up-to-date records from schools. [66] As a result of these findings, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) directed the Attorney General, in consultation with the Secretary of State, to develop and conduct a program to collect certain information on nonimmigrant foreign students and exchange visitors from approved institutions of higher education and designated exchange visitor programs. [26] [66]
In June 1997, the INS launched a pilot program for a centralized electronic reporting system for institutions, called the Coordinated Interagency Partnership Regulating International Students (CIPRIS). The CIPRIS pilot officially ended in October 1999, as the INS felt it had gathered enough data from the prototype to start working on the nationwide system. [66] The INS began working on a new system that would be called the Student and Exchange Visitor Program (SEVP) with the associated information system called the Student and Exchange Visitor Information Service (SEVIS). During the rollout, CIPRIS and SEVIS met with considerable opposition from the Association of International Educators and the American Council on Education. However, they claimed that the opposition was not against the programs in principle but due to the concern that a botched rollout by the INS could result in many students suffering. [26] [66]
In the aftermath of the September 11 attacks (September 11, 2001) and the Patriot Act passed in response (October 26, 2001), there was further increase in scrutiny of student visas, increasing the momentum in favor of the adoption of SEVIS. This was partly because one of the attackers, Hani Hanjour, had come to the United States on a student visa. [26] [66] [67]
Below is a timeline of the key events in the two years after the attacks describing the key steps in the evolution of SEVIS: [26]
| Date | Type of action | Title and reference |
|---|---|---|
| October 26, 2001 | Final legislation | Patriot Act; mandates implementation of Section 641 of the IIRIRA |
| May 16, 2002 | Proposed rule | Retention and reporting requirements for F, J, and M nonimmigrants; Student and Exchange Visitor Information System [68] |
| July 1, 2002 | Interim final rule | Allowing eligible schools to apply for preliminary enrollment in SEVIS [69] |
| September 11, 2002 | Implementation deadline | The Interim Student and Exchange Authentication System (ISEAS), an interim program by the U.S. Department of State, comes into force. This is a temporary system put in place until SEVIS goes live. [70] |
| September 25, 2002 | Interim final rule | Requiring certification of all service-approved schools for SEVIS enrollment [71] |
| December 11, 2002 | Interim final rule | Retention and reporting of information for F, J, and M nonimmigrants; SEVIS [72] |
| January 31, 2003 | Implementation deadline | Mandatory SEVIS use begins |
In August 2006, SEVIS would be used to identify Egyptian students who arrived in the United States for a one-month study program at Montana State University but failed to report for the program; most of the students would be apprehended by ICE and the FBI. [73] [74] A Congressional Research Service report would cite this as a claimed success of SEVIS as a recordkeeping system. [60]
Since some of the people involved with the September 11 attacks had originally entered on B visas but then taken courses at flight schools, the rules surrounding study by people on B visas were tightened. Previously, people on B visa could undertake short courses of study. An interim final rule passed on April 12, 2002 required anybody on a B visa to transition to a F or M visa prior to starting a program of study. Moreover, people on B status could transition using Form I-539 (i.e., change status while in the US) only if their visa had an annotation indicating that they might transition to student status. [26] [75]
A Presidential Directive on May 7, 2002, called for the creation of the Interagency Panel on Advanced Science and Security (IPASS). The original intent of IPASS was to help with the evaluation of suspicious visa applications in subjects that had implications for national security. [26] [76]
A Technology Alert List (TAL) was originally created in November 2000, and subsequently expanded in August 2002. This list contains various types of technologies and domains of study that were particularly sensitive, whereby applicants for student visas in those domains of study received additional scrutiny. In addition it included a list of designated State Sponsors of Terrorism, countries from which visa applicants received additional scrutiny include countries with nuclear capability such as China, India, Israel, Pakistan, and Russia. [77] [78] [79] [80]
In March 2020, in two pieces of guidance issued in response to the COVID-19 pandemic in the United States, U.S. Immigration and Customs Enforcement (ICE) issued guidance temporarily modifying the Student and Exchange Visitor Program (SEVP). The guidance allowed students in F-1 or M-1 status to retain student status while staying in the United States if their school is temporarily closed due to COVID-19, and to maintain status by enrolling in courses online if their school switches coursework to online, whether inside or outside the United States. [81]
