Student Visas

Written by: Roberto Santiago-Garcia, Lex Tecnica Law Clerk

UNDERSTANDING THE F-1 STUDENT VISA: A GENERAL OVERVIEW

This blog post provides a general overview of the F-1 student visa, including admission requirements, maintenance of status, work authorization, and post-graduation immigration options.

During the 2023-2024 academic year, more than one million international students attended US higher education institutions and contributed over $50 billion to the US economy. [1] The Immigration and Nationality Act governs the student-visa process. [2]

The Immigration and Nationality Act divides foreign nationals into two broad categories: immigrant and nonimmigrant. [3] Immigrants are people admitted or seeking admission to the United States for an indefinite (permanent) period of time. [4] Permanent residents (persons with "green cards") are immigrants. [5] Immigrant visas are generally more difficult to obtain because most require either a family or an employment-based relationship. A nonimmigrant is a person who seeks entry to the United States for a specific purpose to be accomplished during a temporary stay. [6] A nonimmigrant must maintain a foreign permanent residence and qualify for the nonimmigrant classification. [7]

The US immigration system has four main categories of immigrants: family-sponsored immigrants, employment-based immigrants, diversity immigrants, and humanitarian admissions. [8] Immigration law presumes that every foreign national seeking entry to the United States intends to remain in the country permanently. [9] The applicant must overcome that presumption by proving nonimmigrant intent before receiving approval. [10]

A "visa" is an official endorsement on a passport, showing that it has been examined and that the bearer is permitted to travel to the United States, but it is not a guarantee of admission. [11] The United States offers three types of student visas: M-1, J-1, and F-1. [12] The M-1 visa is available only to students attending non-academic vocational schools. [13] The J-1 visa is available to students sponsored by an exchange program. [14] The F-1 visa is less restrictive than the M-1 and J-1 [15] and is the most used visa for higher education. [16]

To qualify for an F-1 visa, an applicant must demonstrate nonimmigrant intent, pursue a full course of study at an accredited institution, and attend an Immigration and Customs Enforcement (ICE)-authorized school. [17] Once admitted, an F-1 visa student is responsible for maintaining their status and abiding by the conditions of Title 8 of the Code of Federal Regulations Section 214.2(f). [18] F-1 students maintain status by pursuing a full course of study as defined by the program of study, avoiding unauthorized employment, and keeping an updated I-20 form with current personal and academic information. [19] [20] The school's Designated School Official manages the F-1 visa program and reports the student's status through the Student and Exchange Visitor Information System (SEVIS). [21] A student's "duration of status" includes the time necessary to complete their program of study and any associated practical training, as defined by their institution, along with an additional sixty-day grace period. [22]

F-1 visa holders may apply for the Curricular Practical Training ("CPT") program or the Optional Practical Training ("OPT") program. [23] CPT allows students to complete internships or other work experience tied to their degree program for academic credit over the course of their degree program. [24] OPT authorization requires the student's job be directly related to the student's degree and terminates if the student transfers schools or begins pursuing a different degree program. [25] OPT is most used after a student completes their degree but can be used during the degree so long as the student's work does not exceed twenty hours per week. [26] Students may apply for twelve months of OPT with an option to extend their time by twenty-four months if they hold a STEM degree. [27] Students that engage in more than one year of full-time work under the CPT program are ineligible for OPT. [28]

The F-1 visa lacks a provision allowing for "immigrant intent." International students who wish to permanently stay in the United States must first transition to a different nonimmigrant category that allows for dual intent. [29] Dual intent refers to the intent to pursue permanent resident and non-immigrant status simultaneously. [30] Family-sponsored immigration is a common route for many because it is not subject to annual numerical limits or backlog. [31] In 2024, 60% of lawful permanent residents in the United States were admitted on a familial basis — 40% were immediate relatives of US citizens, and 20% were family sponsored. [32] The immediate relative category includes spouses, children, and parents of US citizens where the US citizen is over twenty-one years old. [33]

