In a major policy change, U.S. Citizenship and Immigration Services (USCIS) has announced big changes that will affect F visa holders who come to the U.S. to study. Students with an F-1 visa can now directly apply for immigration visas under the Employment-Based (EB) category for the first time.
F students who are qualified to receive immigrant visas
“(F1 visa) students may be the beneficiary of a permanent labor certification application or immigrant visa petition, and they may still be able to demonstrate their intention to depart after a temporary period of stay,” the release document adds. “(F1 visa) students may also be interested in obtaining an immigrant visa.”
The United States Citizenship and Immigration Services (USCIS) has issued extensive policy guidelines for the F and M student nonimmigrant classifications. For these students and their families who are currently residing in the United States, the purpose of these revised guidelines is to provide clarification regarding the procedures and requirements for job authorization, status adjustments, extensions, and reinstatements.
F-students have the opportunity to work with new businesses.
An additional benefit of the revised policy is that it broadens the range of opportunities available to students in the United States who have earned degrees in STEM fields (science, technology, engineering, and mathematics). After completing their 36 months of Optional Practical Training (OPT), these graduates are now able to work for companies that are in their early stages of development. On the other hand, the startup must fulfill a number of standards, including adhering to the requirements of the training plan, maintaining a positive standing with E-Verify, and providing compensation that is comparable to that which is offered to workers in the United States who are in a similar situation.
“(STEM) students in the field may be employed by startup companies, provided that the employer complies with the requirements of the training plan, maintains a positive standing with E-Verify, and provides compensation that is commensurate to that which is provided to workers in the United States who are in a similar situation, among other requirements.”
Who are F-1 visa students
Students who intend to enroll in a recognized college, university, seminary, conservatory, academic high school, elementary school, or other academic institution—including a language training program—in the United States are classified in this category.
Who are M-1 visa students
Students pursuing non-academic or occupational education are eligible for this type of visa (language training programs excluded). Those with M-1 visas are permitted entry into the country for a predetermined amount of time, often the duration of their training program plus any required practical training, with a 30-day grace period in between. M-1 students are subject to stricter limitations on their employment opportunities while in the country as opposed to F-1 students.