12/26/2023
USCIS issued a policy guidance regarding the F and M student nonimmigrant classifications, it includes the agency’s role approving applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.
The guidance consolidates existing policy and it will provide clarity to international students and U.S. educational institutions which include eligibility requirements, school transfers, practical training, and on-and off- campus employment. It clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa=green card petition and May still be able to demonstrate their intention to depart after a temporary period of stay.
Additionally, the guidance specified how F students seeking an extension of optional practical training (OPT) based on their degree in science, technology, engineering, and mathematics (STEM) field may be employed by startup companies, as long as the employer adheres to the training plan requirements, remain in good standing with E-Verify, and provides compensation commensurate to that provided to similarky situated U.S. workers, among other requirements.
The (F-1) nonimmigrant classification allows a noncitizen to enter the United States as a full- time student at a college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in any language training program. The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized non academic programs, other than language training programs.
Please be advised that these nonimmigrant vida classification can be easily obtained directly from the educational institutions with no fee for their services.
