Chapter 1 - Purpose and Background

A. Purpose

The F and M nonimmigrant visa categories are for aliens seeking to study in the United States. The nonimmigrant academic student (F-1) classification allows an alien to enter the United States as a full-time student at a U.S. college, university, seminary, conservatory, academic high school, private elementary school, other academic institution, or in a language training program.^[1]

The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized nonacademic programs, excluding language training programs.^[2]

B. Background

The Immigration and Nationality Act (INA) is the primary body of law governing immigration and visa operations and provides for the admission of various classes of nonimmigrants, including foreign students.^[3] The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) created the requirement for a program to collect information for tracking and monitoring foreign students from approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs in the United States.^[4]

IIRIRA led to legacy Immigration and Naturalization Service (INS) initiating a pilot program in 1997 to monitor the academic progress and movement of foreign students and exchange visitors from entry into the United States to departure. This program was known as the Coordinated Interagency Partnership Regulating International Students (CIPRIS).

As part of reforms following September 11, 2001, legacy INS renamed CIPRIS to the Student and Exchange Visitor Information System (SEVIS). Legacy INS also established the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to manage SEVIS.^[5]

IIRIRA, as amended by the Enhanced Border Security and Visa Entry Reform Act of 2002, required that legacy INS establish an electronic means to monitor and verify the acceptance of alien students by schools. The amended IIRIRA also mandated that schools notify legacy INS when a foreign student fails to enroll within 30 days after the end of a school’s enrollment period.^[6]

The Homeland Security Act of 2002 transferred the authority and functions of legacy INS into the newly created DHS.^[7] Those functions relating to SEVIS and SEVP were placed within ICE.

In 2004, DHS published a final rule amending regulations requiring payment of a fee by certain aliens seeking status as F-1, F-3, M-1 or M-3 nonimmigrant students.^[8]

In 2008, DHS again amended its regulations and adjusted application fees for that certain aliens who are seeking status as F-1, F-3, M-1, or M-3 nonimmigrant students.^[9]

On December 14, 2010, President Obama signed the Accreditation of English Language Training Programs Act, which amended INA 101(a)(15)(F)(i) to state that F-1 nonimmigrant students intending to pursue an English language training course of study must enroll in an English language training program that has been accredited by a regional or national accrediting agency recognized by the Department of Education.^[10]

C. Legal Authorities

INA 101(a)(15)(F) - Academic student definition
INA 101(a)(15)(M) - Vocational student definition
INA 214(m) - Nonimmigrant elementary and secondary school students
INA 248; 8 CFR 248 - Change of nonimmigrant classification
8 CFR 214.2(f) - Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs
8 CFR 214.2(m) - Students in established vocational or other recognized nonacademic institutions, other than in language training programs
8 CFR 214.3 - Approval of schools for enrollment of F and M nonimmigrants
8 CFR 214.13 - SEVIS fee for certain F, J, and M nonimmigrants
8 CFR 274a.12(c) - Aliens who must apply for employment authorization
22 CFR 41.61 - Students - academic and nonacademic

Footnotes

[^ 1] See INA 101(a)(15)(f).

[^ 2] See INA 101(a)(15)(m). See 22 CFR 41.61(b)(1).

[^ 3] According to INA 101(a)(15)(f), an alien is eligible for an F visa if they: have a residence in foreign country which they have no intention of abandoning, are a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with INA 214(l) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an accredited language training program in the United States. INA 101(a)(15)(m) provides that an alien who has a residence in a foreign country which they have no intention of abandoning who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course at an established vocational or other recognized institution (other than in a language training program) in the United States is eligible for an M visa. The INA has been amended several times, including by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Division C, Title III of Pub. L. 104-208 (PDF) (September 30, 1996), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, Pub. L. 107-56 (PDF) (October 26, 2001), the Enhanced Border Security and Visa Entry Reform Act of 2002, Pub. L. 107-173 (PDF) (May 14, 2002), and the Homeland Security Act of 2002, Pub. L. 107-296 (PDF) (November 25, 2002).

[^ 4] See Section 641 of IIRIRA, Pub. L. 104-208 (PDF), 110 Stat. 3009, 3009–704 (September 30, 1996).

[^ 5] IIRIRA required the creation of a program to collect information relating to nonimmigrant foreign students and exchange visitor program participants during the course of their stay in the United States. See Section 641 of IIRIRA, Pub. L. 104–208 (PDF), 110 Stat. 3009, 3009–704 (September 30, 1996). The program became known as ICE SEVP and its core technology became known as SEVIS. A number of rules outline the requirements and procedures for SEVIS. They include: 67 FR 34862 (PDF) (May 16, 2002) (proposed rule for implementing SEVIS); 67 FR 44344 (PDF) (Jul. 1, 2002) (interim rule for schools to apply for preliminary enrollment in SEVIS); 67 FR 60107 (PDF) (Sept. 25, 2002) (interim rule for certification of schools applying for enrollment in SEVIS); 67 FR 76256 (PDF) (Dec. 11, 2002) (final DHS rule implementing SEVIS); 67 FR 76307 (PDF) (Dec. 12, 2002) (Department of State interim final rule implementing SEVIS); 69 FR 39814 (PDF) (Jul. 1, 2004) (final rule authorizing fee collection for F, J and M nonimmigrant classifications); and 73 FR 55683 (PDF) (Sept. 26, 2008) (final rule adjusting program fees and establishing procedures for out-of-cycle review and recertification of schools certified by the SEVP to enroll F and M nonimmigrant students).

