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Archive-name: us-visa-faq/part5 Last-Modified: March 9, 1995 Currently, the USA Immigration FAQ is maintained by B.G. Mahesh [mahesh@mahesh.com] Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part5. To get the FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu with send usenet/news.answers/us-visa-faq/part5 in the body of the message. Please see part1 of this faq for standard disclaimers. If you have access to the Web you can also access the FAQ from http://www.fred.net/mahesh/immigration.html Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: F Visa ------ Q: Who can apply for an F-1 visa? A: [Gregory Siskind, GSiskind@aol.com] Any alien who has applied to and been accepted to enroll on a full-time basis in an academic education program which has been approved by the INS to accept F-1 applicants is eligible to apply if the student is proficient in English or engaged in English language courses leading to English proficiency. The alien must also demonstrate sufficient financial resources to study without having to work and he or she must also show that there is no intent to abandon residency in the students home country. Q: Can other non-immigrants pursue studies in the U.S.? A: [Gregory Siskind, GSiskind@aol.com] Yes. Dependents of A, G, H, L, E, and I aliens may study on a full- or part-time basis. Workers in the B-2, H-1, H-2, H-3, L-1, E-1 or E-2 categories can pursue incidental educational activities as long as the educational activity is not the aliens primary activity. Q: Can I pursue an F-1 visa if similar training is available in my home country? A: [Gregory Siskind, GSiskind@aol.com] Yes. However, to pursue practical training, such training must not be available in the aliens home country. Q: How long can I stay on an F-1 visa? A: [Gregory Siskind, GSiskind@aol.com] Foreign students are permitted to stay in the U.S. for the entire period of enrollment in an academic program plus any period of authorized practical training and a 60-day grace period to depart the U.S. The whole period is normally referred to as duration of status and is noted on the I-94 as D/S. The student must complete the academic program prior to the date of expiration listed by the designated school official on the I-20AB (a form issued by the school). Q: Must an F-1 student be studying on a full-time basis? A: [Gregory Siskind, GSiskind@aol.com] Yes. At the undergraduate level, this normally means at least 12 academic hours. Graduate level full-time is left to the school to define (especially since work on a thesis or dissertation may constitute full-time work even though no credit hours are being taken). Students may be permitted to pursue part-time study if the foreign student advisor recommends this for academic reasons (such as the need to improve English skills) or because of illness. Q: Am I in status if I do not study during my schools summer vacation. A: [Gregory Siskind, GSiskind@aol.com] Yes, if you are eligible and intend to return to school in the next term. You may take a vacation at any point after an academic year is completed, but two vacation terms may not be taken consecutively and vacation time may not be accumulated. Q: What if I am unable to complete my program by the time indicated on my I-20AB? A: [Gregory Siskind, GSiskind@aol.com] You must apply to your foreign student advisor for an F-1 extension within 30 days preceding the expiration of your I-20AB. You are eligible for an extension if 1) your application is timely; 2) you have maintained your status without violation; and 3) you can demonstrate that the need for an extension is due to compelling medical or academic reasons. Q: What are the procedures for applying for an F-1 visa? A: [Gregory Siskind, GSiskind@aol.com] Unlike most non-immigrant visas, it is not necessary to obtain prior clearance from the INS. Rather, the student must obtain an I-20 A-B Certificate of Eligibility from the school where the student intends to enroll and submit together with the OF-156 Non-Immigrant Visa form and supporting documentation regarding financial resources evidencing an intent to return to the students home country to a U.S. Consulate in the students home country. After the visa is issued, the student applies at the U.S. border for admission. If the applicant is already in the U.S. in another non-immigrant status, the student applies to the INS. Q: What financial requirements must be met to receive an F visa? A: [Gregory Siskind, GSiskind@aol.com] The applicant must demonstrate adequate financial support to cover him/her through the entire academic program will be available and that adequate funds are currently available for the coming academic year. Acceptable evidence may include school financial aid, personal and family funds and government assistance. Anticipated earnings from employment during school may not be used to show adequate financial resources. Q: How strong must my English skills be to qualify for the F-1? A: [Gregory Siskind, GSiskind@aol.com] The school must certify that the prospective student has proficiency in English (usually demonstrated by passing an English proficiency examination like the TOEFL) or the student will be enrolled in courses in a language in which the student is proficient or the student will be enrolled in a full course of study consisting of both academic courses and English instruction or the student is enrolled in a language training program constituting