## F-1 student visa in New York The **F-1 visa** allows foreign nationals to study at US schools. New York international students at universities, colleges, language schools, and approved K-12 schools must maintain specific status requirements + can work only in limited circumstances. ## Eligibility **To qualify:** - Accepted by SEVP-certified school - Full-time student - Sufficient funds - Bona fide intent to return home - Strong ties to home country - Adequate English proficiency (or learning) ## Application process **1. School admission:** - Apply to SEVP-certified school - Acceptance letter - Financial documentation **2. Form I-20:** - Issued by school's DSO (Designated School Official) - Establishes program of study - SEVIS record created - I-901 SEVIS fee ($350) paid **3. Visa application:** - DS-160 online application - Pay visa fee ($185) - Schedule embassy/consulate interview - Documentation prepared **4. Embassy interview:** - Verify ties to home country - Verify intent to study - Verify financial support - Approve / deny / 221(g) **5. Entry:** - Up to 30 days before program start - Present I-20 + visa at port of entry - Admission for "D/S" (duration of status) ## Maintaining F-1 status **Required:** - **Full-time enrollment** — minimum credit hours - **Make academic progress** toward degree - **Maintain I-20 validity** — extensions, transfers - **Report changes** to DSO (address, etc.) - **Limit work** to authorized employment - **Don't violate immigration laws** - **Maintain valid passport** (6 months beyond stay) **Drops below full-time:** - DSO can authorize for medical / academic reasons - Otherwise = out of status - Severe consequences ## Working as F-1 student **On-campus employment:** - Up to 20 hours/week during term - Full-time during breaks - No special authorization needed - DSO can stop if affecting studies **Off-campus employment — limited:** **1. CPT (Curricular Practical Training):** - Must be integral part of curriculum - Authorized by DSO - Up to 12 months full-time without losing OPT - 12+ months full-time = NO OPT eligibility - Generally tied to specific program **2. OPT (Optional Practical Training):** - Up to 12 months total - Pre-completion or post-completion - Apply 90 days before graduation (post-completion) - $470 application fee - 90-day USCIS processing typical - Authorized work in degree field **3. STEM OPT extension:** - Additional 24 months for STEM degree holders - Total: 36 months OPT - E-Verify employer required - More requirements + reporting **4. Severe economic hardship:** - Special USCIS authorization - Limited circumstances - Not commonly used **5. Approved international organization employment:** - Specific designations - Limited circumstances ## OPT timing critical **Application window:** - 90 days before graduation - Up to 60 days after graduation - USCIS receipt = work authorization eventually - Cannot work until EAD card received **Common mistakes:** - Filing late - Working before EAD - Working outside field of study - Unemployment exceeds limits (90 days standard, 150 days STEM) ## Unemployment + status **During OPT:** - 90 days unemployment allowed - 150 days during STEM extension - Beyond limits = out of status - Volunteering may count as employment - Self-employment counts **Document employment** carefully. ## Travel + visa stamping **Within US:** - Generally fine if status maintained - I-20 endorsement for travel **Outside US + return:** - Need valid F-1 visa stamp + valid I-20 + travel signature - DSO must sign I-20 within 12 months for current student - 6 months for OPT students - F-1 visa renewal sometimes needed **Risks of travel:** - Visa denial / 221(g) - Reentry refusal - Particularly post-OPT or near-graduation - Plan carefully ## Transferring schools **SEVIS transfer:** - New school accepts - Both DSOs coordinate - New I-20 issued - Continue F-1 status - Specific procedures + deadlines ## Change of program **Within school:** - New I-20 issued for new program - DSO authorizes - Generally smooth **Adding majors / minors:** - Update I-20 - Maintain progress requirement ## Dependents (F-2) **Spouse + children under 21:** - F-2 status - Cannot work - Children attend K-12 OK - Spouse can pursue casual study (not full-time degree) - Dependent on F-1's status ## Common F-1 violations - Working without authorization - Dropping below full-time without authorization - Failing to make academic progress - Failing to maintain valid I-20 - Overstaying (after I-20 ends + grace period) - Unauthorized program changes - Failing to report address changes (within 10 days) - Continuing OPT after employment ends (limits) ## Out of status — consequences **Severe consequences:** - Cannot extend program - Cannot apply for benefits - Subject to removal - Inadmissibility issues - Future visa denials **Reinstatement** sometimes possible: - DSO can request - USCIS approves - Specific circumstances - Difficult but available **Departure + reapply** sometimes needed. ## Path to longer-term status **Common transitions:** **OPT → H-1B:** - Employer sponsors H-1B - Cap-gap protection (April-October) - STEM OPT helps with cap lottery process - Most common path **O-1 visa:** - Extraordinary ability - For exceptional individuals - High bar - No cap **Family-based green card:** - Marriage to USC / LPR - Adjustment of status - Requires legal entry + maintained status **Employment-based green card:** - PERM + I-140 + I-485 process - Long backlogs for many countries - Often pursued during H-1B **Investor visas (E-2, EB-5):** - Specific requirements - Capital investment ## SEVIS reporting requirements **Schools must report:** - Enrollment status changes - Address changes (10 days) - Program changes - Authorized leaves - Failure to enroll - Disciplinary issues (sometimes) **Real-time monitoring** of F-1 students. ## Recent issues + trends **Continuing issues:** - Increased scrutiny at consulates - 221(g) administrative processing common - Visa stamping wait times vary - COVID-related interruptions **Policy shifts (2025+):** - F-1 program reviews - OPT scrutiny - STEM OPT challenges + protections - Always check current policy ## What you should do If you're an F-1 student in New York or considering one: maintain status meticulously, communicate with DSO regularly, plan OPT/H-1B early, and consult immigration counsel for transitions. Most New York immigration attorneys handle F-1 issues. School DSOs are excellent resources for routine matters but immigration attorneys for complex situations. --- *This guide is general information about US federal immigration law as of mid-2026 and is not legal advice. F-1 status is technical + closely monitored. Talk to a licensed immigration attorney about your specific situation.*