There are many kinds of visas -- which type you apply for depends on the reason for your visit to the United States. The three categories discussed here are the visa types most commonly applied for by our clients.

Student visas (F-1)

Where can I study with a student visa?

F-1 visa applicants must be accepted at a school, college, or university that has been approved by the United States Citizenship and Immigration Service (USCIS). Under very limited circumstances, it is also possible to obtain F-1 visas to study at public primary and secondary schools.

The student visa application process

After acceptance at a U.S. school, schools will send applicants form I-20s, which applicants must use to apply for the F-1 visa at the U.S. consulate in the country where they currently reside. F-1 visa applicants must demonstrate the following:

• Demonstrate financial independence

Applicants must show that they have the money to pay for their first year of study and that they have dependable financial resources for the duration of the planned study program in the U.S. One common method of demonstrating financial independence is an Affidavit of Support, in which an immediate family member ensures that he or she accepts financial responsibility for the cost of the F-1 applicants' studies and living expenses in the U.S. If applicants are personally capable of paying for their own studies, an Affidavit of Support is not necessary, but they will need to present a bank statement or other financial proof to the consulate.

• Demonstrate intention of temporary stay

Applicants must also present evidence of strong ties to their home countries, such as close family members who are staying at home, a high-paying job in the home country, or any property or businesses that will oblige return.

Can I bring my family to the United States while I'm studying?

F-1 students may bring their spouses and unmarried children under the age of 21 with them to the United States on F-2 visas. In order for family members to obtain F-2 status, F-1 students must present evidence of sufficient financial resources to support their family members during their stay because they will be ineligible to work in the United States. In many developing countries, it is difficult to obtain F-2 visas because USCIS believes that it is more likely that students will attempt to stay in the United States if their family members are also in the country.

Can I work with an F-1 visa?

As discussed above, applicants must prove themselves financially independent in order to obtain an F-1 visa. However, in certain circumstances F-1 students may be eligible to work up to 20 hours per week on the school campus or be allowed to participate in off-campus training programs and internships, assuming that the training is a degree requirement or part of the general curriculum of the selected course of study. A designated school official must authorize both on-campus and off-campus employment assignments. 

Other types of employment require a work authorization document from USCIS in addition to the approval of a school official. F-1 students can work off-campus in a field related to their studies for up to 20 hours per week while school is in session. They can also work full-time during vacations and recess periods. However, USCIS will deduct the time worked from the one year of practical training allowed after school completion.   

Also, in the case that an unforeseen circumstance places F-1 students in a situation of economic hardship, they may be eligible to work at a job of their choosing for up to 20 hours while school is in session and full time during vacation periods. In addition to providing evidence of the change in economic status, F-1 students must be in good academic standing and apply for work authorization from USCIS.

Further sources of information on student visas

USCIS - Students

SEVIS - Student and Exchange Visitor Information System

Temporary work visas

The work visa application process

Like the student visa, a temporary worker visa requires sponsorship by a U.S. institution (in this case, an employer). To begin the application process, either the emploYer or the individual seeking a visa must submit a non-immigrant worker petition to USCIS. This application can be filed between 6 months and 45 days before the proposed first day of employment. Once the petition is approved, the individual must apply for a visa through his or her U.S. consulate (in his or her home country).

How long can I stay in the U.S. on a work visa?

Upon approval, the applicant is permitted to live and work in the U.S. for the period of time allotted to that type of visa. These initial periods of stay are between 1 and 5 years and most can be extended in increments of 1 to 3 years, depending on the kind of visa. Some work visas can be extended indefinitely (no limit on the number of extensions).

Can I bring my family with me on my work visa?

Whether a visa holder can bring his or her family to the U.S. depends on the type of visa. Many work visas allow for the worker's spouses and unmarried children under the age of 21 to enter the U.S. on the visa, but it is best to consult with an attorney before assuming this provision.

Further sources of information

USCIS-Temporary workers

Fiancee and spouse visas

This visa allows your spouse or fiancee to travel to the U.S., either before an adjustment of status application has been filed or before the marriage has taken place, respectively. If the marriage occurred outside the U.S., the spouse visa application (I-129) must be filed along with a relative petition (I-130) at the U.S. consulate in the country where the marriage took place. If you plan to marry in the U.S. and are applying for a fiancee visa (I-129F), the petitioner (U.S. citizen) should apply on behalf of his or her fiancee (the beneficiary) with USCIS. Once USCIS send this application to the U.S. consulate in the fiancee's country, he or she must also apply for a fiancee visa with his or her consulate.

Our staff has experience with visa applications and understands the differences between types of visas and their application processes. We can assist with student and work visa applications, employment authorization applications, and immigration issues related to employment after graduation. Please contact us today to schedule a consultation.

Nonimmigrant Visa for Alien of Extraordinary Ability (O-1)

A person traveling to the U.S. with an offer of employment  is eligible to file an I-129, Petition for Nonimmigrant Worker, for him or herself if he or she can demonstrate “extraordinary ability” in sciences, arts, education, business, or athletics. This can be based on:

A. Receipt of a Nobel Prize-caliber award, or

B. Documentation showing extraordinary ability in your field, including awards, prizes,   publications, participation in panels or associations, media coverage and/or affidavits.

You must also show proof of an existing job offer in your area of expertise. Once the petition is approved, an O-1 visa may be approved for a period of stay up to 3 years.

The content of this website is meant only to acquaint you with general information about immigration.This information is not legal advice and is not a substitute for having a consultation with an attorney. If you have additional questions or would like to schedule a consultation, please contact us.