On July 6, 2020, ICE partially rolled back the temporary modifications, with the rollback effective from the autumn (fall) of 2020. With the modified guidance, international students in F-1 or M-1 status must be enrolled in at least one in-person course in order to continue to stay in the United States; however, if their school is offering a hybrid of in-person and online coursework, they can take some courses online and count those toward credit requirements. [82] Multiple lawsuits were filed by universities against ICE for this rollback. [83] In response, ICE rescinded its July 6 order, thereby reinstating the full set of temporarily modifications made to the Student and Exchange Visitor Program (SEVP) in March 2020. [84] [85] On April 26, 2021, ICE announced that the guidance would continue to apply for the 2021-2022 academic year. [86] [87]
At the start of the 2020s, several states, most notably California, passed legislation that would allow college athletes to monetize their name, image, and likeness (NIL). These moves have forced the hand of college governing bodies. The main U.S. governing body for college sports, the National Collegiate Athletic Association, implemented NIL reform for 2021–22, and the smaller National Association of Intercollegiate Athletics adopted the same in 2020. However, NIL reform carries with it serious implications for non-U.S. student-athletes that, according to multiple media reports, have yet to be addressed. Almost all non-U.S. student-athletes are on F visas, which carry with them a prohibition from earning any substantial income while in the U.S. with narrow exceptions that appear not to apply to income obtained from NIL. The P-1A visa, under which many professional athletes enter the U.S., does allow for NIL income, but ICE regulations state that it is issued "solely for the purpose of performing at a specific athletic competition", which would not account for also being a student. According to what in late 2021 was the NCAA's most recent report on international student participation, covering a period that ended with the 2018–19 school year, F visa holders made up 12.4% of NCAA Division I student-athletes in 2018–19, a percentage that had increased in each of the previous five years. That total masked dramatic variations from sport to sport. International students were less than 1% of D-I football players in 2018–19, but over 30% of D-I players in both men's soccer and women's golf, and over 60% of D-I tennis players. An immigration attorney interviewed for a June 2021 ESPN story suggested that the final outcome could be a court case in which an international student challenged NCAA rules barring that individual from NIL benefits, or ICE attempted to deport a college athlete for accepting NIL income. [88] [89]
A November 2021 story by the ESPN-owned web outlet FiveThirtyEight pointed out that the key distinction in whether an international student-athlete could profit from NIL deals is the type of visa the individual holds. Student-athletes who hold green cards, giving them the right to permanently live and work in the U.S., are able to fully profit from NIL deals, with the story specifically citing Jamaica-born Illinois All-American basketball center Kofi Cockburn as such an example. The story also noted that a significant number of the most marketable student-athletes from an NIL standpoint were international, specifically citing Nebraska basketball, in which the men's and women's players with the largest social media followings at the start of the 2021–22 season were respectively Keisei Tominaga from Japan and Jaz Shelley from Australia. [89]
The M visa shares a number of features with the F visa: [90]
However, there are a few differences: [91]
The J-1 visa can be used by students in degree programs in some cases. [96] Some similarities with the F status:
There are some key differences: [101]
F-1 status holders may earn income through on-campus employment, scholarships, as well as Optional Practical Training and Curricular Practical Training. Generally speaking, they need to file tax returns reporting all such income and pay taxes on it. [104]
F-2 status holders cannot legally work in the United States, and therefore do not have any income tax obligations. However, they still need to file Form 8843, as discussed below.
There are two tests to determine permanent residency: the Green Card Test and the Substantial Presence Test. Almost everybody in student status is likely to fail the Green Card Test since it applies only to people who have held a green card in the tax year. The relevant test for students is therefore the Substantial Presence Test.
By the Substantial Presence Test, a person who is in the United States for at least 31 days in the current year and for a weighted total of at least 183 days in the past three calendar years (using a weighting formula) is a resident for tax purposes. However, one can exclude up to five calendar years in F status from this calculation. In particular, people who are arriving in the United States for the first time in F status can file as nonresidents for tax purposes for the first five years. However, those who have been in the United States recently in other statuses may need to file as residents for tax purposes due to their past presence. [105] [106]
Those who are classified as residents for tax purposes need to file Form 1040, 1040A or 1040EZ. Those who are classified as nonresidents for tax purposes need to file Form 1040NR or 1040NR-EZ.
