Who
is Allowed to Study in the United States?
A nonimmigrant is someone who temporarily comes to the
United States for a specific purpose. People who wish
to pursue full-time academic or vocational studies are
usually admitted to the United States in one of two
nonimmigrant categories. The M-1 category includes
students in vocational or other nonacademic programs,
other than language training. The F-1 category
includes academic students and students in language
training programs. For more information on academic
studies in the United States, please see How
Do I Get Become an Academic Student in the United
States?. If you are planning to study in the
United States as an exchange visitor, please see the Department
of State, Bureau of Consular Affairs and the Department
of State Websites, as well as the Code of Federal
Regulations [CFR] at 8
CFR 214.2, 212.7
and 22
CFR 514.
What
Does the Law Say?
The Immigration and Nationality Act
(INA) governs the admission of all people to the
United States. For the part of this law concerning
temporary admissions to the United States, please see INA
§ 214. The specific eligibility requirements and
procedures for applying for vocational student status
are included in the Code of Federal Regulations [CFR]
at 8
CFR § 214.2(m).
How
Do I Apply?
- How Do I Apply if I am Outside of the
United States?You first must apply to
study at a USCIS-approved school in the United
States. When you contact a school that you are
interested in attending, you should be told
immediately if the school accepts foreign national
students. If you are accepted, the school should
send you USCIS Form I-20 M-N/ID (Certificate of
Eligibility for Nonimmigrant (M-1) Student Status
- For Vocational Students). If you require a visa,
then you should take the USCIS Form I-20 to the
nearest U.S. consulate to obtain a student visa.
Only bring the USCIS Form I-20 from the school you
plan on attending for visa processing at the
U.S. consulate. You must also prove to the
consulate that you have the financial resources
required for your education and stay in the United
States. Please see the State
Department Website for more information on
visa processing.
When you arrive in the United States, you should
receive a Form I-94 (Arrival-Departure Record)
that will include your admission number to the
United States. An Immigration inspector will write
this admission number on your Form I-20 M-N/ID.
The Inspector will then take pages one and two of
this form, known as I-20 M-N. The USCIS will
receive the first page (I-20M) and your school
will receive the second page (I-20 N) as a record
of your legal admission to the United States. You
are expected to keep pages three and four, known
as the I-20 ID. This document is your proof that
you are allowed to study at the indicated
institution in the United States. You should see a
school representative if you need a replacement
copy of your I-20 ID. You should also keep safe
your Form I-94, because it proves that you legally
entered the United States.
- How Can I Change My Nonimmigrant Status
to Become a Student if I Am Already in the United
States? You first must apply to study at
a USCIS-approved school in the United States. When
you contact a school that you are interested in
attending, you should be told immediately if the
school accepts foreign national students. If you
are accepted, the school should send you USCIS
Form I-20 M-N/ID (Certificate of Eligibility for
Nonimmigrant (M-1) Student Status - For Vocational
Students). You must submit this form, your I-94
(Arrival-Departure Record), and a completed USCIS
Form I-539 (Application to Extend/Change
Nonimmigrant Status) to the USCIS. You must
also prove that you have the financial resources
required for your education and stay in the United
States. For more information, please see How
Do I Get Permission to Change to a New
Nonimmigrant Status?
- How Do I Apply for Permission to
Transfer Schools? You must file USCIS
Form I-539 (Application to Extend/Change
Nonimmigrant Status) with the USCIS. You
should also submit your current USCIS Form I-20 ID
(Certificate of Eligibility for Nonimmigrant (M-1)
Student Status - For Vocational Students), a
complete USCIS Form I-20 M-N/ID from your new
school, and the Form I-94 (Arrival-Departure
Documents) of your spouse and children. You may
transfer sixty days after filing this application.
However, if your application is denied after
you transfer, you will be considered to be out of
status. This means you may be required to leave
the country.
Please note: To be eligible to transfer
to another school, you must currently be a
full-time student, and you must intend to be a
full-time student at the new school. You must also
prove that you have the financial resources
required for your education and stay in the United
States. In addition, you may only transfer to
another school within the first six months from
the date you were admitted to the United States to
begin your studies or from the date you changed
your nonimmigrant status to become an M-1 student.
You are not allowed to change your educational
objective.