a full course of study. Q: What evidence do I need to present to show bona fide non-immigrant intent? A: [Gregory Siskind, GSiskind@aol.com] i) Family ties - You should be able to present evidence of the existence of immediate family members as well as their ages, occupations, residences, and standing in the community (an affidavit from a parent should be adequate). ii) Community connections - The students participation in his community such as memberships in organizations, religious groups, etc. iii) Financial ties - Ownership of assets (especially a home) in the home country. iv) Job prospects - present evidence to show likelihood of being offered a good position upon returning home. A letter from a potential employer may be helpful. Also, be prepared to explain why the same education in the home country is not ideal. In rare situations, the consul may request that the student post a Maintenance of Status and Departure Bond with the local INS office. Q: Is it difficult to change from another non-immigrant visa category to student status? A: [Gregory Siskind, GSiskind@aol.com] Yes. The INS often presumes that the alien entered the U.S. in another category with a preconceived intent to attend school and circumvent the normal visa issuing process. This is particularly true if the change is requested shortly after entering the U.S. A wait of 60 to 90 days before switching is advisable in order to avoid presumptions of fraud. Q: Can I transfer schools on the same F-1 visa? A: [Gregory Siskind, GSiskind@aol.com] Yes, if you are currently a genuine non-immigrnat student, you may have been pursuing a full course of study at the school you were last authorized to attend during the term immediately preceding the transfer, you intend to be a full-time student at the new school and you are financially able to attend the new school. When you seek a transfer, you must notify the present school of the transfer and obtain the I-20 AB from the new school. You must complete the Student Certification portion of the I-20AB and deliver it to the foreign student officer at the new school within 15 days of beginning attendance at the new school. The foreign student officer will endorse the transfer on your I-20 copy and return it to you. The foreign student officer then sends the original I-20 to the INS and a copy to the old school. Q: What if I am changing educational programs but remaining at the same school? A: [Gregory Siskind, GSiskind@aol.com] If you are changing programs (e.g. B.S. to M.S.), the student must apply for a new I-20AB for the new program and submit to the foreign student advisor within 15 days of beginning the new program. The foreign student advisor will return pages 3 and 4 of the I-20AB to you and sends pages 1 and 2 to the INS service center within 30 days. Your permission to work off campus is not affected. If you are simply changing majors, but pursuing the same degree, no notification is required. Q: What are the procedures for pursuing on campus employment? A: [Gregory Siskind, GSiskind@aol.com] Any F-1 who is maintaining status may work on the schools campus for up to 20 hours/week during school and full-time during breaks. On-campus employment may not displace US workers, but no proof of this is required. The basic test is whether the position is traditionally filled by students or workers. Most schools require you to receive authorization from your foreign student advisor, but INS permission is not necessary. For graduate students, on-campus employment includes employment by employers off-campus which have an educational affiliation or research contract relationship with your school. Q: What are the options for off-campus employment? A: [Gregory Siskind, GSiskind@aol.com] The pilot off-campus employment program available since 1990 will expire on September 30, 1994 and, as far as I have been able to determine, has not been renewed. Off campus employment is still available in cases of severe economic hardship. You must meet the following conditions to pursue off-campus employment: - you are in good academic standing and are studying full-time; - you can show severe economic hardship (the following may be acceptable): - loss of financial aid or on-campus employment through no fault of the student; - major currency fluctuations - inordinate tuition or living expense increases; - unexpected financial changes in the students source of support; - unexpected expenses - on-campus employment opportunities are unavailable; - one academic year has been completed; - the foreign student advisor recommends work authorization To obtain work authorization, Forms I-538 must be submitted to the foreign student advisor for certification. The student must submit to the local INS office the certified I-538, Form I-20 (student copy), Form I-765, a filing fee for the I-765 (see list of fees in the FAQ), and supporting evidence showing economic hardship. If approved, the student will receive a one-year employment authorization card permitting up to 20 hours/week of work. Employment authorization may be available under the curricular practical training program if the proposed employment is an integral or important part of the F-1s curriculum. Any employment required for a degree qualifies, but the employment need not be a prerequisite for the degree in order to get CPT if the course credit is available for the employment, CPT is listed in the schools course handbook and a faculty member oversees the course. Where employment