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The US Visa Information

The US visa allows a foreign citizen coming from abroad; to travel to the US port-of-entry and request permission to enter the US. Permission to enter can only be given by a Department of Homeland Security (DHS), Customs and Border Protection (CBP) official.

Here are some key points.

  1. Under Section 214(b) of the US Immigration and Nationality Act;

  2. “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to non-immigrant status.”

The system is document dependent and requires:

  1. Evidence of purpose

  2. Evidence of financial capacity

  3. Forms for visa applications and admissions to the US

The law requires “proof of a negative” and the authorities reward negative actions such as; Visa approvals and admissions are not the objective. (This means students have to prove that their purpose is not to go the US to become a resident. If the student can provide evidence of this then it will help them).

Types of US Visa and Application Fees

What are the types of US visas?

The US government offers three US student visa types including F, J, and M.

  • F Student Visa: for study at an accredited US college or university or to study English at an English language institute

  • J Exchange Visa: for participation in an exchange program, including high school and university study

  • M Student Visa: for non-academic or vocational study or training in the US

Note: Student visas can be issued up to 120 days in advance of the course study start date. Entry cannot be more than 30 days prior to the starting date on the I-20 form and entry must be by this date. An application for an F-1 visa can be submitted more than 120 days in advance of the I-20 start date in order to accommodate long pro- cessing times but the visa validity will never be before the 120 day mark. Counsellors and students should check the website of the consulate where they will apply for a visa for detailed instructions.

A student must first apply and be accepted by a US institution of higher education that is certified by the Student and Exchange Visitor Program (SEVP).

Once accepted at an SEVP-certified school, the student will receive a Form I-20 from the institution’s international student office, which is a paper record of the student’ information in the database called the Student and Exchange Visitor Information System (SEVIS).

Note:Start preparing early! The visa application needs to be one of the first things you talk to your students about when you start counselling them on the courses they are interested in. Even if they are planning to commence their studies in an intake that is a year away, it is not too early to give them a list of things that they need to start preparing for their visa application.

The category F visa is required to enter the US if a student wishes to attend:

  • University or College

  • High School

  • Private Elementary School

  • Seminary

  • Conservatory

  • Another academic institution, including a language training program

If the student did not declare a family member and they need to join them in Australia at a later date, the student will need to apply for a new student visa including them and explain why they were not included on the application. An exception to this is if they became the student’s family members after their student visa was granted and before a subsequent application was made.

Dependent visa

Students who want to bring dependents to the US need to advise their Designated School Official (DSO).

The DSO will then issue a Form I-20 for each of their dependents. Many schools also require a separate form to be completed in order to obtain the Form I-20.

  • Students should be aware of the US visa limitations on their dependents, F-2 and M-2 dependents: are in legal immigration status as long as the student maintains status, throughout their program of study and any authorized period of optional practical training after completion

  • May depart and re-enter the US with proper documentation

  • May not work

  • Not eligible for Social Security numbers

  • can engage in study at an SEVP- certified school in the US as long as they are enrolled in less than a full course of study

  • Should obtain an updated Form I-20 from the DSO if any information about the student changes

  • May file for a change of status (via Form I-539,‘Application to Extend/ Change Non-immigrant Status’) to F-1 or M-1 status if the adult dependent wants to study full- time.

  • A dependent of an F-1, M-1 or J-1 student who will be applying for an F-2, M-2 or J-2 visa does not have to pay an I-901 SEVIS Fee.

US visa fees

Prior to applying for a US student visa, regulation requires all prospective F and M students to pay the I-901 SEVIS Fee (US$200).

There is an additional visa application fee payable for all categories of visa – sometime referred to as the Machine Readable Visa (MRV) fee. The application cost is US$160 and must be paid whether a visa is issued or not.

A dependent of an F-1, M-1 or J-1 student who will be applying for an F-2, M-2 or J-2 visa does not have to pay an I-901 SEVIS Fee.

Note: Those on dependant visas need to check the visa conditions very carefully as they have many limitations.

Requirements and Documentation for a US Student Visa

Documentation

Ensure the following documentation is ready

  1. Passport valid for travel to the US – must be valid for at least six months beyond the student’s period of stay in the US (unless exempt by country specific agreements)

  2. Student Acceptance at a SEVP Approved School Form I-20. The I-20 confirms a student’s acceptance and enrolment at a university or other educational institution.

  3. Application fee payment receipt for Student and Exchange Visitor Information System (SEVIS)

  4. Non-immigrant Visa Application, Form DS-160 confirmation page

  5. 1-2 photographs in the requested format

Additional documentation may be required:

Academic preparation such as transcripts, diplomas, degrees, or certificates

Evidence that the student has sufficient funds to maintain themselves throughout the period of their stay in the US. This may include:

  • Bank Statements

  • Financial undertaking by a sponsor to cover accommodation and living cost or

  • A scholarship program

Evidence that the student will depart the US upon completion of the course of study. This can be in the form of air tickets out of the US to their home country.

