The United States offers two primary nonimmigrant visa categories for international students: the F-1 and M-1 visas. These visas are tailored to different types of students and programs. F-1 visas cater to academic students, allowing full-time enrollment in educational institutions, while M-1 visas apply to vocational students in non-academic settings. For both categories, employment opportunities are limited and regulated, with specific eligibility and authorization requirements. This guide will detail the requirements, employment options, and recent policy updates for students looking to study and gain experience in the U.S.

F-1 and M-1 Visa Requirements

To qualify for an F-1 or M-1 visa, students must meet specific eligibility criteria. These criteria ensure that students are genuinely pursuing full-time education and can support themselves financially while in the U.S.

Eligibility Requirements:

1. Enrollment in an Approved Program: Students must be enrolled in an “academic” educational program, a vocational program, or a language training course. The institution must be certified by the Student and Exchange Visitor Program (SEVP), overseen by Immigration and Customs Enforcement (ICE).
2. Full-Time Study: Both F-1 and M-1 visas require students to be enrolled full-time, which varies depending on the educational institution and level of study.
3. English Proficiency: Students must demonstrate English proficiency or be enrolled in courses to achieve proficiency.
4. Financial Support: Applicants must prove they have enough funds to support themselves for the duration of their studies.
5. Residency Abroad: Applicants must maintain a residence abroad that they do not intend to abandon, showing an intention to return after completing their studies.

Types of Student Visas

F-1 Visa (Academic Student)

The F-1 visa is issued to students enrolling in academic programs such as colleges, universities, high schools, and approved language training programs. F-1 students can pursue courses that lead to a degree, diploma, or certificate, making it the most common visa for international students in the U.S.

M-1 Visa (Vocational Student)

The M-1 visa is specifically for students pursuing vocational or non-academic programs, such as technical training or trade schools. Unlike F-1 students, M-1 visa holders cannot switch programs or pursue academic studies after obtaining the visa.

Employment Opportunities for F-1 and M-1 Visa Holders

Employment for F-1 and M-1 visa holders is limited and subject to strict rules. Authorization from both the Designated School Official (DSO) and U.S. Citizenship and Immigration Services (USCIS) is often required before starting any employment.

F-1 Visa Employment Options

1. On-Campus Employment: F-1 students may work on campus during their first academic year, with limitations. On-campus jobs are generally part-time during the academic year but may extend to full-time during breaks.
2. Off-Campus Employment After First Year: After the first academic year, F-1 students can engage in off-campus employment if authorized. Options include:
   • Curricular Practical Training (CPT): CPT allows students to work in a position directly related to their field of study as part of their curriculum. CPT is often used for internships or cooperative education programs. Authorization must come from the DSO, and CPT must be completed before graduation.
   • Optional Practical Training (OPT): OPT enables students to work in their field of study for up to 12 months. Students may apply for OPT before (pre-completion) or after (post-completion) graduation.
   • STEM OPT Extension: F-1 students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension to OPT, granting them up to 36 months of work experience in the U.S.
3. Special Situations: F-1 students facing severe economic hardship or special circumstances may apply for additional off-campus employment authorization. Authorization is granted by USCIS on a case-by-case basis.

M-1 Visa Employment Restrictions

M-1 students face stricter employment limitations. They are permitted to engage in practical training only after completing their studies, and the training must be directly related to their field. M-1 visa holders must secure employment authorization from USCIS before starting any work.

Social Security Numbers and Employment Authorization

International students authorized to work may apply for a Social Security number (SSN) but must present proof of employment authorization from the Department of Homeland Security (DHS) first. Students should consult their DSO for information on applying for an SSN and gathering the necessary documentation.

Recent Updates to F-1 OPT Policies for STEM Fields

USCIS recently updated its policy guidance on August 27, 2024, concerning OPT for F-1 students in STEM fields. The new guidance addresses specific criteria for OPT eligibility, online study, school transfers, and grace periods for STEM students. These updates clarify pathways for students seeking STEM OPT extensions, ensuring they meet the requirements. Students should check with their DSO for the latest rules on STEM OPT extensions.

Special Instructions for Submitting Photos to USCIS

USCIS requires that all photos submitted with applications be unmounted and unretouched. Photos that are digitally enhanced, edited, or retouched are not accepted and can delay the application process. Applicants submitting incorrect photos may be asked to appear in person at an Applicant Support Center to verify their identity, so following these requirements is crucial.

Important Steps for International Students Seeking Employment

Securing employment in the U.S. while on an F-1 or M-1 visa involves multiple steps and clear communication with both the DSO and USCIS.

1. Consult the Designated School Official (DSO): DSOs are the primary point of contact for employment authorization. They maintain the Student and Exchange Visitor Information System (SEVIS) and help students understand employment options, eligibility, and the application process.
2. Apply for Employment Authorization: Before starting any off-campus employment, students must secure employment authorization from USCIS. This process involves submitting the necessary forms and supporting documents, which DSOs can assist with.
3. File Form I-765 for OPT: Students interested in OPT must complete Form I-765, Application for Employment Authorization, to receive permission to work off-campus in their field of study. This form must be filed at least 90 days before the requested start date.
4. Understand Timing and Deadlines: Employment authorizations, particularly OPT and STEM OPT, have specific deadlines and validity periods. Submitting applications early and tracking SEVIS status is essential to ensure compliance and prevent interruptions in employment eligibility.

Additional Resources and Important Websites

The following resources provide valuable information for international students:

• USCIS Policy Manual: For comprehensive information on nonimmigrant F and M student classifications, visit the USCIS Policy Manual.
• Student and Exchange Visitor Program (SEVP): Detailed information about SEVP and its regulations is available on the ICE Student & Exchange Visitor Program website and Study in the States website.
• Social Security Administration (SSA): For guidelines on applying for a Social Security number, refer to the SSA’s resource on International Students and Social Security Numbers.
• Department of State Foreign Affairs Manual: The U.S. Department of State provides insight into the residence abroad requirement in its Foreign Affairs Manual, specifically 9 FAM 402.5-5(E)(1).

Conclusion

The F-1 and M-1 visas provide international students with pathways to study in the United States, but employment options are regulated and require proper authorization. F-1 students have more flexibility in employment, with options such as on-campus work, CPT, and OPT, including an extended OPT period for STEM fields. M-1 students, however, are limited to practical training after completing their studies.