Articles Posted in F1 Visa

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an important update for international students studying in the United States during the upcoming Fall semester.

Stay tuned to find out more.

Overview

On July 6th international students were shocked to find out that the federal government introduced new guidelines preventing students from attending schools with online instruction only during the Fall 2020 semester.

The new guidelines, released by Immigration and Customs Enforcement (ICE), provided that students enrolled in schools with online only instruction would not be issued visas, and CBP would not permit these students to enter the U.S. from abroad, despite rising Coronavirus cases nationwide. Additionally, the announcement stated that students already in the United States enrolled in an online only study program would need to transfer to a school providing hybrid or in-person instruction, in order to remain in lawful status in the United States. Students who failed to transfer would be required to depart the country immediately.

Fortunately, Harvard and the Massachusetts Institute of Technology (MIT) stood up for international students nationwide and swiftly filed a lawsuit against the government to prevent the guidelines from being enforced. The lawsuit sought a temporary and permanent court order/injunction to stop the government from enforcing any part of the new guidelines on students and universities.

The judge in that case had scheduled an emergency hearing on July 14th to hear oral arguments from the universities and the government.

In a surprising turn of events, just before the hearing was scheduled to begin, the judge announced that the government reached an agreement to rescind the new police in its entirety.

From the Court Docket: Harvard and MIT vs. DHS/ICE re: International Students

“Hearing held on 7/14/2020. The Court was informed by the parties that they have come to a resolution to the combined temporary restraining order/preliminary injunction motions. The Government has agreed to rescind the July 6, 2020 Policy Directive and the July 7, 2020 FAQ, and has also agreed to rescind their implementation. The Government will return to the March 9, 2020 and March 13, 2020 policy.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we will give you our top 10 tips on how to successfully obtain an F-1 student visa or J-1 Trainee visa.

Overview: 

There are generally two ways to apply for a U.S. Visa. If you are residing lawfully in the United States on a nonimmigrant visa classification (such as a tourist visa) you may apply for a change of status by filing Form I-539 Application to Change Nonimmigrant Status with USCIS. If you are residing abroad however you must apply for your visa at a U.S. Consulate near you.

Regardless of your application method, there are several important tips that can help you successfully obtain your F-1 or J-1 visa.

  1. Proof of Strong Ties to your home country

One of the most important aspects of the application is providing documentary evidence that your stay in the United States will only be of a temporary nature and that you will depart the United States at the end of your student visa or trainee program. To show that you intend to remain in the United States only temporarily, you must provide proof that you have obligations/ties to your home country that require your eventual return.

What types of evidence can be provided to fulfill this requirement?

There are a variety of different types of evidence that can be provided to show strong proof of ties home. The most common types of evidence include proof of residence abroad, proof of employment abroad or a future job offer that will require you to return to your home country, enrollment in an academic program to be attended in the future, military obligations abroad, property ownership abroad, business operations or business ownership abroad, evidence of familial obligations, etc.

  1. Financial Ability

All non-immigrant visa applicants must show that they have the financial ability to support their stay during the duration of their student or trainee program. This can be shown by providing your most recent bank account statements to prove that you have sufficient capital to support your stay.

Alternatively, applicants may provide proof of sponsorship. For purposes of sponsorship, the applicant must have a friend or relative who meets the income requirements sign Form I-134 Affidavit of Support. The sponsor must sign a statement that they will be financially responsible for the applicant’s expenses throughout the duration of their stay in the U.S., and the sponsor must also provide supporting financial documentation showing their ability to sponsor the applicant.

  1. Knowledge of the English Language

In order to obtain a F-1 or J-1 visa, you must demonstrate at your consular interview that you have at least a basic command of the English language to be able to effectively participate in your student visa or trainee visa program.

Please note: You will need to be able to speak for yourself at the time of your interview. You will not be allowed to bring a parent, relative, or anyone else to speak for you at your interview.

  1. Explain how your program of study will relate to your future career in your home country

At the time of your interview you must be prepared to explain to the consular officer how your chosen program of study or training relates to your future career in your home country. For example, if you have chosen to study hospitality management in the United States, you may wish to explain to the officer that you plan to work in the hospitality industry in your home country, and your US degree in hospitality management will help you be an attractive candidate for employers in your home country.

This will increase your chances of success at the time of your interview.

  1. Be clear and concise

Remember that you only have a limited amount of time to speak to the consular officer and show that you qualify for the visa. All of your answers to the officer must be clear and concise. Answer exactly what the officer is asking, nothing less nothing more.

  1. Supplementary documents

Do not bring voluminous documents to your interview. Be organized and bring only documents that are necessary for your interview.

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In this video we cover a new USCIS policy that can have devastating consequences on students who overstay their duration of stay in the United States, or otherwise violate their status. This new policy will change the way F-1, J-1, and M students, accrue unlawful presence in the United States, for visa holders have violated the terms of their visa by not attending school or engaging in unauthorized employment.

