Student Visas

The U.S. attracts many foreign nationals to its diverse and strong institutions of learning. The F-1 Visa (Academic Student) allows one to enter the U.S. as a full-time student at an accredited (U.S. government- approved) college or university. The student must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate. The M-1 Visa (Vocational Student) is issued to students who want to pursue non-academic programs (health care technician, machinist, dental hygienist, etc) in an established institution. The J-1 Visa (Exchange Student) is for students pursuing graduate / post-graduate studies, visiting scholars, medical doctors undergoing training, etc.

How We Can Help with US Student Visas

Our office in Bangkok, Thailand, can assist both first-time student visa applicants and returning students and their dependent family members with the visa application process at consulates in Thailand.

We can analyze your background and advise you on how best to provide the required evidence of ties to your home country and your ability to bear the cost of your U.S. education, as well as discuss all viable options and paperwork required in each particular circumstance. We are also available to advise students already in the United States and to discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, we will submit the petitions and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.

Contact Us for F-1 Student Visa Application

We can put you in contact with world-class institutions within your specific criteria. We can ease the complexities of international travel and communication barriers by vetting our sources to ensure professional integrity and quality care.

Contact us for your personal consultation.

Overview of F-1 Student Visa Denied

The F-1 student status is for the primary purpose of full-time study at a school or college in the United States. (For trade and vocational schools, there is another type of student visa, known as an M-1; however, a student in language school is generally F-1.) Full-time study, in most cases, means at least 12 credit hours per semester. An F-1 must have nonimmigrant intent, meaning that s/he should not be planning to permanently remain in the U.S. upon entry in F-1 status.

Limits under the 1996 law, state that an F-1 student in elementary or secondary public school, or the family of such a student, has to reimburse the government for the cost of the education.

The F-1 student status does not entitle a student to work in the United States without prior authorization. Generally, a student must demonstrate sufficient financial support to pursue studies without the need for employment. During the first academic year, employment is restricted to on-campus work. After the first year, permission may be granted by the U.S. Citizenship and Immigration Services (USCIS), based on the recommendations of the Designated School Official (DSO), for off-campus work, under certain narrow circumstances. For example, a student who suddenly loses his or her source of financial support may request the school’s foreign student advisor to approve employment. Should the school official concur, the student would file for a work permit with the USCIS. There is also a work program for internships with international organizations.

A student is admitted for “duration of status,” which is the period of time needed to complete the school program. The school official enters an estimate of the time needed on the Form I-20 that the school completes. This form is submitted to the USCIS or the consulate when the student applies for a change of status from within the U.S. or for a visa from a consulate abroad, respectively. In most cases a student does not need to apply for an extension of stay. Generally, a student does not need to apply to stay in the United States as long as s/he is maintaining student status and making normal progress toward completion of the course of academic study.

If the coursework will not be completed by the estimated date on the Form I-21, the student and DSO should complete the Form I-538 to submit to the USCIS at least 30 days before the end date on the Form I-20. This submission should include compelling academic or medical reasons for needing the extension. DSOs must help students ensure that their Student and Exchange Visitor Information System (SEVIS) data is up to date at all times.

A student may work in the United States using the practical training option. There are two types of practical training: curricular practical training (CPT), which is required by the course of study, and optional practical training (OPT), which is work that is related to the subject studied.

Practical Training can be used either during the academic program or after completion of the program. Students who have been granted permission for CPT may work up to 20 hours during the school year, and full time during vacations and holidays. Full-time OPT, after completion of the academic program, enables the recent graduate to work for up to a year in a job related to the field of study.

Overview of J-1 Visa Denied

The J-1 visa is a non-immigrant status for an exchange visitor wishing to stay temporarily in the U.S. Within the J-1 category, there are a number of different programs. These include: Trainee, student, professor or research scholar, short-term scholar, non-academic specialist, foreign physician, international visitor, teacher, government visitor, camp counselor, au pair, and summer student in travel / work program.

The foreign visitor must be entering the U.S. to take part in an exchange visitor program that has been designated by the U.S. Department of State (DOS).

There is a requirement that the ‘J-1’ applicant be fluent in English and maintain sufficient funds and adequate medical insurance.

Student Visa Duration of Status

The applicant needs to obtain the Certificate of Eligibility for Exchange Visitor, Form IAP-66, from the program sponsor. On admission to the U.S., the applicant will receive a Form I-94 that is marked for ‘Duration of Status’ (D/S). The program sponsor, not the INS, has the responsibility to ensure that the ‘J-1’ holder maintains a valid Form IAP-66.

‘Duration of Status’ is defined as the completion of the J program plus 30 days. The total length of time that a ‘J-1’ holder is permitted to stay in the U.S. depends on the exchange visitor program. These duration requirements are set forth below:

• Post-Secondary Student : length of stay is time needed to complete the degree plus 18 months practical training
• Post-Doctoral Degree : length of stay is the degree plus 36 months practical training
• Business / Industrial Trainees : length of stay is 18 months
• Professors / Scholars : length of stay is 3 years maximum. Extension of 3 years only in exceptional or unusual circumstances
• Short-term Scholars : length of stay is 4 months
• Flight School Trainees : length of stay is 24 months
• Summer Work / Travel : length of stay is 4 months
• A ‘J-1’ holder must extend status by completing Form IAP-66 through a responsible representative of the program. INS Form I-539 is not required.

Certain J-1 holders are subject to the two-year home residency requirement (HRR), and if one is subject to the HRR, s/he must return to the home country for two years before being eligible to return to the U.S. The exception to this would be a case in which one is eligible for and obtains approval of a waiver of the two-year home residency requirement. A person in J-1 status, if subject to the two-year HRR, is not eligible to change or adjust his/her status from within the U.S. (other than to A or G status) until the two-year requirement is met or waived.Included in the category of individuals who are subject to the home-residency requirements are medical doctors. If you do not go home or intend to return home for the residency then most likely they will deny your student visa application.

What We Can Do For You: Waiver of J-1 Visa

If a J-1 exchange visitor subject to the HRR finds that a waiver is needed, there are many options available. There is no guarantee, however, that any waiver will be approved. Some waiver applications require that no other waiver applications be filed for the applicant. Most waivers have additional requirements that must be met to avoid cancellation of the waiver. It is important that a person seeking a waiver carefully choose the option/s right for her/him in order to maximize the likelihood of success.

Our office can assess waiver applicants and submit the appropriate waivers for the applicants’ particular situation. We will analyze your background and advise you on how best to provide the required evidence of hardship to your US citizen or lawful permanent residence status spouse or child. We will assess and discuss all viable options and paperwork required in each particular circumstance.

We are available to advise students wanting to return to the US on a different educational curriculum discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, attorneys at our firm can help with submitting the waiver forms and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.