USA Revises F-1 and M-1 Regulations to Ease Visa for International Students
In good news for international students, the Department of State announced before the holiday break that consular offices would have more flexibility in determining non-immigrant intent for F-1 and M-1 student visa applicants.
Current rules require international students applying for these visas to show “non-immigrant intent” by demonstrating that they plan to return home when they are done with their program of study. The updated guidance states that consular officers should focus on the student’s immediate intent and “keep in mind that the applicant’s intent is to be adjudicated based on present intent—not on contingencies of what might happen in the future, after a lengthy period of study in the United States.”
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This guidance essentially returns the State Department to the previous guidance established by the “Rice cable,” which allows for flexibility in determining non-immigrant intent for student visas.
ACE encouraged Secretary of State Antony Blinken to restore the guidance in a January 2021 community letter, writing that “you can deliver a welcoming message to current and prospective international students, which can do much to restore the U.S. as a destination of choice, as well as supporting an important economic activity as the U.S. economy recovers from the COVID-19 pandemic.
What is the difference between F-1 and M-1 Visa
Both visa categories for International Students only but F-1 and M-1 little small changes that students must be known.
F-1 M-1
| 1. Are in an academic program, often with a core academic curriculum. | Are in a vocational program, typically without a core academic curriculum. |
| 2. Are eligible for annual vacation. | Are not eligible for annual vacation. |
| 3. Can change their major or program of study. |
Cannot change their major or program of study |
| 4.Can transfer anytime during their program or begin a new program after completing one. |
Can only transfer in the first six months after arrival and must apply to U.S. Citizenship and Immigration Services for transfer by filing Form I-539, “Application to Extend/Change Nonimmigrant Status.” |
| 5. Can work during and after their program of study, with permission. |
Can only work after their program of study ends and with permission. |
| 6. Can participate in up to four types of work including, on-campus, off-campus for economic hardship, curricular practical training (CPT) and optional practical training (OPT) |
Can participate in one type of work, practical training (PT), one month for every four months of their program. |
| 7. Can remain in the United States for the duration of their program of study |
Can only remain in the United States for up to one year unless they apply for an extension. |
| 8. Can stay in the United States for up to 60 days after their program or OPT end date. |
Can stay in the United States for up to 30 days after their program or PT end date. |
For more information visit StudyintheStates.dhs.gov/Maintaining-Your-Status