Most student visa applicants have to appear for a personal interview at the US embassy / consulate.

English language requirements for USA

English is the primary language of the US, and the Student and Exchange Visitor Program (SEVP) does not regulate how well an international student must speak the language in order to study in the US.

SEVP does require that prospective F-1 and M-1 students receive acceptance into an SEVP-certified school or program. As it is difficult to attend classes in a different language, many SEVP-certified schools require a certain level of English proficiency for admittance. Since these language requirements are often a part of the overall school admissions process, the requirements are specific to each school.

Schools must make sure students fully meet all of their standards for admission to one of their programs. In order to receive a Form I-20, ‘Certificate of Eligibility for Non- immigrant Student Status’, SEVP- certified schools may require prospective international students to pass an English language test such as IELTS or prove their ability to speak, read and write in English. For students planning studying English as a Second Language (ESL) in the US, an IELTS test can help the school determine at what level the student should study.

Conditions of the US Student Visa

While studying in the US, it is important that the student maintains their F student status. The status relates to the purpose, or reason for travelling to the US and the US Department of State issues the visa based on this purpose.

If the Department of State issues an F student visa the purpose is specifically for study. Students should not take any action that detracts from that purpose. Maintaining their status means:

  • Fulfilling the purpose for why the Department of State issued the visa

  • Following the regulations associated with that purpose Counsellors should ensure students are clear on the conditions - below are some actions/guidance the counsellor can provide to the student in order for the student to properly maintain their status.

Arrival

When arriving to the US, F students must:

  • Not enter the US more than 30 days before your

  • Program of study begins

  • Immediately contact your designated school official (DSO) when you enter the US

  • Contact your DSO again, no later than the program start date listed on your Form I-20, ‘Certificate of Eligibility for Non-immigrant Student Status’ when they arrive at school.

Academic progression

While studying in the US, F students need to observe the following rules.

  1. They must attend and pass all their classes. If school is too difficult, they should speak with their DSO immediately.

  2. If they believe that you will be unable to complete your program by the end date listed on your Form I-20, they must talk with their DSO about requesting a possible program extension.

  3. They must take a full course of study each term; if they cannot study full-time, contact your DSO immediately.

  4. Do not drop below a full course of study without consulting with the DSO.

Work and practical training for F students

An F student may only work when authorized by a DSO in some cases, and the US Citizenship and Immigration Services (USCIS) in others. If they choose to work without authorization, they will be forced to leave the US immediately, and they may not be able to re-enter the US at a later date.

F students are eligible for curricular practical training (CPT) at either the undergraduate or the graduate level during the program of study. CPT employment must be an integral part of an established curriculum and the position must directly relate to your major area of study. Their DSO can give them the school’s policy on this option.

F students are also eligible for optional practical training during or following the program of study. OPT is a form of temporary employment that directly relates to your program of study.

In order to work in the US, every eligible F student needs a Social Security number (SSN). Student’s can apply for jobs without an SSN and use the job offer to get as SSN after they are hired.

Note: The Department of State issues an F student visa the purpose is specifically for study. Typically students on an F1 visa arevlimited, during the school semester, to a maximum of 20 hours work per week.

US Visa Application Process

The following section outlines the steps the student is required to take as part of the visa application process. Counsellors should have a good understanding of the process and provide guidance before and throughout the process to the student.

Step 1: Student receives acceptance

The US visa application process starts with the receipt of an I-20. Each school that accepts the student will mail them a Form I-20. Before they apply to pay the

I-901 SEVIS Fee, they must select one school and use that Form I-20 to pay the I-901 SEVIS Fee and to apply for the correct US student visa.

The student should check their Form I-20 against their passport information to make sure that their name and date of birth (DOB) are correctly listed and spelled. If the information on their Form I-20 does not match the information on their passport, they should contact the DSO who sent them the Form I-20, and ask them to correct the information.

Step 2: Application for a Non- immigrant Visa

Photo

The student will need to upload their photo while completing the online Form DS-160. The photo must be in the format explained in the Photograph Requirements.

It is advisable to have the photo ready before starting an application.

Online Non-immigrant Visa Application, Form DS-160

The student should take the following steps to apply:

  • Proceed to the US Department of State to start an application

  • Select the nearest embassy or consulate at the beginning of the Form DS-160 as this will be location where the interview appointment is scheduled

  • All questions must be answered in English except when asked to provide your full name in your native alphabet

  • The application session will expire after 20 minutes if there is no activity, it is recommended to write down the Application ID at the start

  • Once completed, the application will generate an alpha-numeric barcode confirmation page. Print or save this page.

