USCIS Issues New Policy Guidance for F and M Visa Holders

International students seeking to study, work, and extend their stay in the US have a valuable new resource: updated policy guidance from U.S. Citizenship and Immigration Services (USCIS).

The guidance encompasses the agency’s pivotal role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for students and their dependents in the United States.

Policy Guidance for International Students

USCIS expects that this will provide welcome clarity to international students and U.S. educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment.

1. Clarifications for F and M Students

One noteworthy clarification in the guidance pertains to the requirement for F and M students to maintain a foreign residence they do not intend to abandon.

However, it acknowledges that these students can be beneficiaries of a permanent labour certification application or immigrant visa petition while demonstrating the intention to depart after a temporary period of stay.

2. Provisions for STEM-OPT Extensions

Moreover, the guidance outlines specific provisions for F students seeking an extension of optional practical training (OPT) based on their STEM degrees.

It permits employment with startup companies, contingent on adherence to training plan requirements, good standing with E-Verify, and providing compensation comparable to that of similarly situated U.S. workers, among other criteria.

3. Understanding Nonimmigrant Classifications

The nonimmigrant academic student (F-1) classification enables noncitizens to enter the U.S. as full-time students in various academic institutions, including colleges, universities, seminaries, conservatories, and language training programs.

The nonimmigrant vocational student (M-1) classification encompasses students in recognized nonacademic programs, excluding language training.

Also Read: H-1B Visa Renewal: Unveiling Eligibility, Process, Fees and Start Date – travelobiz

Other Regulations

Apart from these, the comprehensive document shared by the USCIS also clarifies regulations and procedures for F and M visa holders, addressing key topics like:

• Change of status and extensions: The document guides students through changing visa categories or extending their stay in the US.
• School transfers: Clear procedures are outlined for transferring between academic institutions while maintaining your student visa status.

Where to Find More Information

For additional details on the USCIS guidance, interested parties are directed to the Policy Alert and Volume 2, Part F of the Policy Manual. Further information about the role of U.S. Immigration and Customs Enforcement (ICE) in administering these nonimmigrant student programs can be found in the Student and Exchange Visitor Program (SEVIS).

The USCIS anticipates that this comprehensive guidance will offer much-needed clarity and support to international students and educational institutions navigating the intricacies of F and M student nonimmigrant classifications in the United States.