Income earned through on-campus part-time or full-time employment is generally classified as wages. In order to be able to earn wages, the student needs to obtain a Social Security Number and fill Form I-9 and Form W-4 for the employer, just like United States workers. The employer issues a Form W-2 at the end of the year documenting the total income and withheld federal and state taxes. This total amount across all employers is filled in by the student on Line 7 of the Form 1040 (if a resident for tax purposes) or Line 8 of Form 1040NR (if not).
Nonresidents in F status are not required to pay Social Security or Medicare taxes for employment that falls within their status, including both on-campus employment and employment through Curricular Practical Training and Optional Practical Training. [107]
Residents for tax purposes are also exempt from Social Security and Medicare taxes for income earned where the employer is the educational institution, subject to a number of caveats. [108] [109] Residents do need to pay Social Security and Medicare taxes on both on-campus employment not by their university, as well as off-campus employment such as that undertaken as part of Curricular Practical Training and Optional Practical Training. [108]
Tuition waivers that do not involve the student actually receiving money are not taxable and not reported as taxable. However, scholarships that involve the transfer of money to the student do need to be reported and taxed. [110]
If the student is a nonresident for tax purposes, the scholarships are reported using Form 1042-S and tax is withheld at 14% if the student has a SSN or Individual Taxpayer Identification Number, and at 30% otherwise. The student must report the tax on Line 12 of the Form 1040NR and use it in calculating his or her tax liability. Many states do not require state tax withholding on scholarship income. [110]
If the student is a resident for tax purposes, there is no federal or state tax withholding, and no form need be issued to the student. However, the student is still obliged to report the income in Line 7 of the Form 1040, and it is part of the student's taxable income.
A student may engage in work as an independent contractor only if it fits the definition of on-campus employment (while the student is enrolled) or either Optional Practical Training or Curricular Practical Training (during the time period of the training). There are two cases:
Resident aliens in F status are governed by the same tax filing rules as United States residents. In particular, they need to file taxes on their worldwide income (including interest income in non-US banks and financial instruments) and can take either the standard deduction or itemize their deductions.
A nonresident alien in F-1 or F-2 status need not file an income tax return if he or she has no US-source income, or if the withholding on the US-source income covers the alien's tax obligations, subject to various caveats. [111]
Any person in F-1 or F-2 status, who is a nonresident for tax purposes during a calendar year, and is not filing an income tax return, must file a standalone Form 8843 by June 15 of the next year. [112] Since people in F-2 status cannot legally earn income in the United States, they would generally need to file the standalone Form 8843.
Some countries have tax treaties with the United States that allow for a reduction in the taxes that nonresidents in F status from these countries need to pay while in the United States. [113]
The Student and Exchange Visitor Program (SEVP) is a program within U.S. Immigration and Customs Enforcement, which is under the U.S. Department of Homeland Security, to manage foreign students and exchange visitors in the United States through the Student and Exchange Visitor Information System (SEVIS). The SEVP encompasses the F status, J status, and M status. The exchange visitor part of the program is managed by the U.S. Department of State, although the SEVIS system is maintained by ICE.
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H), that allows U.S. employers to employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder can reapply. Laws limit the number of H-1B visas that are issued each year. There exist congressionally mandated caps limiting the number of H-1B visas that can be issued each fiscal year, which is 65,000 visas, and an additional 20,000 set aside for those graduating with master’s degrees or higher from a U.S. college or university. An employer must sponsor individuals for the visa. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019. The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991. There were 206,002 initial and continuing H-1B visas issued in 2022.
TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.
In the United States, Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for one academic year are permitted by the United States Citizenship and Immigration Services (USCIS) to work for one year on a student visa towards getting practical training to complement their education. Foreign students currently enrolled at a U.S. university can receive full-time or part-time work authorization through Curricular Practical Training. In 2022, there were 171,635 OPT employment authorizations. In 2021, there were 115,651 new non-STEM OPT authorizations, a 105% increase from a decade ago.
Form I-94, the Arrival-Departure Record Card, is a form used by U.S. Customs and Border Protection (CBP) intended to keep track of the arrival and departure to/from the United States of people who are not United States citizens or lawful permanent residents. While the form is usually issued by CBP at ports of entry or deferred inspection sites, USCIS can issue an equivalent as part of the Form I-797A approval notice for a Form I-129 petition for an alien worker or a Form I-539 application for extension of stay or change of status.
