F-1 Visa & The F-1 Student Visa Process

Students who wish to come to the United States as full time academic or language students may do so with an F-1 student visa. The F-1 visa grants students who are enrolled in a program that provides a degree or certificate the right to remain in the US during the course of their studies.

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Can a former student apply for permanent residency after their student visa has expired?

Someone who is temporarily in the United States on a student visa may be able to apply for permanent residency or citizenship, but not usually based solely on his or her status as a student. Whether a foreign student can obtain permanent residency or citizenship will depend on his or her current status and whether he or she can convert to a status that is eligible for adjustment of status as a permanent resident.

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My B-1/B-2 visa is valid for 5 years. Can I stay in the U.S. the entire time?

Visitor visas are non-immigrant visas allowing people to enter the United States temporarily for purposes of business (B-1), pleasure or medical treatment (B-2), or both (B-1/B-2). Although B-1/B-2 visas might state they are valid for “multiple entries” into the United States, it is your responsibility to depart the country upon expiration of your initial authorized stay.

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Can I apply for permanent residence while on an H-1B visa?

Typically a temporary U.S. work visa requires that you prove significant contacts in your native county and that you do not intend to apply for permanent residence in the U.S. The H-1B work visa is an exception to this rule. The H-1B work visa is technically a temporary visa because it is considered for a limited purpose, however, the application process for an H-1B work visa allows you to designate permanent residence as a dual intent as to the purpose of your entry.

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Working in the U.S. with an H2-B Visa

The H-2B visa is a visa for temporary work that U.S. workers are generally unwilling to do. This visa is for non-professionals and an employer must sponsor an immigrant. To employ H-2B workers, employers go through a process to prove that no U.S. workers are willing to do the temporary work. This includes filing certain forms, advertising the seasonal work, and going through a state run labor certification process.

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How does the J-1 visa work?

A J-1 visa allows temporary or limited entry of an individual into the United States under what is called an Exchange-Visitor Program. The goal of the program is to promote the exchange of information and cultural experiences between the United States and other countries. The J-1 visa category is obtainable only through a U.S. government-approved Exchange-Visitor Program.

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How long can I stay in the U.S. on a J-1 visa?

Every J-1 visa is limited by its category and defined objectives. Namely, a student visa is for someone to go to school. A J-1 visa for a teacher limits that person to teaching. A sponsoring agency may terminate your participation in the program before the time your J-1 student visa was set to expire. Although your J-1 visa was not due to expire for another 12 months, the purpose of the program was effectively ended by the sponsoring agency.

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How does a foreign national obtain a student visa in the United States?

There are two main types of student visas are used by colleges and universities. Some colleges focus on F-1 or M-1 student visas; here, college’s requirements for admission are a factor. A particular university may require a certain grade point average and three letters of recommendation. Before you can receive the application for an F-1 visa or M-1 visa, you must satisfy that institution’s requirements. Other colleges focus on J-1 student visas.

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What is a J-1 visa?

The J-1 visa category is typically used by foreign students, medical interns and residents, business trainees, scholars and experts. The J-1 visa is the predominant visa category among temporary student visas as it offers a wider variety of educational options; however, the program is not restricted to students. The J-1 visa came out of the intention to promote exchange of information between countries.

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