Step 3: Payment of the I-901 SEVIS Fee

Regulation requires all prospective F and M students to pay the I-901 SEVIS Fee (US$350) before the Department of

State issues a visa. Credit card payment can be made on FMJfee.com. There are other methods of payment available.

In order to apply for the US student visa, a printed confirmation will serve as proof of payment for the I-901 SEVIS Fee.

Step 4: Pay the non-refundable Visa Application Fee

All applicants, including children, are required to pay a visa fee of Non- petition-based nonimmigrant visa (except E): $185.00 to initiate their US visa application.

This fee is to cover the cost of a Machine Readable Visa (MRV). This processing fee is payable whether or not a visa is issued. The MRV or visa application fee is non-refundable and non-transferable.

There are several options for the student to pay their MRV visa fee:

  • Online Payment with Credit Card (see below)

  • Payment in Person in your country at the US Embassy or Consulate

  • at a bank that the Embassy designates

Step 5: Schedule an interview

Your student must schedule an appointment for their visa interview, generally, at the US Embassy or Consulate in the country where they live. Wait times for interview appointments vary by location, season, and US visa category, so they should apply for their visa early.

Step 6: Gather required documentation

Your student should gather and prepare the following required documents before their visa interview:

  • Passport valid for travel to the US - passport must be valid for at least six months beyond the period of stay in the US (unless exempt by country-specific agreements)

  • Non-immigrant Visa Application, Form DS-160 confirmation page

  • I-901 SEVIS Fee Proof of Payment

  • Visa application fee payment receipt

  • Photo – Uploaded while completing the online Form DS-160. If the photo upload fails, the student must bring one printed photo in the format explained in the Photograph Requirements.

  • Certificate of Eligibility for Non- immigrant (F-1) Student Status- For Academic and Language Students, Form I-20 The student and school official must sign the Form I-20. All students, their spouse and minor children if they intend to reside in the US with the student, must be registered in the Student and Exchange

  • Visitor System (SEVIS). Each person receives an individual Form I-20.

  • A printed copy of the appointment letter

  • Evidence of financial resources

  • Original degree / diploma(s) and transcripts

Note: Students from some countries may be required to schedule a second appointment to have their photo and fingerprints taken.

Step 7: Attend the visa interview

During the US student’s visa interview, a consular officer will determine whether they are qualified to receive a visa, and if so, which visa category is appropriate based on their purpose of travel.

Students will need to establish that they meet the requirements under the US law to receive the category of visa for which they are applying.

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during the student’s interview, but this varies based on location.

After the student’s visa interview, their application may require further administrative processing. They will be informed by the consular officer if further processing is necessary for your application. The US Department of State (DOS) has implemented an online tool that non-immigrant and immigrant visa applicants can use to check the status of their application.

When the US visa is approved, the student may have to pay a visa issuance fee if applicable to your nationality, and will be informed how their passport with visa will be returned to them. Students should check the visa processing time, to learn how quickly their passport with visa will generally be ready for pick-up or delivery by the courier.

US Student Visa interview tips

Counsellors should provide the student with the following guidance on the US visa interview process.

It is important that you treat the interview as an important part of a formal process:

  • Prepare

  • Dress appropriately

  • Ensure you are punctual

Provide considered responses The questions asked at US student visa interviews revolve round the following five categories.

  • Your study plans

  • Your university choice

  • Your academic capability

  • Your financial status

  • Your post-graduation plans

You should focus on your study goals as the main motivator for choosing the US as your destination for study.

Potential interview questions could include:

  • Why have you chosen for further study?

  • What will you specialize in/what will be your major?

  • Where did you go to school?

  • Do you have a job/who is your current employer?

  • Why are you planning to continue your education?

  • Why don’t you want to study in your home country?

  • How will this study program relate to your past studies or work?

Step 8: US Visa approved / denied

The student can collect the passport and visa from the interview location.

If a student is denied a visa they can appeal the decision. In most cases, they will need to provide additional documentation that was not presented with the initial application. In some cases, a visa officer may request additional documents like proof of employment, or ownership of a home or business. Students will need to respond with the information requested.

Work after Study Completion in The US

Working after study

F students must take action to maintain legal status or depart the US after completing their program of study.

Once they complete their program of study and any authorised period of practical training, F students have 60 days after completion of their program (the program end date on their Form I-20) to leave the US.

If students wish to extend their stay in the US, they should talk with their DSO to learn more about doing one of the following:

  • Transfer to another school

  • Change their education level (e.g. bachelor’s to master’s)

  • Apply to change status to another visa status (e.g. H-1B-temporary worker; O-extraordinary ability in science, art or business; P-athlete)

The F-1 student may change to H-1B status for employment purposes where their prospective employer must sponsor them and file that petition on their behalf. To qualify for an H-1B status, the person must have a bachelor’s degree or higher. The visa is valid for three years, but may be extended to six years.

Note: An F-1 student may change to H-1B status for employment purposes where their prospective employer must sponsor them