- Can I Bring My Spouse and Children with
Me to the United States? Your spouse and
unmarried children under 21 years of age may come
with you to the United States in M-2 nonimmigrant
status. They should go with you to the U.S.
embassy or consulate when you apply for your
student (M-1) visa. They should be prepared to
prove their relationship to you. If your spouse or
children are following to join you at a later
date, they should provide the U.S. embassy staff
with a copy of your USCIS Form I-20 ID and proof
of their relationship to you. The M-2 status of
your family will be dependent upon your status as
the M-1 vocational student. This means that if you
change your status, your family must change their
status as well. If you lose your status, your
family will also lose their status. (For more
information on changing status, please see How
Do I Get Permission to Change to a New
Nonimmigrant Status?
How Long Can I Stay
in the United States?
You are allowed to stay in the United
States for one year or for as long as you are
enrolled as a full-time student in a vocational
program (plus thirty days to prepare to leave the
country), whichever is shorter. You should be allowed
to stay in the United States 30 days beyond the
departure date on your Form I-94 (Arrival-Departure
Record) and USCIS Form I-20 ID (Certificate of
Eligibility for Nonimmigrant (M-1) Student Status -
For Vocational Students), as long as your stay does
not exceed one year.
You may also apply to stay in the country after the
completion of your studies to pursue practical
training. If approved, you will be allowed to have one
month of practical training for every four months of
study you completed. You will be limited to six months
total practical training time. Your designated school
official (DSO) is able to assist you in the
application process.
How Can I Extend My
Stay as a Student in the United States?
You should apply to extend your stay in
the United States if your studies will take longer
than the date listed on your I-20 ID or your
vocational program lasts longer than a year. You
should complete USCIS
Form I-539 (Application to Extend/Change Nonimmigrant
Status) and send it to USCIS at least 15 (but not
more than 60) days before your authorized stay in the
country expires. You should also submit your USCIS
Form I-20 ID to the USCIS at the same time. For more
information, please see How
Do I Extend My Stay in the United States?.
Will I Be Able to
Work?
You and your spouse and children may not
accept employment. However, you may apply for
practical training after you complete your studies. If
approved, you will be allowed to have one month of
practical training for every four months of study you
have completed. You will be limited to six months
total practical training time.
You should submit USCIS Form 538 (Certification By
Designated School Official) to the USCIS. Your school
official should certify on USCIS Form I-538 that 1)
the proposed employment is for the purpose of
practical training; 2) the training will be related to
your studies; and 3) you can not receive the same type
of training in your country of residence. You must
also submit USCIS
Form I-765 (Application for Employment Authorization),
and your I-20 ID, signed by the designated school
official (DSO). You should send your application to
USCIS no more than 60 days before your
student status expires and no later than 30
days after your studies are completed. For more
information, please see the rules about practical
training at 8
CFR § 214.2(m). You may also wish to discuss
practical training with the appropriate officials at
your school.
Can I Travel
Outside of the United States?
Students may leave the United States and
be readmitted after temporary absences. When making
your travel plans, please remember that you must be a
full-time student to keep your M-1 student status.
Upon your return to the United States, you should
provide immigration inspectors with:
- A valid passport.
- A valid M-1 entry visa stamped in the passport
(if necessary).
- A current USCIS Form I-20 ID signed by your
designated school official (you should have the
designated school official sign your USCIS Form
I-20 each time you wish to temporarily travel
outside the United States).
- A new USCIS Form I-20 M-N/ID if there have been
any substantive changes in your course of study or
place of study.
- Proof of your financial support.
How Can I Get USCIS
Forms?
Your should be able to pick up
immigration-related forms from your designated school
official (DSO). Only your designated school official
(DSO) can give you a USCIS Form I-20 (Certificate of
Eligibility for Nonimmigrant (F-1) Student Status -
for Vocational Students) or a USCIS Form I-538
(Certification By Designated School Official). If you
need other immigration forms, you may call
1-800-870-3676, or submit a request through our forms
by mail system. For further information on filing
fees, please see USCIS
filing fees, fee
waiver request procedures, and the USCIS
fee waiver policy memo.
Can Anyone Help Me?
Your school will have a designated
school official (DSO) to help you with immigration
issues. Please note that you (the M-1 student) are
solely responsible for following U.S. immigration
laws.
|