Study/Training/Cultural Exchange Visa Classifications
F-1 Students
M-1 Vocational Students
J-1 Exchange Visitors
Student and Exchange Visitor Program
H-3 Special Education Trainee
If you are coming to the U.S. primarily for tourism, but want to take a short course of study of less than 18 hours per week, you may be able to do so with a visitor’s visa. However, if your course of study is more than 18 hours a week, you will need a student visa. A foreign national seeking a student visa must demonstrate he/she has a residence and other compelling social and economic ties outside the U.S. which will insure their return abroad as well as their intent to depart at the conclusion of their program of study. The student visa applicant must also provide financial means sufficient to cover tuition and living expenses during the period of intended study. The Immigration and Nationality Act provides various nonimmigrant visa categories for persons wishing to study and/or obtain training in the United States.
F-1 Students
Foreign nationals wishing to pursue full-time academic studies and/or language training programs in the United States must obtain an F-1 visa. F-1 students may enter the United States for the time necessary to pursue their degree program as long as they maintain a full course of study.
F-1 students are not authorized for employment except for on-campus work of less than 20 hours per week (full-time permitted during school recess periods). Where economic hardship is present, off-campus employment authorization of less than 20 hours per week may be obtained after the first year. Otherwise, F-1 students can obtain practical training employment authorization “Optional Practical Training (OPT)” for a period of one year, usually after completing their degree program. OPT employment is not limited to a specific employer, but must be related to the student’s field of study. Additionally, students who have completed nine (9) months of an undergraduate degree program, or students pursuing a graduate degree program, may obtain authorization to participate in an internship or cooperative training program that is part of their curriculum (“Curricular Practical Training”).
Spouses and children of an F-1 student may be issued F-2 visas so they may accompany the student. Spouses cannot engage in full-time studies at any level. Children may attend primary and secondary school, but cannot pursue post-secondary education, unless they too obtain an F-1 visa. Neither spouses nor children can be employed while in F-2 status.
M-1 Vocational Students
The M-1 visa classification is for students in vocational or other nonacademic programs, other than language training. M-1 students are prohibited from accepting employment at any time except for a period of practical training after completion of studies. The prospective employment must be in the field of study and will be issued in a ratio of one month for every 4 months of a full-time course of study. The spouse and children of an M-1 student are issued M-2 visas so they may accompany the student. They may attend school, but cannot work.
J-1 Exchange Visitors
The Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. International educational and cultural exchange programs provide a valuable opportunity to experience the United States and its way of life. In general, a program must provide for training and/or education in an area not available in the alien’s home country. However, the Exchange Visitor Program may not be used for ordinary employment.
The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs. Exchange Visitor program participants are expected to return to their home countries at the conclusion of their program to utilize the experience and skills they have acquired while in the United States. The Department of State (DOS) designates public and private entities to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:
- Au pair
- Camp Counselor
- Student, college/university
- Student, secondary
- Government Visitor
- International Visitor (reserved for U.S. Department of State use)
- Foreign physicians (for graduate medical training only)
- Professor
- Research Scholar
- Short-term Scholar
- Specialist
- Summer work/travel
- Teacher
- Trainee
J-1 program sponsors are responsible for ensuring that their program is suitable to the participant's background, needs, and experience. Sponsors therefore screen and select their program participants according to the eligibility criteria for each program category. Some categories require that a personal interview be part of the screening/selection process. Additionally, all participants must possess sufficient proficiency in the English language to participate in their programs, and must carry medical insurance at certain minimum benefit levels for them and any dependents (spouses and children under the age 21) accompanying them.
