Introduction
There has never been a better time to study in the US. According to the most recent QS World University rankings published in 2016, five of the ten most prestigious academic institutions in the world are based in the United States. US universities offer a variety of internationally recognized programs across the spectrum of study, from Masters of Business Administration to Doctorates in Medicine.
In our increasingly globalized world, there are clear advantages to obtaining cross-jurisdictional qualifications and experience. However, it is imperative any individual wishing to embark upon a course of study in the US seeks legal advice, to ensure they apply for the correct visa. Unfortunately, student visas are among the most commonly rejected non-immigrant visa applications, due to the ease with which vital information and evidence is overlooked.
F-1 Student Visa (For Academic Students)
In order to qualify for an F-1 Student Visa as an academic student, an applicant must demonstrate the following:
(a) They have been accepted onto an academic course of study.
(b) The academic course of study in question is offered by an established institution of learning or other recognized institution of study in the US.
(c) The applicant possesses sufficient funds to support themselves financially during the course of study.
(d) The applicant is prepared for the course of study.
(e) The applicant has the present intent to leave the United States at the conclusion of his/her studies.
Upon successful attainment of an F-1 Student Visa, a student may be permitted entry to the US for a period of up to 30 days in advance of the course of study, to enable the student in question to make arrangements in preparation for the start of their course (for example, finding suitable accommodation).
An applicant’s spouse, partner or dependent children under the age of 21 may be eligible for derivative visas, if they wish to accompany the applicant in the US throughout the duration of their studies.
M-1 Student Visa (For Vocational Students)
In order to qualify for an M-1 Student Visa as a vocational student, an applicant must demonstrate the following
(a) They have been accepted onto a vocational course of study.
(b) The course of study in question is offered by a recognized institution of study in the US
(c) The applicant possesses sufficient funds to support themselves financially during the course of study
(d) The applicant is prepared for the course of study.
(e) The applicant has the present intent to leave the United States at the conclusion of his/her studies.
If an application for an M-1 Student Visa is successful, the applicant may be permitted to enter the US up to 30 days in advance of their studies, to enable the appropriate pre-course preparation to take place.
The spouse, partner or dependent children of the applicant under the age of 21 may be eligible for derivative visas, to enable them to accompany the applicant during their stay in the US.
J-1 Exchange Visitor Visa
In order to qualify for a J-1 Exchange Visa, the applicant must demonstrate:
(a) The applicant is a scholar, trainee, intern, student or similar.
(b) The applicant has sufficient funds to support themselves throughout the duration of their stay in the US
(c) The applicant has sufficient medical insurance;
(d) The applicant has the requisite level of fluency in the English language.
(e) The applicant has a foreign residence that he/she does not intend to abandon.
Internships
Any form of internship or placement with a US employer requires a visa. Such activities cannot be conducted under the Visa Waiver Program or under a B1/B2 business or tourism visa, even if you will receive no payment in return for your work.
Au-Pair
If you wish to work as an au-pair for one year under an officially approved exchange visitor program with an American host family, you may wish to seek legal advice regarding your eligibility for a J-1 Exchange Visitor Visa.
Two Year Home Rule
It is important to note that an individual cannot be issued with an immigrant fiancé visa, a temporary work visa or an intracompany transferee visa upon expiration of a J-1 Exchange Visitor Visa, until he or she has resided in his home country for a period of two years. It is therefore imperative to take this factor into consideration when considering the merits of applying for a J-1 Exchange Visa.
An individual may be able to apply for a waiver of the “Two Year Home Rule” in limited circumstances, for example, on the ground of hardship. However, any such application would need to be well-prepared and well-judged.
The Application Process
The application process for all three of the above named visas is twofold. Firstly, an applicant is required to complete a lengthy online visa application form. Secondly, the applicant is required to undergo a face-to-face interview at the US Embassy in London. At the end of the interview, the US Embassy will make a decision regarding the visa application.
As noted above, it is vital to seek legal advice prior to making an application for an F-1 Student Visa, an M-1 Student Visa or a J-1 Exchange Visitor Visa. Although the relevant criteria appear straightforward, in practice such applications are fraught with difficulty. It is extremely common, for example, for student visa applications to be declined due to a failure by the applicant to demonstrate a present intent to return home at the conclusion of their course of study.
At Davies Legal, we have extensive experience of assisting applicants in a broad range of student and exchange visitor visa applications. We are therefore aware of the common pitfalls faced by applicants and are in a position to ensure you present a thorough application, supported by all necessary evidence, to maximize your chances of success. Call now for advice on how we can facilitate your career aspirations and support you in your quest to achieve your true potential.