An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. In 2015 there were approximately 140,000 total temporary agricultural workers under this visa program. Terms of work can be as short as a month or two or as long as 10 months in most cases, although there are some special procedures that allow workers to stay longer than 10 months. All of these workers are covered by U.S. wage laws, workers' compensation and other standards; additionally, temporary workers and their employers are subject to the employer and/or individual mandates under the Affordable Care Act. Because of concern that guest workers might be unfairly exploited the U.S. Department of Labor Wage and Hour Division is especially vigilant in auditing and inspecting H-2A employers. H-2A employers are the only group of employers who are required to pay inbound and outbound transportation, free housing, and provide meals for their workers. H-2A agricultural employers are among the most heavily regulated and monitored employers in the United States. Unlike other guest worker programs, there is no cap on the number of H-2A visas allocated each year.
Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.
The Form I-20 is a United States Department of Homeland Security, specifically ICE and the Student and Exchange Visitor Program (SEVP), document issued by SEVP-certified schools that provides supporting information on a student's F or M status. Since the introduction of the Student and Exchange Visitor Information System (SEVIS) run by SEVP, the form also includes the student tracking number and school code. The Form I-20 is only for F-1, F-2, M-1, and M-2 statuses. J-1 and J-2 status holders have an equivalent Form DS-2019 which is issued by a United States Department of State-designated J exchange visitor program.
An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. A dependent family member is a spouse or unmarried child under the age of 21. If a dependent of an H-1B, H-1B1, H-2A, H-2B, or H-3 worker is already in the United States, they can apply for H-4 immigration status by filing Form I-539 for change of status with United States Citizenship and Immigration Services (USCIS).
A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.
A J-1 visa is a non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or government program. J-1 visa holders must usually return home for two years following visa expiration so they impart cultural knowledge learned in the United States. In 2022, the State Department issued 284,486 J-1 visas, with a visa approval rate of 88.8%. Between 2001 and 2021, there were 6,178,355 J-1 visas issued by the State Department. In 2023, there were 4,209 J-1 visa sponsors. Certain J-1 categories saw increased percentage increase in visas between 2021 and 2022. For example, The J-1 Visa for Summer Work/Travel increased 134% from 39,647 to 92,619. J-1 Teachers increased 467% from 719 to 4,076. Interns increased 212% from 5,402 to 16,833.
A J-2 visa is a non-immigrant visa issued by the United States for spouses and dependents of J-1 exchange visitors. Any J-2 visa with the Employment Authorization Document (EAD) can work for any employer in the US without sponsorship. 39.350 J-2 visas were issued in 2017.
The M-1 visa is a type of student visa in the U.S. reserved for international students attending vocational schools and technical schools.
An H-3 visa is a visa issued by the U.S. Citizenship and Immigration Services (USCIS) to trainees or special education exchange visitors, who intend to perform their job outside the United States. Trainees' spouses and children who are under the age of 21 may accompany them to, but may not work in, the United States.
Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms.
Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses.
In the United States, the most common visa used for short-term trips is the B visa. This is a combination of the B-1 visa and the B-2 visa. People on B visas are generally not allowed to engage in productive work or study activities. However, in some cases, B visas can be issued that allow people to engage in some types of productive work and learning activity, in lieu of another visa. The three visa categories, for which a B visa could be issued instead, are the H-1B visa, H-3 visa, and J-1 visa. The U.S. Department of State recommends that consular officers clearly annotate such B visas to make the scope of the visa clear to the applicant and the U.S. Customs and Border Protection officer at the port of entry.
The H-1A visa was a visa that was previously available to foreign nationals seeking temporary employment in the United States. These visas were made available to foreign nurses coming into the United States to perform services as a registered nurse in areas with a shortage of health professionals as determined by the Department of Labor. The creation of this visa was prompted by a nursing shortage.
Academic training (AT) is a type of off-campus work authorization for students in J-1 status. The J-1 is a status for students and exchange visitors that is part of the Student and Exchange Visitor Program managed by the U.S. Department of State in collaboration with U.S. Immigration and Customs Enforcement in the United States. The AT program is used by J-1 students for employment training or practical experience directly related to the student's current major specialty.
The R-1 visa is a non-immigrant visa which allows travel to the United States for service as a minister or other religious occupation. Between October 2019 and September 2020, there were 2,399 R visas issued.
