Common Student Visa Benefits and Restrictions

Published: April 6, 2023

Student visas come in three categories, namely, F1 Visa (Academic Studies), J1 Visa (Practical Training), and M1 Visa (Non-Academic / Vocational Studies). The F1 Visas is the most common student visa in the United States. The USCIS issues this to students attending academic programs or English Language programs. J1 Visa covers students who seek practical training to fulfill academic requirements. Students undergoing internship programs acquire this visa. Lastly, the M1 Visa covers students who intend to attend non-academic or vocational schools in the United States.

While these visas differ in coverage, eligibility, and requirements, they are similar in benefits and restrictions.

Benefits

1. Entry to America

Student visas allow the visa holder to enter and stay in the United States legally. Each visa allows different periods of legal stay in the country. F-1 Visa holders may stay and study in the country within 60 days after they complete their academic program. J-1 Visa holders may only stay for a maximum of 18 months. Lastly, M-1 holders may stay for one year. Student visa holders may file for renewal and extension of stay as long as they have not finished their academic programs yet.

2. Travel and Transfer

Student visa holders may freely travel within United States borders. If they wish to, they may also change their residences before their visas expire. However, they have to inform the USCIS of said transfer and take care of necessary paperwork.

3. Quality Education

American educational and training institutions are world-renowned for their top-quality curriculum and systems. By completing their academic programs, U.S. student visa holders will enjoy the prestige and pride of being a graduate or trainee of an American school or training center. Students may unlock better job opportunities upon return to their home countries.

4. Bring Spouse and Children to US

USCIS may allow F-1 and M-1 Visa holders to bring their minor children and spouse to live with them for the entire duration of their stay in the United States. For more details, consult with an immigration lawyer.

Restrictions

1. Limited Employment

All US student visa holders may work while pursuing their academic programs or training. However, they should first acquire permission from the USCIS. F-1 students may only work on-campus during the first academic year. In the following year, F-1 students may engage in off-campus employment related to Curricular Practical Training (CPT), Optional Practical Training (OPT), and Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT). For M-1 students, they may only seek practical training after the completion of their studies. J-1 students may only work part-time on-campus jobs for a maximum of 20 hours per week.

2. Dependents May not Work, Too

Specifically, for F-1 Visa holders, their dependents may not seek employment. A violation of this provision may result in deportation.

3. Academic Requirements

Depending on the visa holder’s academic program, their school may require specific grades or projects. Failure to maintain said standards may affect the student’s visa eligibility. Students who incur absences without valid reasons or not enrolling for the required number of units per semester may also endanger their visas.

Encountering Legal Problems?

It is never easy to encounter legal problems while studying abroad. If you are having trouble with your student visa, you can rely on ALG Lawyers. We are a group of Los Angeles immigration lawyers committed to assisting clients from the beginning until the end.