Another route is the H-1B visa. The H-1B visa is a nonimmigrant visa for temporary "specialty occupation" workers. [34] Employers that hire students for OPT may decide to sponsor those students for H-1B visas. To qualify, the offered position must require specialized knowledge, and the worker's degree must be directly related to the job duties, although a range of related degree fields may still satisfy the requirement. [35] If approved and if their employer is willing to petition for them, students have the option of applying for an employment-based immigration category. [36]

Effective February 27, 2026, the Department of Homeland Security issued a new rule that will generally favor the allocation of H-1B visas to higher-skilled and higher-paid individuals. [37] Under the new rule, United States Citizenship and Immigration Services compares the offered wage to the government wage level for the occupation and location, then gives higher wage levels additional entries in the selection process. [38] The US grants H-1B visas through a lottery system with an annual limit of 65,000. With vastly more demand than availability, transitioning from an F-1 visa to an H-1B visa is far from certain. [39]

This article has been reviewed and approved for legal accuracy by Tamaryn Da Ponte, Esq. It is intended for informational purposes only and does not constitute legal advice.

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NOTES

[1] See United States Hosts More Than 1.1 Million International Students at Higher Education Institutions, Reaching All-Time High, IIE (Nov. 18, 2024), https://www.iie.org/news/us-hosts-more-than-1-1-million-intl-students-at-higher-education-institutions-all-time-high/

[2] Jeanette Subkhanberdina, Visa to Stay: Immigration Reform for International Students in the United States: From Contractual Limits to Affiliation-Based Opportunities, 50 Brook. J. Int'l L. 206 (2025).

[3] 3 James A. Rapp, Education Law § 8.04, "Foreign, Exchange, and Undocumented Students" (2026).

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Visa to Stay, Supra Note 2.

[9] Id.

[10] Id.

[11] Education Law, Supra Note 3.

[12] Visa to Stay, Supra Note 2.

[13] 8 U.S.C. §§ 1101(a)(15)(M)(i).

[14] 8 U.S.C. §§ 1101(a)(15)(J)(i).

[15] 8 U.S.C. §§ 1101(a)(15)(F)(i).

[16] Visa to Stay, Supra Note 2.

[17] 8 U.S.C. §§ 1101(a)(15)(F)(i).

[18] 8 CFR § 214.2(f).

[19] Id.

[20] Maintaining Status, Study in the States, U.S. Dep't of Homeland Sec., https://studyinthestates.dhs.gov/students/maintaining-status

[21] See Student and Exchange Visitor Program, U.S. Immigr. & Customs Enf't, https://www.ice.gov/sevis

[22] 8 C.F.R. § 214.2(f)(5).

[23] Visa to Stay, Supra Note 2.

[24] 8 C.F.R. § 214.2(f)(10)(i).

[25] 8 C.F.R. §§ 214.2(f)(10)(ii).

[26] Id.

[27] Id.

[28] Id.

[29] Visa to Stay, Supra Note 2.

[30] INA § 214(b), 8 U.S.C. § 1184(b).

[31] Id.

[32] Sarah Miller, Off. of Homeland Sec. Stats., U.S. Dep't of Homeland Sec., Estimates of the Lawful Permanent Resident Population in the United States and the Subpopulation Eligible to Naturalize: 2024 and Revised 2023 tbl.7 (2024). https://ohss.dhs.gov/sites/default/files/2024-11/2024_1108_ohss_lawful_permenent_resident_population_estimate_2024_and_revised_2023.pdf

[33] Visa to Stay, Supra Note 2.

[34] Id.

[35] 8 C.F.R. § 214.2(h)(1).

[36] Id.

[37] Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, 90 Fed. Reg. 60,864 (Dec. 29, 2025) (to be codified at 8 C.F.R. pt. 214), https://www.federalregister.gov/documents/2025/12/29/2025-23853/weighted-selection-process-for-registrants-and-petitioners-seeking-to-file-cap-subject-h-1b

[38] Id.

[39] Visa to Stay, Supra Note 2.