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Studying in the United States: F and M

Description and Qualifications
The United States welcomes foreign citizens who come to study. Most of those who wish to study in the United States will seek an F-1 student visa, but there are other visa types that are sometimes used. A short description of the two types of student visas:

F-1: This visa is the most common for those who wish to engage in academic studies in the United States. It is for those who want to study at an accredited U.S. college or university. If you are going to the United States to study and your course of study is more than 18 hours a week, you will need an F-1 or M-1 visa.

Note: You do not need a student visa to attend recreational schools such as tennis or golf camps. If you are traveling to the United States for tourism, but will incidentally attend school less than 18 hours per week (less than 12 for universities), a B-1/B-2 visa may be used in lieu of an F visa.

M-1: This visa is for those who will be engaged in non-academic or vocational study or training at a U.S. institution. If you are traveling to the United States for tourism, but will incidentally attend school less than 18 hours per week, a B-1/B-2 visa may be used in lieu of a M visa.

More information about these visas, and opportunities for studying in the United States can be found at http://www.educationusa.state.gov/usvisa.htm


Other Information

Student Assistance, Finding a U.S. School

Students who hope to enroll in an American educational institution are encouraged to contact and visit the Malaysian-American Commission on Educational Exchange (MACEE). MACEE's student advising service is free, and its staff gives expert advice on admission requirements, curriculum, costs, scholarships and every aspect of enrollment and student life. MACEE can also help you complete your EVAF and assist you with the payment of certain fees. Contact MACEE at 03-2166 8878 or visit them at their downtown location at 18th Floor, Menara Yayasan Tun Razak, 200 Jalan Bukit Bintang, 50200, Kuala Lumpur.
www.macee.org.my

Dependents
Spouses and/or unmarried children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative F or M visas. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas. Spouses and dependents may not work in the United States on a derivative F or M visa. If seeking employment, the appropriate work visa will be required.

U.S. Public School
U.S. law does not permit foreign students to attend public elementary school (kindergarten to 8th grade) or a publicly funded adult education program. Hence, F-1 visas cannot be issued for study at such schools. However, a F-1 visa can be issued for attendance at a public secondary school (grades 9 to 12), but the student is limited to a maximum of 12 months at the school and parents required to reimburse the public school for the full, unsubsidized per capita cost of education for the intended period of study.

F-1 Legal Requirements

Note: This law does not pertain to holders of J, F-2, H-4, L-2, or any other non-immigrant visa status permitting elementary or secondary school attendance.

Optional Practical Training (OPT)
Per 9 FAM 41.61 note 12.4-2, students are eligible for up to 12 months of optional practical training following completion of all course requirements for graduation (not including thesis or equivalent), or after completion of all requirements, OPT is separate from a student's academic work, and time for OPT will not normally be reflected during the student's academic program or in the completed study date. Students applying for a F visa to do OPT may present an I-20 with an original end of study date that may have passed. However, these I-20s must be annotated by the designated school official to reflect approval of an OPT program that extends beyond the end of the regular period of study. In addition, the student must have proof of DHS receipt of application or approval for a practical training program, either in the form of an approved Employment Authorization Card or an I-797 indicating that s/he has applied for DHS approval for an OPT program.

Validity of Student Visas After a Break in Studies
There are two circumstances in which a student's visa is automatically invalidated after a break in studies longer than five months.

Students who are not studying but remain in the United States: An individual admitted in F-1 or M-1 status to study in the United States who is transferring between schools or programs is no longer regarded to be in student status if classes are not resumed within 5 months of the date of transferring out of the previous school or within 5 months of the date of the program completion, whichever is applicable. In order for such a student to restore lawful status, s/he must apply for reinstatement of student status with USCIS, which has the option to approve or deny reinstatement of student status. A student may pursue studies while reinstatement is pending.

Students who depart the United States while in valid student status: When a student has been out of the United States for more than 5 months, the student's F-1 or M-1 visa is considered to be invalid based on U.S. immigration law. After an absence of more than 5 months, a foreign national is no longer admissible at a U.S. port-of-entry as a continuing student. Such a student's visa is subject to cancellation and should not be used. In such cases, a student who wishes to resume study in the United States must obtain a new student visa.

Students who have the approval of their schools to take an extended break from study must have their SEVIS record terminated for Authorized Withdrawal. When the student is ready to resume study, the school will issue the student a new initial Form I-20 with a new SEVIS number. These students must also pay the SEVIS fee.

Some students depart the United States for extended periods of time for activities related to their course of study, such as field research. Schools are expected to maintain those students in an active SEVIS status. Since these students continue to maintain their student status while overseas, their F-1 visas are not considered invalid after an absence of more than 5 months.


Application Items

Applicants must demonstrate strong financial, social, and family ties abroad that will compel them to return after the program of study.

Documents Required:
All required documents for any non-immigrant visa plus:

  • Approved I-20 from your U.S. school or program (Is the data on your I-20 correct?); and
  • I-901 SEVIS fee receipt.

Sevis Information

Supporting Documents:

  • Financial and any other documents you believe will support your application: Finances: credible evidence that you have enough readily available funds to meet all expenses for the first year of study and that you have access to funds sufficient to cover all expenses while you remain in the United States.

  • No Photocopies of bank statements will be accepted unless you can also show original copies of bank statements, or original bank books.

    Documents frequently presented are: proof of your relationship to the sponsor (such as your birth certificate), the sponsor's most recent, original tax forms, and the sponsor's bankbooks and/or fixed deposit certificates. Full-time students on F visas may seek on-campus employment not to exceed 20 hours per week.

    Note: Unlike F-1 visa applicants, M-1 applicants must demonstrate the ability to pay all tuition and living costs for the entire period of their intended stay and cannot work while in M visa status.

  • Academics: Documents that show scholastic preparation. Useful documents include school transcripts (original copies are preferable) with grades, public examination certificates (A-levels, etc.), standardized test scores (SAT, TOEFL, etc.), and diplomas.

Dependents:
All required documents for any non-immigrant visa plus:

  1. For each dependent: An approved I-20 from the principal applicant's U.S. school or program with the dependent's name included;
  2. Original marriage (spouse) and/or birth certificates (unmarried children under 21) as applicable; and
  3. If not applying at the same time as the principal applicant: A copy of the principal applicant's passport and his/her U.S. visa. If a copy of the passport is submitted, it should be a legible and the photo clearly identifiable.

For latest updated information on F and M visas kindly click on the below links

http://travel.state.gov/visa/temp/types/types_1268.html http://travel.state.gov/visa/temp/types/types_1269.html - for Public Schools
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