Students & Exchange Visitors

Our attorneys have extensive experience working with foreign students and exchange visitors.  

 F-1 visa status is for a student enrolled full-time at an accredited educational institution.  The student must be enrolled in a course of study that culminates in a degree, diploma or certificate, and the institution must be authorized by the U.S. government to accept international students.  While F-1 students are generally not authorized to work in the U.S., there are certain situations in which they are permitted to do so.  They include on campus employment, curricular practical training (CPT) pursuant to which students may be employed in conjunction with their school's curriculum or optional practical training (OPT) pursuant to which students may be employed in their field after the completion of their studies or during school vacations.  While post graduation OPT is  valid for one year, students with degrees in STEM (Science Technology Engineering and Mathematics) fields may be eligible for an additional two years of employment authorization if the offered employment meets certain requirements. M-1 visa status is for a student enrolled in a vocational and other non-academic program.  M-1 students can only engage in practical training after they have completed their course of study. 

The J-1 visitor exchange program is designed to promote the interchange of knowledge and skills in education, arts, and sciences between countries.  There are several J-1 categories, each with its own requirements and restrictions.  Exchange visitors come to the U.S. as professors, research assistants, specialists, trainees, students  and more, to teach, consult, or receive graduate medical education or training.  This is not an exhaustive list.  The Department of State has designated certain public and private entities to act as exchange sponsors for J-1 non-immigrants.  

Certain individuals in J-1 status may be required to spend 2 years in their home country following the J-1 period (known as the 2-year foreign residence requirement) before applying for an H-1 or for permanent resident status in the U.S.  Our firm has significant experience in successfully applying for waivers of this requirement. We have also successfully applied for J-1 sponsor status on behalf of certain prominent institutions.