is required for an undergraduate degree, 9 months of study must be completed. Where employment is required for a graduate degree, employment may begin right away. Where employment is not required, 9 months of study must be completed, regardless of whether the student is at the undergraduate or graduate level. To apply, the foreign student adviser will mark on the back of the students copy of the I-20AB whether the authorized work is full or part time. If part time, only 20 hours/week of work are allowed. Full time work is possible and enrollment is not necessary. There is no time limit on this type of employment, though eligibility for post-completion practical training is lost if curricular practical training lasts more than 12 months. Optional practical training is available either before or after graduation for a total period of up to twelve months. Pre-graduation and post-graduation training periods are added together to determine if 12 months are exceeded. Part time work is counted as one-half the amount of time of full time work. The training must be in the students educational field. Pre-graduation practical training is available during the school year if employment is less than 20 hours per week and the student has been enrolled for at least 9 months. Post-graduation practical training is available upon completion of required course work or when the course of study is complete. While engaging in post-graduation practical training, the student may enroll in school on a part time basis. If a student returns home for five months or more and returns to engage in a new course of studies, the student gets 12 more months of employment authorization. But if a student merely transfers schools, he or she will have to get new employment authorization and will have to split the 12 months between the schools. To obtain practical training, the student must apply to the foreign student adviser to endorse Form I-538. The student then applies directly to the local INS office for an employment authorization document (EAD) by filing Form I765 with fee and Form I-538. You may apply for post-graduation practical training as early as 90 days prior to completion or 30 days after. The INS will issue the EAD effective from the date of completion of studies or the date on which the EAD is created - whichever is later. An employment offer is not required. Q: What should I do if I am out of status on my F-1? A: [Gregory Siskind, GSiskind@aol.com] You should be able to regain status through departure and re-entering using a valid F-1 visa and Form I-20 (student copy) validated by your foreign student adviser if you can convince the INS of the following: 1) the status violation resulted from circumstances beyond your control or that failure to receive reinstatement would result in extreme hardship to you; 2) you currently are pursuing or intend to pursue a full course of study at the school listed on the I-20; 3) you have not engaged in unauthorized employment; and 4) you are not otherwise deportable. Q: What status will my spouse receive? A: [Gregory Siskind, GSiskind@aol.com] A dependent spouse and children (under age 21) are eligible for an F-2 visa valid for as long as the F-1 is in valid status. F-2s may study on a full time or part time basis, but may not receive financial aid or engage in employment. Q: Is an F1 visa holder permitted to start their own business in the US (as a sole proprietorship or corporation)? Is some sort of a INS permit required? A: [from Rajiv S. Khanna, rskhanna@immigration.com] While the possible permutations/combinations are many, overall, an F-1 student cannot engage in business. There are restrictions against off-campus employment and against unauthorized employment. Technically, it may be possible to form a corporation, obtain pre or post completion employment authorization and then have the corporation hire you as an employee, but I am not certain what all the legal implications are. I am not aware of any INS policy touching on this situation (although I recall INS stating recently that this sort of corporate arrangement was theoretically permissible for an H-1). So for a definitive answer, I would rather seek a written opinion from INS. Practical Training ------------------ +Q: Can a person keep two jobs while on F-1 practical training, considering both jobs are in the same field of study? A: [from Dale Schwartz, dschw05@ix.netcom.com] Yes +Q: If one can work on two jobs, is the person allowed to work for more than 40 hours per week as combined total time for the two jobs? A: [from Dale Schwartz, dschw05@ix.netcom.com] Yes. No limit on hours, as far as i have ever heard. +Q: Can one work as a consultant for more than one company while on F-1 practical training? A: [from Dale Schwartz, dschw05@ix.netcom.com] Employment Authorization aLLOWS just abt any type of employment in the USA, if he/she has an EAD card. But rules for practical training have changed in the not-too-long-ago past. Please check with your foreign student advisor at last school for a copy of the rules. K Visa ------ Q: Who can apply for K visa? A: [from Neil Kolban, kolban@vnet.IBM.COM] The K class visa is the "alien fiance(e)" visa, which an nonimmigrant visa. A US citizen who whishes to marry a foreigner may file a K class petition (I129F) which, when granted, allows the foreigner to enter the US and marry within 90 days of arrival. Once married, the foreigner should file for conditional permanent residence. There are two K