Student & Visitor Visa Lawyer (F-1, B-1/B-2)

F-1 Student Visa

The F-1 student visa allows foreign nationals to enter the United States to pursue academic studies at accredited educational institutions, including universities, colleges, high schools, and certain language training programs.

Students must first be admitted to a Student and Exchange Visitor Program (SEVP)-certified institution, which issues the Form I-20, a document confirming acceptance and eligibility for student status.

F-1 Visa Eligibility Requirements

To qualify for an F-1 visa, applicants must demonstrate:

• acceptance into a SEVP-certified school

• intent to pursue a full course of study

• sufficient financial resources to support tuition and living expenses

• intent to return to their home country after completing studies

Applicants must also pay the SEVIS fee and attend a visa interview at a U.S. embassy or consulate. Maintaining F-1 status requires continued enrollment in a full course of study and compliance with all immigration reporting requirements.

Student Employment and Practical Training

F-1 students are generally restricted from working in the United States unless authorized under specific immigration programs. Several employment opportunities may be available to eligible students, including:

On-Campus Employment

Students may work on campus for up to twenty (20) hours per week during academic terms and full time during school breaks.

Curricular Practical Training (CPT)

CPT allows students to participate in internships or work experiences directly related to their academic program while enrolled in school.

Optional Practical Training (OPT)

OPT allows students to obtain temporary employment authorization in their field of study after completing their academic program.

Students in certain STEM fields may qualify for a twenty-four (24)-month STEM OPT extension, allowing additional employment authorization.

B-1/B-2 Visitor Visas

The B-1/B-2 visitor visa allows foreign nationals to enter the United States temporarily for business or tourism.

The B-1 visa is generally used for business activities such as:

• Attending a scientific, educational, professional, or business convention or conference

• Negotiating contracts

• Consulting with business associates

• Settling an estate

The B-2 visa allows travel for:

• Tourism

• Vacation (holiday)

• Visiting with friends or relatives

• Medical treatment

• Participation in social events hosted by fraternal, social, or service organizations

• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating

• Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

Although these visas permit temporary visits, they do not authorize employment in the United States.

Visitor Visa Eligibility

Applicants must demonstrate:

• intent to visit the United States temporarily

• sufficient financial resources to support the trip

• ties to their home country indicating intent to return after the visit

Consular officers evaluate travel history, employment, family connections, and other factors when determining whether the applicant intends to depart the United States after the authorized stay.

Extensions and Changes of Status

Certain visitors and students may apply to extend their stay or change immigration status while in the United States. Examples include:

• extending a B-1/B-2 visitor visa stay

• changing from visitor status to F-1 student status

• transitioning from F-1 student status to employment-based visas

These applications must typically be filed before the authorized stay expires and require documentation demonstrating continued eligibility.

Failure to maintain lawful status may result in immigration consequences, including unlawful presence and future visa complications.

Adjustment of Status vs Consular Processing

Some individuals who initially enter the United States as students or visitors may later become eligible for permanent residence through family or employment-based immigration. In these situations, applicants may pursue Adjustment of Status within the United States or complete the immigration process through Consular Processing abroad.

Because certain actions—such as misrepresenting intent at the time of entry—can create immigration complications, legal guidance is often important when transitioning from temporary visas to permanent immigration pathways.

Consult a Student & Visitor Visa Attorney

Student and visitor visa matters often involve detailed immigration regulations governing status maintenance, employment authorization, and travel compliance.

Stiberman Legal assists clients with F-1 student visa matters, visitor visa applications, status extensions, and compliance issues that arise during temporary stays in the United States. Our firm provides guidance designed to help clients maintain lawful immigration status while pursuing their educational or travel objectives.