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 Non-Immigrant Visas Non-US citizens coming to the US for education must attend a college that is on the INS list of accredited colleges to admit foreign students. Students must apply to and be admitted by one or more of these approved institutions before applying for the Visa. Once the school admits the student, it will issue Form I-20, "Certification of Eligibility of Non-immigrant F-1 Student Status." One requirement before the college issues the I-20 Form is that it must obtain evidence that the student will have sufficient resources to support his/her self and live without working illegally. Remember, the INS is concerned that the admission of a non-US student for education purposes does not result in the deprivation of a job for a US worker. To obtain one of these Visas, several items must be disclosed with your application:
An Affidavit of Support is the usual manner in which proof of financial support is supplied to the INS. The children and spouse of an F-1 student are able to obtain a status known as F-2. Here there is a huge concern on the part of the INS as to whether your spouse, or even older children, will work in the US. The INS will not allow them to have an F-2 status if you cannot show proof of independent financial support for your family, and convince the INS that neither you, nor anyone else in your family, will be working while in the US. Additionally, the INS has a great concern as to the country from which the student is coming to the US. If the student intends to study in the US, and is able to bring his/her family, the INS often concludes, rightly or wrongly, that the student will not want to return to his/her home country, especially if it is under-developed or has little economic opportunity. On this basis, and often through no fault of the applicant, the INS will not grant an F-2 status to the family of the F-1 student. From the perspective of the INS, this will give the F-1 student the incentive to return home after studying. Exceptions to No Work Rule - Limited work is permitted. Non-US citizens coming to the US for study are permitted to work, but only under certain conditions. Usually work to obtain experience is permitted, if the experience is either in the degree, or post-degree, field of study of the student. F-1 students also can work up to 20 hours per week during school, and can actually work full-time during holidays and vacations. Proof of registration for each next semester is required to support the theory that you intend to continue to attend school and not work [and not take a job from a US worker.] The limitations are that the work must be "on-campus" as those jobs usually employ students, or "off-campus" only if the work is in line with the study program of the school. Additionally, there are time limits that do, in fact, limit the number of hours an immigrant can work each year. Work is also permitted if the student encounters a severe hardship. Non-US citizens coming to the US for study are permitted to work if suffering a severe hardship that results in a change in their economic status. In this situation, any job is permissible, but the 20-hour per week limitation is still enforced during school. Practically, there may be a number of economic hardships. Predictability is not realistic in every case, but things like losing your scholarship, unexpected medical expenses, or other types
of catastrophic situations will enable an F-1 student to work off-campus in a job that is not related to his/her study program. Any non-US citizen facing this possibility should absolutely
consult with a professional immigration attorney to gain an understanding of how their circumstances relate to past INS exceptions that have been granted on the basis of economic hardship.
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