class visas: K1 - for direct fiance(e) K2 - for children of fiance(e) Q: How do I obtain a K visa for my fiance(e) (who is not currently in the US)? A: [From Rob Lingelbach, rob@xyzoom.info.com] You must petition the INS, obtain their approval, and then the fiance(e) must submit to an interview at the US consulate in the foreign country. Q: How long does it take to get a K visa? A: [From Rob Lingelbach, rob@xyzoom.info.com] Generally, once the petition is filed, it takes about 30 days to hear from the INS their approval or denial, then at least another 30 days for the paperwork to be transmitted to the foreign embassy and for the interview appointment to be arranged. It can take up to 5 or 6 months total, though usually it is 90 days or so. Q: How long is it good for? What are the conditions? A: [From Rob Lingelbach, rob@xyzoom.info.com] It is valid for 90 days, within which time you must get married and then apply for the change of status to permanent residence. Q: What is needed for the petition? A: [From Rob Lingelbach, rob@xyzoom.info.com] Forms needed: the G-325A, Biographic Information, must be filled out for the petitioner and the fiance(e), and the I-129F Petition for Alien Fiance(e). Q: Can I do this myself, or do I need a lawyer? A: [From Rob Lingelbach, rob@xyzoom.info.com] Either. An attorney can help expedite and answer questions, but there is no reason it can't be done without one. Q: How much will a lawyer charge? A: [From Rob Lingelbach, rob@xyzoom.info.com] Varies widely, but quotes here in Los Angeles were: $1500 due upon approval of petition $1200 covering both fiance(e) visa *and* eventual green card **note**: approval of the petition does not complete the process of obtaining a fiance(e) visa!! The fiance(e) must still be interviewed and approved by the consulate. Q: How will I know the petition is approved? A: [From Rob Lingelbach, rob@xyzoom.info.com] You will be sent a Notice of Action, Form I-797, stating approval or disapproval. Q: What is needed after petition approval? A: [From Rob Lingelbach, rob@xyzoom.info.com] The fiance(e) should call the US consulate, and an interview will be scheduled after the fiance(e) has gathered the following items: [from jrallen@devildog.attmail.com] --Two certified copies of the birth certificate. --A passport valid for at least 6 months. --A police certificate in duplicate, certifying no criminal record. --A medical examination by a doctor approved by the consulate will take place before the interview. --Four color photographs. --Evidence of support in the US --proof that the fiance(e) will not become a charge of the USA. Form 167 details what is needed; the Affidavit of Support (I-134) is the usual method. This form requires: 1) Income, property, and investment information. 2) Loans and expenses. 3) Willingness to deposit a bond with immigration. 4) Acknowledgement of the Social Security Act.... 5) Notarized copies of latest tax return. 6) Statement from employer about salary. 7) Statement from bank officer about accounts... 8) If well established as a business owner, a rating from a rating agency. - For previously married persons, two copies of their marriage certificate and proof of termination. Q: What is needed at the interview? A: [From jrallen@devildog.attmail.com] o Proof of the relationship. o Photos showing the two of you together, letters and correspondence, telephone bills, airline tickets, etc. The INS is very interested in being certain that it is not a "sham" marriage for the purpose of immigration. Typical questions asked: where you met, where the US citizen works. L Visa ------ This entire section was published on page 36 of "India Abroad", Dec 31, 1993. I have included just a part of it. "India Abroad" or the author of this article is in NO WAY responsible for the information provided here. Q. What is L-1 visa? A. The L-1 visa category was established to facilitate the transfer or rotation of foreign personnel of an international company into the United States. Although originally targeted toward large U.S. multi-national corporations, this is an appropriate method for companies of all sizes to seek immediate immigration benefits for their qualifying employees. Further, the L-1 visa may provide quick access to lawful permanent resident (immigrant) status in the United States. Q. Who qualifies for a L-1 visa? A. The L-1 is available to a foreign national who, within the three years immediately prior to entering the U.S., has been employed abroad for at least one continuous year and is now seeking temporary admission to the U.S. to be emplyed by a parent/branch/affiliate/subsidiary of that foreign employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Q. For how may years is L-1 visa issued for? A. An L-1 petition may be approved initially for up to three years, with the possibility of extension for up to four more years. In the case of a "new office" in the U.S., the L-1 will be limited to one year initially with extensions provided thereafter if the new office flourishes. Q. Can dependants of L-1 come to USA? A. The spouse and children (under 21 years and unmarried) may obtain L-2 visas allowing them to enter the U.S with the principal alien, however, they are not allowed to work unless they can qualify on their own for a work visa. They are allowed to attend school and/or participate in volunatary organizations. Q. Can I apply for a L-1 visa? A. [From Veit Irtenkauf, veit@unify.Com] No. The US subsidiary of the company you work for