Participation in a J-1 program may subject the foreign national participant to a two-year foreign residence requirement after their authorized stay in the United States. Exchange programs which are paid for in full or in part by the United States or a foreign government generally carry this restriction. Foreign physicians who enter the U.S. in J-1 status are automatically subject to the two-year foreign residence requirement regardless of the source funding their program. Additionally, the Secretary of State has designated a list of fields of specialized knowledge or skills (referred to as the Exchange-Visitor Skills List) and those countries which clearly require the services of persons engaged in one or more of such fields. Any alien who is a national or resident of one of those countries and obtains an exchange-visitor visa and/or becomes a participant in an Exchange-Visitor Program involving a designated field of specialized knowledge or skill is subject to the two-year foreign residence requirement.
J-1 program participants subject to this requirement cannot seek other nonimmigrant classifications, such as H 1B and L-1, or permanent residence in the United States until they spend two (2) years in their country of citizenship or lawful permanent residence. Therefore, foreign nationals should thoroughly consider other possible immigration alternatives before seeking a J-1 visa.
A waiver of the two-year foreign residence requirement may be granted where:
- an exchange visitor obtains a “No Objection” letter from the government in their home country consenting to the waiver of the requirement (not available for foreign physicians);
- an interested United States government agency requests a waiver on the foreign national’s behalf;
- an exchange visitor can establish that he or she will be persecuted based on his/her race, religion, or political opinion if he/she were to return to his/her home country;
- an exchange visitor can demonstrate that his or her departure from the United States would cause exceptional hardship to his United States citizen or lawful permanent resident spouse or child; or
- a foreign medical graduate has an offer of full-time employment at a health care facility in a designated health care professional shortage area or which serves patients from such a designated area, and agrees to begin employment at that facility within 90 days of receiving such a waiver, and signs a contract to continue to work at that health care facility for a total of 40 hours per week for not less than three years.
The spouse and children of J-1 aliens are issued J-2 visas so they may accompany the exchange visitor. A J-2 dependent may obtain employment authorization from the Immigration and Naturalization Service during the pendency of their stay in the United States. If the J-1 alien is subject to the two year foreign residence requirement, the J-2 dependents are subject as well.
The initial admission of an exchange visitor, spouse and children may not exceed the period specified on Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, plus a period of 30 days for the purpose of travel. This period, commonly referred to as the "grace period", is meant to allow participants to settle their affairs and to prepare to return to their home countries. Program participants may no longer continue and/or complete exchange activities, nor may they work. Although participants may travel in the United States, it is recommended that they do not travel beyond the borders of the United States as they may not be permitted reentry.
Student and Exchange Visitor Program / Student and Exchange Visitor Information System
The Student and Exchange Visitor Program (SEVP) is designed to help the U.S. Department of Homeland Security and Department of State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications, via the Internet, to the Department of Homeland Security and Department of State (DOS) throughout a student or exchange visitor's stay in the United States. All student visa applicants must have a SEVIS generated I-20 issued by an educational institution approved by DHS, which they submit when they are applying for their student visa.
H-3 Special Education Trainee / Other Trainees
The H3 visa is a nonimmigrant visa which allows foreign nationals to enter the U.S. to temporarily receive training not available in their home country, in order to advance their career outside the U.S. H-3 visas are available for training in areas such as commerce, agriculture, government, professions, finance, agriculture, or in an industrial establishment. Physicians are ineligible for the H-3 classification to receive any type of medical training or education.
The training program must be provided by the U.S. company petitioning for the foreign national. H-3 trainees cannot be placed in positions regularly held by citizens and resident alien workers, and cannot be productively employed except as incidental to their approved training program.
An H-3 visa for a foreign national trainee may be issued for a period of up to two years, except for participants in special education training programs who may be admitted for up to 18 months. If the H-3 visa holder remains in the U.S. for the maximum period of time, he/she may not seek a change or extension of status, or be readmitted to the U.S. in H or L visa status until he/she has resided outside of the U.S. for a period of six months. Spouse and unmarried children under 21 may obtain an H-4 visa to accompany the H-3 principal. They may not work without first obtaining an appropriate visa, but may study without having to obtain a separate F-1 student visa.
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