F-1 Visa2024-04-18T16:16:36+00:00

F-1 Visa

According to the USCIS: The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

  • Curricular Practical Training (CPT)
  • Optional Practical Training (OPT) (pre-completion or post-completion)
  • Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

F-1 students may also be eligible to work off-campus on a case-by-case basis because of special situations such as severe economic hardship or special student relief.

Reinstatement of Status
We are most often contacted by students who have somehow fallen out of status. This happens when An F-1 student who is unable to complete the educational program within the time listed on Form I-20 or successor form and who is ineligible for program extension pursuant to is considered out of status. If eligible, the student may apply for reinstatement.

USCIS Process at a Glance

The reinstatement process in SEVIS is simple; but it can take USCIS some time to adjudicate.

Step Player Action
  • Recommends reinstatement in SEVIS.
  • Prints and signs the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, issued for reinstatement.
2 Student Assisted by

Kidambi & Associates

  • Student Signs Form I-20 issued for reinstatement.
  • K&A Completes and mails Form I-539, Application to Extend/Change Nonimmigrant Status, to USCIS with fee and supporting documents.

Note: The Form I-539, Instructions for Application to Extend/Change Nonimmigrant Status, lists the required documents to submit with the Form I-539.
Note: If the student has been out of status for more than five months, he or she must also:

  • Pay the SEVIS I-901 fee again.
  • Explain why the reinstatement application could not be filed sooner.

We recommend preparing a detailed affidavit explaining the circumstances that led to the student falling out of status regardless of the duration. We will assist with this process

  • Accepts/rejects the application.
  • Makes a decision and mails it to the Attorney of Record and student.

Note: USCIS may request additional information. USCIS will send all correspondence related to the application to the Attorney of Record and the Student.

  • SEVIS automatically emails the decision to the DSO who requested the reinstatement and to the PDSO.
  • If approved for reinstatement to a continuing program, SEVIS changes the status of the record to Active.
4 Student
  • If approved for reinstatement to a new program, the student enrolls for the program, as indicated on the Form I-20.
  • If approved for reinstatement to a continuing program, the student resumes a full course of study, if he or she has not already done so.
  • If denied, the decision may be reopened or reconsidered through a Motion filed with the appropriate Office of the USCIS.
4a DSO
  • If approved for reinstatement to a new program, the DSO must follow the registration processes for the initial session at the school.
  • If approved for reinstatement to a continuing program, the DSO must register the student within 30 days and make sure the session dates are correct.

Note: SEVIS will terminate the record for failure to enroll, if the Initial or Next Session Start Date is past the regulatory deadline.

4b SEVIS If denied, SEVIS closes the reinstatement request. See #4 for Motion Rights & Process
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