has to file the application. Part of the application is proof of existance of a subsidiary in the country where you currently live (Note: The European Union is not considered to be a country. If you live in France, your company has to have an office in France to apply for the transfer. An office in Germany doesn't help) Q. Can my company apply for multiple L-1 visas? A. [From Veit Irtenkauf, veit@unify.Com] No, since a company is regarded as one legal entity in the US. However, if you work for more than one company, each company could ideally apply for a L-1 visa. Q. What happens, if one of the subidiaries (either in the United States or in the foreign country) goes out of business? A. [From Veit Irtenkauf, veit@unify.Com] The L-1 visa is dependent on the existance of both a subsidiary in the United States and the foreign country. If either or both ceases to exists, your visa automatically becomes void and your work permit is automatically terminated Q. Does this mean I have to leave the United States? A. [From Veit Irtenkauf, veit@unify.Com] Yes! Since you lost your work permit and your visa, you are not allowed to work in the United States any longer, unless you have another visa like an H-1B. If you have a visitor visa (B-1, B-2), you can certainly stay, but your are not allowed to work any longer. Q. In case I want to escape the trap with the involuntary termination, if my company goes out of business, can I switch to a different kind of visa (e.g., to an H-1B) at any time? A. [From Veit Irtenkauf, veit@unify.Com] Yes. All what the company has to do is to apply for the other visa. Q. In case the new visa is not granted will I automatically lose my old visa. A. [From Veit Irtenkauf, veit@unify.Com] No. The L-1 will still be valid, even if your petition for a different visa was not approved. Nor does it have any influence on the extension petition for your current L-1, if it can still be extended. Q. What's the cost for a L-1 visa? A. [From Veit Irtenkauf, veit@unify.Com] It's about $150 for the initial visa and around $75 for the extension. Plus the fee for the lawyer. Q. Do you need a lawyer to get a L-1 visa. A. [From Veit Irtenkauf, veit@unify.Com] Personally you don't, but since the paperwork is similar to the H-1B visa, most companies who sponsor L-1 visas hire a lawyer anyway. See the discussion about lawyers in the H-1B section for more details. Visitors Visa ------------- Q: What documents should I send to sponsor for a visitors visa? A: [From B.G. Mahesh, mahesh@mahesh.com] 1. Letter of employment from my employer stating how much I make and from when I am working for this company. 2. Letter from my Bank. 3. I-134 and got it notarized in my bank [$1 fee for notarization]. You can get I-134 from INS or your internationl student office. I heard you can use xerox copies of this form. 4. Letter from me stating that I will take care of their expenses in USA. 5. Visitor fee $100 each (this might have changed) Q: How can I extend a visitors visa? A: [Compiled by Murali Venkat, murali@novell.com] o Which form needs to be filled? I-539 (Extension of stay/change of status) o What supporting documents needs to be sent along? Reason for asking for extension, proof of financial support (i.e. you have enough financial resources to take care of them), a copy of their return tickets (to show that their stay is temporary). o What is the fee? $ 75. If a spouse is also included in the same form then its only $10 additional. o How much time does it take? Depends on the region...about 3-5 weeks. o What dates are relevant, I mean should we go by the date the Visas are expiring or by the date the I-94 expires? THE DATE THE I-94 EXPIRES. The date of expiry of visa is IRRELEVANT. o When should we apply for the extension? I mean how many weeks in advance to the I-94/Visa expiration should we apply? Between 45 to 15 days of the date of expiry of the I-94. Ideally, 1 month before the I-94 expires. Q: Can the immigration officer at the port of entry (or any other INS officer) cancel the B1/B2 visa? If so, on what grounds? A: [from Rajiv S. Khanna, rskhanna@immigration.com] The INS can refuse entry (which functionally amounts to the same thing as cancelling a visa). That happens mostly when the INS discovers something that is contrary to your declared intention in getting the B-1/B-2. Typical example: you have a fiance(e) in the U.S. INS discovers love letters (long, mushy ones) in your documents. Or during conversation with an INS officer you let slip that you are panning to get married in the U.S. These are some of the examples I have seen personally. Legally, there is a bunch of grounds such as past criminal convictions, past immigration violations, certain diseases etc. (technically called "grounds of exclusion") that can bar ones entry despite possession of a valid visa. Q: Can I apply for a social security number on a B1/B2 visa? A: [From Srinivas Kompella, tron!pcdoh!srk@uunet.uu.net] Various immigration rules books I have referred to indicate that it is possible to get SS# on B1/B2 visa. Infact any visa is good enough. All you need is passport and a drive to the SS# office. They do not usually question WHY but if they do the answer is FOR BANKING PURPOSES. They will mail a SS card in a few weeks and it will have NOT ELIGILBE FOR EMPLOYMENT stamp on it. -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@mahesh.com EVB Software Engineering, Inc. | Home Page: http://www.fred.net/mahesh/ | FAQ maintainer of alt.visa.us