[^ 6] See the Enhanced Border Security and Visa Entry Reform Act of 2002, Pub. L. 107-173 (PDF) (May 14, 2002).

[^ 7] See the Homeland Security Act of 2002, Pub. L. 107-296 (PDF) (November 25, 2002).

[^ 8] See 69 FR 39814 (PDF) (Jul. 1, 2004) (final rule).

[^ 9] Section 641(e) of IIRIRA, Pub. L. 104–208 (PDF), 110 Stat. 3009, 3009–706 (September 30, 1996), requires that a fee be established and charged to students or exchange visitors tracked in SEVIS to fund the program and further requires that the fee be used only for ICE SEVP related purposes. SEVIS Remittance for Certain F, J and M Visa nonimmigrants (Form I-901) fees are deposited into a sub-account within the Immigration Examination Fee Account and maintained for ICE SEVP use. See 73 FR 55683 (PDF) (Sept. 26, 2008).

[^ 10] See the Accreditation of English Language Training Programs Act, Pub. L. 111-306 (PDF) (December 14, 2010).

Resources

22 CFR 41.61 Students - academic and nonacademic

8 CFR 214.1(c)(5) - Decision on application for extension or change of status

8 CFR 214.13 - SEVIS fee for certain F, J, and M nonimmigrants

8 CFR 214.2(f) - Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs

8 CFR 214.2(m) - Students in established vocational or other recognized nonacademic institutions, other than in language training programs

8 CFR 214.2(q)(5)(ii) - Petition for multiple participants

8 CFR 214.3 - Approval of schools for enrollment of F and M nonimmigrants

8 CFR 274a.12(c) - Aliens who must apply for employment authorization

INA 101(a)(15)(F) - Academic student definition

INA 101(a)(15)(M) - Vocational student definition

INA 214(c) - Admission of nonimmigrants

INA 214(m) - Nonimmigrant elementary and secondary school students

INA 248, 8 CFR 248 - Change of nonimmigrant classification

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-539, Application To Extend/Change Nonimmigrant Status Application To Extend/Change Nonimmigrant Status

How to Use the USCIS Policy Manual Website

Appendices

**Visa Categories Snapshot**
Requirement	F-1	M-1
Acceptance at a U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified school	Required	Required
Bona fide student pursuing full course of study	Required	Required
Sufficient funds	Must have sufficient funds that are or will be available to successfully study without resorting to unauthorized employment in the United States for financial support	Must have immediately available funds or assurances of support necessary to pay all tuition and living costs for the entire period of intended stay
Full-time study	Required, unless Designated School Official (DSO) or the Secretary of Homeland Security (in a Federal Register notice) authorizes a reduced course load	Required, unless DSO authorizes a reduced course load for medical reasons
Public schools	No study permitted at a public school for kindergarten through grade eight. Study is only permitted at an U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified public high school (grades nine through 12) and is limited to 12 months. The student must demonstrate that they have paid the unsubsidized cost of the education to the educational agency.	No study permitted at a public school for kindergarten through grade eight
School transfers	Allowed, DSO must record in Student and Exchange Visitor Information System (SEVIS)	Allowed if it is less than 6 months into program of study and student cannot remain at present school due to circumstances beyond their control. USCIS must authorize. Student cannot change educational objective.
Curricular Practical Training	Allowed, DSO must authorize	Not applicable
Optional Practical Training (OPT) (pre-completion)	Allowed, if student has been enrolled for 1 full academic year. Must be directly related to the student’s major area of study. Cannot be full-time while school is in session. DSO must endorse, and USCIS must approve and issue employment authorization document (EAD) prior to the student starting OPT.	Not applicable
OPT (post-completion)	Allowed, must be directly related to the student’s major area of study. Requires DSO endorsement, approval by USCIS, and issuance of EAD	Not applicable
Science, Technology, Engineering, and Mathematics (STEM) OPT Extension	Allowed, must have a bachelor’s degree, master’s degree, or doctorate degree that is on the STEM Designated Degree Program List (PDF); receive DSO endorsement; and receive USCIS approval to qualify for a 24-month OPT extension	Not applicable
Practical Training	Not applicable	Allowed after completion of the student’s course of study. Must be related to the student’s course of study, and employment comparable to the proposed employment is not available to the student in the country of the student’s foreign residence. Requires approval by USCIS and issuance of EAD.
Maximum Stay	Duration of status	1 year, plus extensions not to exceed 3 years
Program Extension	Allowed, if the student has continually maintained F-1 status, the need is caused by a compelling academic or medical reason, and the student applies to the student’s DSO for the extension before the student’s Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) expires	Allowed, the maximum cumulative time of extensions is 3 years from original start date. M-1s must apply for an extension beyond the end date of their Arrival/Departure Record (Form I-94) by filing an Application to Extend/Change Nonimmigrant Status (Form I-539) with USCIS
Family members	Spouses and unmarried children under the age of 21 are eligible for the F-2 visa classification	Spouses and unmarried children under the age of 21 are eligible for the M-2 visa classification

Updates

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the nonimmigrant student (F and M) classifications, including USCIS’ role in the adjudication of applications for employment authorization and change or reinstatement of status to F or M classifications.