Understanding the F-1 Student Visa: Requirements, Status, Work Authorization, and Immigration Options

Understanding the F-1 Student Visa: Requirements, Status, Work Authorization, and Immigration Options

This blog post provides a general overview of the F-1 student visa, including admission requirements, maintenance of status, work authorization, and post-graduation immigration options.

 

During the 2023–2024 academic year, more than one million international students attended U.S. higher education institutions and contributed over $50 billion to the U.S. economy.¹ The Immigration and Nationality Act governs the student-visa process.² The Immigration and Nationality Act divides foreign nationals into two broad categories: immigrant and nonimmigrant.³ Immigrants are people admitted or seeking admission to the United States for an indefinite, or permanent, period of time.⁴ Permanent residents, also known as green card holders, are immigrants.⁵

 

Immigrant visas are generally more difficult to obtain because most require either a family-based or employment-based relationship. A nonimmigrant is a person who seeks entry to the United States for a specific purpose to be accomplished during a temporary stay.⁶ A nonimmigrant must maintain a foreign permanent residence and qualify for the nonimmigrant classification.⁷

 

The U.S. immigration system has four main categories of immigrants: family-sponsored immigrants, employment-based immigrants, diversity immigrants, and humanitarian admissions.⁸ Immigration law presumes that every foreign national seeking entry to the United States intends to remain in the country permanently.⁹ The applicant must overcome that presumption by proving nonimmigrant intent before receiving approval.¹⁰ A “visa” is an official endorsement on a passport showing that it has been examined and that the bearer is permitted to travel to the United States, but it is not a guarantee of admission to the United States.¹¹ The United States offers three types of student visas: M-1, J-1, and F-1.¹² The M-1 visa is available only to students attending non-academic vocational schools.¹³ The J-1 visa is available to students sponsored by an exchange program.¹⁴ The F-1 visa is less restrictive than the M-1 and J-1 visas and is the visa most commonly used for higher education.¹⁵ ¹⁶

 

To qualify for an F-1 visa, an applicant must demonstrate nonimmigrant intent, pursue a full course of study at an accredited institution, and attend an Immigration and Customs Enforcement-authorized school.¹⁷ Once admitted, an F-1 student is responsible for maintaining status and abiding by the conditions of Title 8 of the Code of Federal Regulations Section 214.2(f).¹⁸ F-1 students maintain status by pursuing a full course of study as defined by the program of study, avoiding unauthorized employment, and keeping an updated I-20 form with current personal and academic information.¹⁹ ²⁰

 

The school’s Designated School Official manages the F-1 visa program and reports the student’s status through the Student and Exchange Visitor Information System, also known as SEVIS.²¹ A student’s “duration of status” includes the time necessary to complete the program of study and any associated practical training, as defined by the institution, along with an additional sixty-day grace period.²²

 

F-1 visa holders may apply for Curricular Practical Training, or CPT, and Optional Practical Training, or OPT.²³ CPT allows students to complete internships or other work experience tied to their degree program for academic credit during the course of their degree program.²⁴ OPT authorization requires that the student’s job be directly related to the student’s degree and terminates if the student transfers schools or begins pursuing a different degree program.²⁵

 

OPT is most commonly used after a student completes a degree, but it can be used during the degree so long as the student’s work does not exceed twenty hours per week.²⁶ Students may apply for twelve months of OPT, with an option to extend their time by twenty-four months if they hold a STEM degree.²⁷ Students who engage in more than one year of full-time work under the CPT program are ineligible for OPT.²⁸

 

Because the F-1 visa lacks a provision allowing for “immigrant intent,” international students who wish to permanently stay in the United States must first transition to a different nonimmigrant category that allows for dual intent.²⁹ Dual intent refers to the intent to pursue permanent resident status and nonimmigrant status simultaneously.³⁰

 

Family-sponsored immigration is a common route for many because it is not subject to annual numerical limits or backlog.³¹ In 2024, 60% of lawful permanent residents in the United States were admitted based on a familial basis: 40% were immediate relatives of U.S. citizens, and 20% were family-sponsored.³² The immediate relative category includes spouses, children, and parents of U.S. citizens where the U.S. citizen is over twenty-one years old.³³

