Study in US: An expert answers your biggest F-1 visa questions

aloksaideep@gmail.com | Jul 22 2024 , 11:55 am

Can an F-1 student start a business in the U.S. while studying?
A student may be a passive investor in a business but cannot actively run the business, since the U.S. government considers starting your own business in the United States, also known as entrepreneurship, as work. Therefore, if you are an F-1 student who plans to start and run your own business in the United States, you must qualify and apply for OPT. The OPT, and the business, must relate to your program of study and can occur either before (pre-completion OPT) or after the completion of a program of study (post-completion OPT). Please note that you cannot be your own employer for the purpose of the STEM OPT extension.

What happens if an F-1 student gets a DUI or other serious legal charges?
A DUI or other serious legal charges can jeopardize an F-1 student's visa status. Such incidents may lead to visa revocation, denial of future visa applications, or deportation. Students should consult an immigration attorney immediately if they face legal issues.

Does taking a leave of absence affect my F-1 visa status?
Yes, taking a leave of absence can affect F-1 status. Students must work with their Designated School Official (DSO) to properly handle the leave. Depending on the length and reason, students may need to depart the U.S. and reapply for a new visa to return.

Can F-1 students volunteer or do unpaid internships?
F-1 students can volunteer or do unpaid internships if the position meets the Department of Labor's criteria for unpaid internships. It must be clear that no employment relationship exists, and the work is genuinely voluntary.

What are the rules for F-1 students regarding online courses?
F-1 students can take only one online course or three credit hours per semester as part of their full course load. The rest of the credits must be from in-person classes.

How does pregnancy or having a child affect my F-1 visa status?

Pregnancy or having a child does not directly affect F-1 status. However, students must maintain their full course load unless authorized by their DSO for a reduced course load due to medical reasons.

Can F-1 students travel to U.S. territories (like Puerto Rico or the U.S. Virgin Islands)?
Yes, F-1 students can travel to U.S. territories without needing a new visa. These territories are considered part of the U.S. for immigration purposes.
What happens if my program end date is extended but my visa is expiring?
If your program end date is extended, your DSO can extend your I-20. However, if your visa is expiring, you must renew it to re-enter the U.S. after traveling abroad.

Can F-1 students enroll in two schools simultaneously?
Yes, F-1 students can enroll in two schools simultaneously if they get permission from their primary school's DSO, and the combined course load is considered full-time.

How do criminal charges in the U.S. affect my ability to travel on an F-1 visa?
Criminal charges can affect your ability to travel and re-enter the U.S. Convictions may lead to visa revocation. Students should seek legal advice to understand their specific situation.

Can I change my field of study or major while on an F-1 visa?
Yes, you can change your field of study or major. You must inform your DSO, who will update your SEVIS record and issue a new I-20 if necessary.

What if I need to transfer schools but my SEVIS record is terminated?
If your SEVIS record is terminated, you need to apply for reinstatement or leave the U.S. and re-enter with a new initial I-20 from your new school.

How do changes in financial support affect my F-1 status?
Changes in financial support must be reported to your DSO. If you no longer have sufficient funds to support your studies, it could affect your visa status. You might need to provide new financial documents.

What happens if I drop below a full course load without prior authorization?
Dropping below a full course load without authorization can result in the termination of your F-1 status. Always seek approval from your DSO before making any changes to your course load.

Can an F-1 student apply for a green card while studying?

Yes, F-1 students can apply for a green card while studying, usually through family sponsorship, employment, or other eligible categories. However, it is complex and requires careful handling to avoid violating visa status.
How does an F-1 visa holder handle a situation where their passport expires while in the U.S.?
You must renew your passport through your country's Embassy or Consulate in the U.S. You must ensure that your passport is always valid for at least six months into the future.

Can F-1 students drive in the U.S., and what are the requirements for obtaining a driver's license?

Yes, F-1 students can obtain a driver’s license. Requirements vary by state but generally include a valid I-20, passport, visa, and proof of residence.

What are the implications of overstaying the F-1 visa by a few days?

Overstaying your visa, even by a few days, can have serious consequences, including becoming ineligible for future visas. Always maintain your status and consult your DSO if issues arise.

How can F-1 students deal with family emergencies that require them to leave the U.S. temporarily?

In case of family emergencies, inform your DSO and get a travel signature on your I-20. Ensure your visa is valid for re-entry and carry the necessary documentation to explain the emergency upon return.

What options are available for F-1 students who cannot return to their home country after their program ends?

Options may include applying for OPT, changing to another visa status, or applying for asylum if eligible. Consult an immigration attorney for guidance.
Can F-1 students work remotely for a company outside the U.S.?
Generally, F-1 students are not allowed to engage in unauthorized work, even remotely. Consult your DSO and ensure that any work you plan to undertake complies with immigration regulations.

How do I reinstate my F-1 status after falling out of status?

To reinstate your status, you must file a reinstatement application with the USCIS, demonstrating that the violation was beyond your control or due to a reduced course load approved by your DSO.

Are F-1 students allowed to participate in crowdfunding or online fundraising campaigns?

F-1 students can participate in crowdfunding or online fundraising, but it should not be construed as unauthorized employment. Proceeds should not be linked to work performed in the U.S.

What should an F-1 student do if they become seriously ill and cannot attend classes?

Notify your DSO immediately. You may qualify for a reduced course load or a medical leave of absence. Proper documentation from a medical professional is required.

Can F-1 students apply for social security numbers (SSNs), and what are the requirements?

F-1 students can apply for an SSN if they have authorized employment (on-campus job, CPT, or OPT). They need to provide a job offer letter, a valid I-20, a Passport, a visa, and a letter from their DSO.

These answers aim to provide clear guidance for various complex situations F-1 students might encounter.

The author is the founder and managing partner of LawQuest