F1 Visa
Encyclopedia
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 visas are only issued in U.S. embassies and consulates outside the United States. Prospective F-1 students must apply at the schools and receive a form I-20 in order to apply for an F-1 visa. 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. 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.
There are three types of F visa:
(USCIS). However, the USCIS may grant work authorization for Curricular Practical Training
(CPT) and Optional Practical Training
(OPT). Students are permitted to work for a total of 14 months towards practical training (eg. internship), which can be distributed between Curricular Practical Training
(CPT) and Optional Practical Training
(OPT). An interim order was passed on April 8, 2008 allowing students in STEM (Science, Technology, Engineering and Mathematics) to legally work under OPT for 29 months. During the period of OPT, a F-1 student is not permitted to accrue more than 90 days of unemployment.
(for Social Security
and Medicare
) for a limited time. However, they are subjected to other applicable federal, state, and local taxes
. Students on F-1 filing their federal income taxes who have been in the United States for five years or less need to use the non-resident 1040NR or 1040NR-EZ tax forms. Some F-1 visa holders may be eligible for certain tax treaty provisions based on their country of origin.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the F visas are a type of non-immigrant
Immigration to the United States
Immigration to the United States has been a major source of population growth and cultural change throughout much of the history of the United States. The economic, social, and political aspects of immigration have caused controversy regarding ethnicity, economic benefits, jobs for non-immigrants,...
student visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
that allows foreigners to pursue education (academic studies and/or language training programs) in the United States. F-1 visas are only issued in U.S. embassies and consulates outside the United States. Prospective F-1 students must apply at the schools and receive a form I-20 in order to apply for an F-1 visa. 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. 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.
There are three types of F visa:
- F-1 visas are for full-time students.
- F-2 visas are for spouses and children of F-1 visa holders.
- F-3 visas are for "border commuters" who reside in their country of origin while attending school in the United States. These are granted to nationals of MexicoMexicoThe United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
or CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
only and these visa holders may study part or full time. However, unlike F-1 visa holders, they may not work on campus, although they may still be authorized for Curricular Practical TrainingCurricular Practical TrainingCurricular Practical Training is temporary employment authorization for non-immigrant students in the United States while enrolled in a college-level degree program....
; Optional Practical TrainingOptional Practical TrainingOptional Practical Training is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for more than nine months are permitted by the United States Citizenship and Immigration Services to work for at most one year on a...
may only be used after graduation. The final State Department rule on F-3 visas went into effect on August 11, 2003, after the Border Commuter Student Act of 2002, signed into law on November 2, 2002. Previously, part-time students from Canada and Mexico were permitted to enter the United States as visitors, but after the September 11 attacks the Department of Homeland SecurityUnited States Department of Homeland SecurityThe United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
found such students ineligible for admittance as visitors (since their purpose was educational) and also ineligible for F-1 (academic) or M-1 (non-academic or vocational) visas (because those classifications require students to attend full-time). The Border Commuter Student Act of 2002 was passed in response to these issues.
Statistics
In Fiscal Year 2010:| Type | Total Applicants | Issued | Refused | Waived/Overcome |
|---|---|---|---|---|
| F-1 | 540,200 | 385,210 | 154,990 | 69,920 |
| F-2 | 37,054 | 25,220 | 11,384 | 8,171 |
| F-3 | 1,025 | 887 | 138 | 97 |
Employment
Except for on-campus employment of 20 hours a week or less, F-1 students are generally not permitted to work in the U.S. without prior authorization from Citizenship and Immigration ServicesUnited States Citizenship and Immigration Services
United States Citizenship and Immigration Services is a component of the United States Department of Homeland Security . It performs many administrative functions formerly carried out by the legacy United States Immigration and Naturalization Service , which was part of the Department of Justice...
(USCIS). However, the USCIS may grant work authorization for Curricular Practical Training
Curricular Practical Training
Curricular Practical Training is temporary employment authorization for non-immigrant students in the United States while enrolled in a college-level degree program....
(CPT) and Optional Practical Training
Optional Practical Training
Optional Practical Training is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for more than nine months are permitted by the United States Citizenship and Immigration Services to work for at most one year on a...
(OPT). Students are permitted to work for a total of 14 months towards practical training (eg. internship), which can be distributed between Curricular Practical Training
Curricular Practical Training
Curricular Practical Training is temporary employment authorization for non-immigrant students in the United States while enrolled in a college-level degree program....
(CPT) and Optional Practical Training
Optional Practical Training
Optional Practical Training is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for more than nine months are permitted by the United States Citizenship and Immigration Services to work for at most one year on a...
(OPT). An interim order was passed on April 8, 2008 allowing students in STEM (Science, Technology, Engineering and Mathematics) to legally work under OPT for 29 months. During the period of OPT, a F-1 student is not permitted to accrue more than 90 days of unemployment.
Taxation
F-1 visa holders are exempt from paying Federal Insurance Contributions Act (FICA) taxesFederal Insurance Contributions Act tax
Federal Insurance Contributions Act tax is a United States payroll tax imposed by the federal government on both employees and employers to fund Social Security and Medicare —federal programs that provide benefits for retirees, the disabled, and children of deceased workers...
(for Social Security
Social Security (United States)
In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program.The original Social Security Act and the current version of the Act, as amended encompass several social welfare and social insurance programs...
and Medicare
Medicare (United States)
Medicare is a social insurance program administered by the United States government, providing health insurance coverage to people who are aged 65 and over; to those who are under 65 and are permanently physically disabled or who have a congenital physical disability; or to those who meet other...
) for a limited time. However, they are subjected to other applicable federal, state, and local taxes
Taxation in the United States
The United States is a federal republic with autonomous state and local governments. Taxes are imposed in the United States at each of these levels. These include taxes on income, property, sales, imports, payroll, estates and gifts, as well as various fees.Taxes are imposed on net income of...
. Students on F-1 filing their federal income taxes who have been in the United States for five years or less need to use the non-resident 1040NR or 1040NR-EZ tax forms. Some F-1 visa holders may be eligible for certain tax treaty provisions based on their country of origin.
External links
- Sample F1 Visa Questions
- 8 CFR 214.2 (f): Link to Title 8, Code of Federal Regulations.
- U.S. government website