Background

In the year 1996 Congress passed legislation that previously governed how an individual on a non-immigrant visa type such as an F-1 visa, could accrue unlawful presence. Pursuant to this legislation, visa holders who overstayed for more than 180 days, could be subject to a 3-year bar, while visa holders who overstayed for more than one year, could be subject to a 10-year bar.

Typically, individuals who travel to the United States on a non-immigrant visa type receive an I-94 arrival/departure record and a stamp in their passport indicating the length of their authorized stay in the United States. Failure to abide by the duration of stay results in an immigration violation of the terms and conditions of a non-immigrant visa type.

F, J, and M students are unique in that these individuals do not receive a definitive length of stay within the United States, and instead are issued an I-20 (for F students) or DS-2019 (for J students) that denotes their authorized stay as “D/S” or “Duration of Stay,” meaning that the individual’s stay within the United States is not confined by any particular date, but instead depends upon the conclusion of that individual’s program of study or authorized employment.

While students on an F-1 visa type could violate their status by failing to go to school, they could not accrue unlawful presence within the United States because of the D/S designation. This class of individuals could only accrue unlawful status at the time of being apprehension by an immigration official or by court judgment.

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In this video, our clients speak about their unique experience with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your first time consultation.

For more information please visit our website.

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In this video Attorney Jacob J. Sapochnick takes you on a tour of our law office located at 1502 Sixth Avenue in sunny San Diego, California on the corner of Beech Street and Sixth Avenue. Come and visit us today. We offer first time consultations to meet your immigration needs.

For more information on the services we provide please click here.

To read our client testimonials please click here.

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In this video, attorney Jacob J. Sapochnick Esq., explains the F-1 student visa application process by examining a successful student visa case. For more information about the F-1 student visa please click here. For a first consultation please contact our office.

Overview:

A student visa is a good option for foreign nationals who wish to enroll in a short course of study that is more than 18 hours per week. The F-1 visa is a temporary visa that allows a foreign national to pursue their academic studies and/or enroll in a language training program. First time student visa applicants must attend an in-person interview at a U.S. consulate abroad if they are living outside of the United States. Please note that each U.S. embassy and consulate has its own interview procedures for student visas. Please visit the website of the U.S. embassy or consulate near you for more information.

Requirements for a student visa

To qualify, an alien must meet the following requirements:

  • The student must be enrolled in an academic education program, not a vocational-type program;
  • Educational institution must be approved by U.S. Citizenship and Immigration Services (USCIS);
  • The student must be enrolled as a full-time student at the institution;
  • The student must be proficient in English or be enrolled in courses leading to English proficiency;
  • The student must have sufficient funds available for self-support during the entire proposed course of study; and
  • The student must maintain a residence abroad which he/she has no intention of giving up
  • The student must demonstrate that they have legitimate obligations to return to their home country by providing sufficient proof of ties home such as a letter of future employment, proof of assets, proof of insurance payments, etc.

For more information about this program, please contact our office. 

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In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.

Overview: 

Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.

You can express your interest, or schedule an appointment by emailing us at info@h1b.biz. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.

Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.

Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.

To learn more about our dedicated staff members please click here.

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In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and gives you insider tips on how to file the perfect H-1B visa package. To learn more about the H-1B visa click here. To read our H-1B visa guide please click here.

Overview: 

  • The H-1B nonimmigrant visa petition may be filed starting April 1, 2016;
  • The Labor Condition Application (LCA) can be submitted to the Department of Labor no earlier than six months. Due to this you must include a starting date on the LCA that comes before October 1st, 2016;
  • Regarding US degrees, one must submit proof by way of an official of the school: dean, registrar, etc.;
  • There are regulations that extend the authorized stay of all F-1 students under the Cap Gap exemption;
  • Be very clear with the attorney working on your case as to the kind of position that you will be applying for.

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In this segment, attorney Jacob J. Sapochnick discusses new changes applying to OPT STEM extensions.

The new changes include:

– The new STEM OPT proposal will provide for an extension of OPT optional practical training replacing the 2008 proposal.

– The proposal will increase OPT STEM extensions from 17 months to 24 months.

– This will require employers to implement formal mentoring and training programs.

– In addition, the proposal aims to safeguard the rights of US workers in related fields.

– Students must report to DHS for any changes in their name, address, and employers.

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 In this episode, attorney Jacob J. Sapochnick, provides an update on the OPT Stem Extension Decision.

Notes:

  • OPT STEM has been extended.
  • This ruling will basically stop OPT Program.
  • District Court Judge Ellen Hovel found that the government made an error by not seeking public when it extended the 12-month OPT Program for STEM students.
  • The ruling could have invalidated the OPT extension immediately but instead the government gave 6 months to submit the OPT extension rule.
  • If the problem isn’t solved within 6 months, the OPT extension will be canceled on all these visa holders. They will then have only 2 months to leave the country.
  • OPT was created in 2008 due to the shortage of H1B visa.

For further questions please call our office.

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