Archive for the ‘F-1’ Category

DEPARTMENT OF STATE EXPEDITES STUDENT VISAS

U.S. Embassies and Consulates worldwide are instructed to expedite F-1 student visas to ensure that qualified foreign nationals are able to start their U.S. academic programs on time.  This instruction is part of the U.S. Department of State’s effort to attract talented foreign nationals and potential future leaders to the U.S. 

Students are able to apply only 120 days in advance of entry to the U.S., thus, it is critical that Embassies and Consulates act quickly when processing these applications.  Currently, the maximum wait time for a visa appointment worlwide is fewer than 15 days, which is very fast in comparison to other visa categories.    

International students comprise a large portion of the student-body at many U.S. universities.  In the 2010/11 school year, international education grew by nearly nine percent.  International students also bring extensive revenue to the U.S. economy.  In the 2010/11 school year, foreign students brought $21.3 billion from abroad.   

Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with a student visa or have questions about the above.

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F-1 Students: Beware of Falling Out of Status

May 26, 2010 by No Comments

Over the years, I have seen many cases of international students falling out of status for reasons that could have been avoided.  Typical scenarios include dropping below the required 12 units per term, or failure to pay tuition in time, as well as other seemingly minor violations. 

When an F-1 student falls out of status, there are usually two options for fixing the problem:

1) the student can leave the country and seek re-entry with a new Form I-20 provided by the university.  Depending on the situation, it may also be prudent to obtain a new visa at the U.S. consulate;

2) the student can apply to USCIS for reinstatement of their F-1 status.  Essentially, the student must then prove to USCIS that failure to maintain status occurred through circumstances beyond the student’s control.

Both courses of action involve risk and uncertainty, and it’s best to avoid having to go down either path.  I always advise students to be as proactive as possible in maintaining their status.  This involves being in regular contact with your international student office, and making sure that the advisors in that office have everything they need from you in order to maintain your record in the SEVIS system

If you require assistance with F-1 immigration issues, please contact one of our San Francisco Immigration Attorneys who can assist you.

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How long do I have to find work once my OPT is approved?

Feb 26, 2010 by No Comments

Individuals with approved Optional Practical Training (OPT) have 90 days to find employment.  OPT is the period following completion of an academic or degree program in which the graduate is permitted to work for a U.S. employer in a position related to his/her field.  A graduate cannot accrue more than 90 days of unemployment during an OPT period.

This means that planning ahead regarding OPT employment is essential.  A student may apply for employment authorization up to 90 days prior to the academic program end date but not later than 60 days after the end date.  No job offer is required to apply for OPT, so even if an individual has no employment lined up but knows he/she wants to work, he/she should apply for OPT.

During the OPT period, an individual can work part-time, full-time or engage in self-employment provided the work is related to the individual’s field.  If the individual cannot find a paid position, working in an unpaid position is acceptable and does count as OPT employment.  Please don’t hesitate to contact our San Francisco immigration office if you have questions regarding OPT.

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May I use my OPT card for self-employment?

Feb 22, 2010 by No Comments

Yes.  The Optional Practical Training (OPT) period following your college or university graduation may be used for self-employment, part-time employment or full-time employment in your field.  This is the case regardless of whether you have completed a Bachelor’s, Master’s or PhD degree program.

The OPT period exists to provide new graduates a chance to work in fields related to their degree program for up to one-year (in some cases, longer, provided certain conditions are met).

Please contact our immigration attorneys if you have questions about your OPT period or OPT employment.

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