Student Immigration
Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Foreign students in the United States primarily use the F-1 visa for academic programs or the M-1 visa for vocational programs. The J-1 visa covers exchange visitors including students, researchers, and interns. The F-1 visa is by far the most common, with over 1 million active F-1 students in the U.S. at any given time.
F-1 students can work in the U.S. through Curricular Practical Training (CPT) during their studies and Optional Practical Training (OPT) after graduation. OPT provides 12 months of work authorization, with an additional 24-month STEM extension available for graduates in designated STEM fields. These work options are critical post-graduation pathways and often serve as stepping stones to longer-term work visas like the H-1B.
When does it apply?
This applies when:
- You have been accepted to a U.S. school or university and need a student visa
- You are an F-1 student wanting to work on or off campus
- You are graduating and want to work in the U.S. through OPT
- You are a STEM graduate eligible for the 24-month OPT extension
- You want to transition from student status to a work visa or green card
Key programs and limits:
- F-1 Visa: For full-time academic students at accredited universities, colleges, or language programs. Must maintain full course load and valid SEVIS record. I-20 issued by the school. SEVIS fee: $350. Visa application fee (DS-160): $185.
- On-Campus Employment: F-1 students can work up to 20 hours per week on campus during the school year and full-time during breaks. No special authorization needed beyond valid F-1 status.
- CPT (Curricular Practical Training): Off-campus work that is part of the curriculum (internships, co-ops). Must be authorized by the school's Designated School Official (DSO). Available after one academic year in F-1 status. 12+ months of full-time CPT eliminates OPT eligibility.
- OPT (Optional Practical Training): 12 months of work authorization in your field of study. Apply by filing Form I-765 with USCIS ($410 fee). Must apply within 60 days of graduation. Processing time: 3 to 5 months.
- STEM OPT Extension: Additional 24 months for graduates in STEM fields (total 36 months OPT). Employer must be enrolled in E-Verify. Requires Form I-983 training plan.
What should you do?
Step 1: After being admitted to a SEVP-certified school, receive your Form I-20 from the school's DSO. Pay the SEVIS I-901 fee ($350) at fmjfee.com.
Step 2: Apply for the F-1 visa at a U.S. consulate. Complete Form DS-160 online, pay the $185 application fee, and schedule an interview. Bring your I-20, SEVIS fee receipt, financial documentation proving you can cover tuition and living expenses, and evidence of ties to your home country.
Step 3: Maintain your F-1 status by enrolling full-time each semester, keeping your SEVIS record active, and reporting any address changes to your DSO within 10 days.
Step 4: For OPT, apply early. File Form I-765 with USCIS up to 90 days before graduation but no later than 60 days after. Include the $410 fee, a copy of your I-20 with OPT recommendation from your DSO, passport photos, and copies of your I-94 and previous EADs.
Step 5: For the STEM OPT extension, apply up to 90 days before your initial OPT expires. You need a new I-20, Form I-983 (Training Plan) signed by your employer, and your employer must be enrolled in E-Verify.
Step 6: Plan your transition. If you want to stay long-term, start the H-1B process with your employer during OPT. H-1B cap registration typically opens in March. You can also explore other pathways like O-1 or employer-sponsored green cards.
What should you NOT do?
Don't work off campus without authorization. Unauthorized employment is a serious F-1 violation that can result in SEVIS termination and loss of student status. On-campus work is allowed, but off-campus work requires CPT, OPT, or severe economic hardship authorization.
Don't let your SEVIS record lapse. If you drop below full-time enrollment, fail to register for classes, or take unauthorized leave, your SEVIS record can be terminated, ending your legal status. Talk to your DSO before making any changes to your enrollment.
Don't use more than 12 months of full-time CPT. Under 8 C.F.R. section 214.2(f)(10)(i), using 12 months or more of full-time CPT makes you ineligible for OPT after graduation. Part-time CPT does not count toward this limit.
Don't miss the OPT application window. You must apply before 60 days after your program end date. Late applications are denied. Processing takes months, so apply as early as possible (up to 90 days before graduation).
Don't accumulate more than 90 days of unemployment on OPT (or 150 days on STEM OPT). Exceeding the unemployment limit is a status violation. Track your days carefully and report employment to your DSO through the SEVP portal.
Common Questions
When does student immigration apply?
This applies when:You have been accepted to a U.S. school or university and need a student visaYou are an F-1 student wanting to work on or off campusYou are graduating and want to work in the U.S. through OPTYou are a STEM graduate eligible for the 24-month OPT extensionYou want to transition from student status to a work visa or green cardKey programs and limits:F-1 Visa: For full-time academic students at accredited universities, colleges, or language programs. Must maintain full course load and valid SEVIS record. I-20 issued by the school. SEVIS fee: $350. Visa application fee (DS-160): $...
What should I do about student immigration?
Step 1: After being admitted to a SEVP-certified school, receive your Form I-20 from the school's DSO. Pay the SEVIS I-901 fee ($350) at fmjfee.com.Step 2: Apply for the F-1 visa at a U.S. consulate. Complete Form DS-160 online, pay the $185 application fee, and schedule an interview. Bring your I-20, SEVIS fee receipt, financial documentation proving you can cover tuition and living expenses, and evidence of ties to your home country.Step 3: Maintain your F-1 status by enrolling full-time each semester, keeping your SEVIS record active, and reporting any address changes to your DSO within 10...
What mistakes should I avoid with student immigration?
Don't work off campus without authorization. Unauthorized employment is a serious F-1 violation that can result in SEVIS termination and loss of student status. On-campus work is allowed, but off-campus work requires CPT, OPT, or severe economic hardship authorization.Don't let your SEVIS record lapse. If you drop below full-time enrollment, fail to register for classes, or take unauthorized leave, your SEVIS record can be terminated, ending your legal status. Talk to your DSO before making any changes to your enrollment.Don't use more than 12 months of full-time CPT. Under 8 C.F.R. section 21...
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