 

Another route is the H-1B visa. The H-1B visa is a nonimmigrant visa for temporary “specialty occupation” workers.³⁴ Employers that hire students for OPT may decide to sponsor students for H-1B visas. To qualify, the offered position must require specialized knowledge, and the worker’s degree must be directly related to the job duties, although a range of related degree fields may still satisfy the requirement.³⁵

 

If approved, and if the employer is willing to petition for them, students may have the option of applying for an employment-based immigration category.³⁶

Effective February 27, 2026, the Department of Homeland Security issued a new rule that will generally favor the allocation of H-1B visas to higher-skilled and higher-paid individuals.³⁷ Under the new rule, United States Citizenship and Immigration Services compares the offered wage to the government wage level for the occupation and location, then gives higher wage levels additional entries in the selection process.³⁸ The United States grants H-1B visas through a lottery system with an annual limit of 65,000, with far more demand than availability. As a result, transitioning from an F-1 visa to an H-1B visa is far from certain.³⁹

References

  1. United States Hosts More Than 1.1 Million International Students at Higher Education Institutions, Reaching All-Time High, IIE, Nov. 18, 2024, https://www.iie.org/news/us-hosts-more-than-1-1-million-intl-students-at-higher-education-institutions-all-time-high/
  2. Jeanette Subkhanberdina, Visa to Stay: Immigration Reform for International Students in the United States: From Contractual Limits to Affiliation-Based Opportunities, 50 Brook. J. Int’l L. 206, 2025.
  3. James A. Rapp, Education Law § 8.04, “Foreign, Exchange, and Undocumented Students,” 2026.
  4. Id.
  5. Id.
  6. Jeanette Subkhanberdina, supra note 2.
  7. Id.
  8. Id.
  9. James A. Rapp, supra note 3.
  10. Id.
  11. James A. Rapp, supra note 3.
  12. Jeanette Subkhanberdina, supra note 2.
  13. 8 U.S.C. § 1101(a)(15)(M)(i).
  14. 8 U.S.C. § 1101(a)(15)(J)(i).
  15. 8 U.S.C. § 1101(a)(15)(F)(i).
  16. Jeanette Subkhanberdina, supra note 2.
  17. 8 U.S.C. § 1101(a)(15)(F)(i).
  18. 8 C.F.R. § 214.2(f).
  19. Maintaining Status, Study in the States, U.S. Department of Homeland Security, https://studyinthestates.dhs.gov/students/maintaining-status
  20. Id.
  21. Student and Exchange Visitor Program, U.S. Immigration and Customs Enforcement, https://www.ice.gov/sevis
  22. 8 C.F.R. § 214.2(f)(5).
  23. Jeanette Subkhanberdina, supra note 2.
  24. 8 C.F.R. § 214.2(f)(10)(i).
  25. 8 C.F.R. § 214.2(f)(10)(ii).
  26. Id.
  27. Id.
  28. Id.
  29. Jeanette Subkhanberdina, supra note 2.
  30. INA § 214(b), 8 U.S.C. § 1184(b).
  31. Sarah Miller, Office of Homeland Security Statistics, U.S. Department of Homeland Security, Estimates of the Lawful Permanent Resident Population in the United States and the Subpopulation Eligible to Naturalize: 2024 and Revised 2023, Table 7, 2024.
  32. Id.
  33. Jeanette Subkhanberdina, supra note 2.
  34. 8 C.F.R. § 214.2(h)(1).
  35. Id.
  36. Jeanette Subkhanberdina, supra note 2.
  37. Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, 90 Fed. Reg. 60,864, Dec. 29, 2025, to be codified at 8 C.F.R. pt. 214, https://www.federalregister.gov/documents/2025/12/29/2025-23853/weighted-selection-process-for-registrants-and-petitioners-seeking-to-file-cap-subject-h-1b
  38. Id.
  39. Jeanette Subkhanberdina, supra note 2.

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