Chapter 2 - Eligibility Requirements

A. Applicant Eligibility

To be eligible for F-1 or M-1 status, aliens must meet the following requirements:^[1]

• Be bona fide students qualified to pursue a full course of study;
• Seek to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an institution the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) has certified to admit nonimmigrant students;
• Have a foreign residence, which they have no intention of abandoning;^[2]
• Have a Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) issued in their name by a Designated School Official (DSO) of a school that SEVP has certified to admit nonimmigrant students;^[3]
• Have sufficient funds available for self-support during the entire proposed course of study;^[4] and
• Provide proof that the alien has paid the Student and Exchange Visitor Information System (SEVIS) fee on Payment of Fee Remittance for Certain F, J, and M Nonimmigrants (Form I-901), if applicable.^[5]

Intent to Depart 

In order to be eligible for F-1 or M-1 classification, a student must intend to depart from the United States after their temporary period of stay (for example, upon completion of their program of study and any authorized practical training in this country or upon termination of their nonimmigrant status) and have a foreign residence that they have no intention of abandoning.^[6]

The foreign residence requirement should be adjudicated differently for students than for other nonimmigrants.^[7] Typically, students lack the strong economic and social ties of more established applicants, and they plan longer stays in the United States. INA 101(a)(15)(F)(i) assumes that the natural circumstances of being a student do not disqualify the student from qualifying for nonimmigrant status. Considerations should include the student’s present intent, not what they might do after a lengthy stay in the United States.^[8]

If a student had a foreign residence immediately prior to traveling to the United States, even if such residence was with parents or guardians, they may be considered to be maintaining a residence abroad if they have the present intent to depart the United States at the conclusion of their studies.^[9] The fact that this intention may change is not a sufficient reason to deny them F classification. In addition, the present intent to depart does not imply the need to return to the country from which they hold a passport. It means only that they must intend to leave the United States upon completion of their studies. Given that most students are young, they are not expected to have a long-range plan and may not be able to fully explain their plans at the conclusion of their studies. The student must have the present intent to depart at the conclusion of their approved activities.^[10]

A student may be the beneficiary of an approved or pending permanent labor certification application or immigrant petition and still be able to demonstrate their intention to depart after a temporary period of stay.^[11] USCIS officers generally view the fact that a student is the beneficiary of an approved or pending permanent labor certification or an immigrant visa petition as not necessarily impacting their eligibility for the classification, so long as the student intends to depart at the end of their temporary period of stay. In all cases, the officer must consider all facts presented when determining whether a student is eligible for the F or M classification.

Sufficient Funds

F-1 students must have sufficient funds to successfully study in the United States without resorting to unauthorized U.S. employment for financial support. F-1 students must provide documentary evidence that sufficient funds are, or will be, available to defray all expenses during the entire period of anticipated study.^[12]

M-1 students must establish that they have funds immediately available to them or assurances of support necessary to pay all tuition and living costs for the entire period of intended stay.

Evidence of financial ability for prospective F-1 and M-1 students includes, but is not limited to:

• Family bank statements;
• Documentation from a sponsor;
• Financial aid letters;
• Scholarship letters; and
• A letter from an employer showing annual salary.^[13]

B. Program Eligibility

1. F-1 Students

The following schools may be approved for attendance by F-1 students:^[14]

• A college or university;^[15]
• A community college or junior college which provides instruction in the liberal arts or in the professions and which awards recognized associate degrees;^[16]
• A seminary;^[17]
• A conservatory;^[18]
• An academic high school;^[19]
• A private elementary school;^[20] and
• An institution which provides language training, instruction in liberal arts or fine arts, instruction in the professions, or instruction or training in more than one of these disciplines.^[21]

2. M-1 Students

The following schools may be approved for attendance by M-1 students:^[22]

• A community college or junior college which provides vocational or technical training and which awards recognized associate degrees;^[23]
• A vocational high school;^[24] and
• A school which provides vocational or nonacademic training other than language training.^[25]

3. Ineligible School Types

The following schools may not be approved for attendance by foreign students:^[26]

• A home school;^[27]
• A public elementary or middle school;^[28] and
• Adult education programs that are funded in whole or in part by a grant under the Adult Education and Family Literacy Act, or by any other federal, state, county, or municipal funding.^[29]

4. Designated School Official Responsibilities

One requirement for a school to be ICE SEVP-certified is that the school must have dedicated employees for assisting and overseeing enrolled F and M students. These dedicated employees are referred to as the DSO. Each instructional site location must have at least one DSO who also serves as the main point of contact related to the school’s compliance for ICE SEVP.^[30]

DSOs oversee and authorize foreign student activities, such as, but not limited to, reduced course loads, leaves of absence, employment endorsements such as for Curricular Practical Training and Optional Practical Training, and school transfers. DSOs are also responsible for fulfilling reporting requirements related to the activities of the school’s foreign students. Federal law requires DSOs to update and maintain student records in the SEVIS.^[31] The failure of a DSO to report student infractions properly and in a timely manner can result in disqualification of the individual as a DSO and withdrawal of the school’s ICE SEVP certification.

C. Border Commuter Students

Nationals of Canada or Mexico who continue to reside in their home country while commuting to the United States to attend an approved F or M school are generally granted F-3 or M-3 nonimmigrant classification.^[32] Such border commuter students are specifically permitted to engage in either full-time or part-time studies.^[33] Unlike other foreign students who are admitted for duration of status, commuter students are admitted with a fixed period of admission through a specific date.^[34]

Footnotes 

[^ 1] See INA 101(a)(15)(f) and INA 101(a)(15)(m). See 8 CFR 214.2(f)(1) and 8 CFR 214.2(m)(1).

[^ 2] See 9 FAM 402.5-5(C), Qualifying for a Student Visa (F-1/M-1).

[^ 3] See 8 CFR 214.3(k). For more information about DSO requirements, see DHS’s Designated School Officials webpage.

[^ 4] See 22 CFR 41.61(b)(1)(ii).

[^ 5] See ICE’s I-901 SEVIS Fee webpage for information on the fee requirement and how to pay the fee.

[^ 6] See 9 FAM 402.5-5(E)(1)(b), Residence Abroad Required.

[^ 7] See 9 FAM 402.5-5(E)(1)(b), Residence Abroad Required.

[^ 8] See 9 FAM 402.5-5(E)(1)(b), Residence Abroad Required.

[^ 9] See 9 FAM 402.5-5(E)(1)(b), Residence Abroad Required.

[^ 10] See 9 FAM 402.5-5(E)(1)(b), Residence Abroad Required.

[^ 11] See 64 FR 29208, 29209 (PDF) (Jun. 1, 1999) (“So long as the alien clearly intends to comply with the requirements of his or her nonimmigrant status, the fact that the alien would like to become a permanent resident, if the law permits, this, does not bar the alien's continued holding of a nonimmigrant status.”). See Matter of Hosseinpour (PDF), 15 I&N Dec. 191 (BIA 1975) (Filing for adjustment of status “…is not necessarily inconsistent with lawful nonimmigrant status.”).

[^ 12] While this does not mean that the applicant must have cash immediately available to cover the entire period of intended study, which may last several years, it is generally required that that the applicant has enough readily available funds to meet all expenses for the first year of study, or the length of the program, whichever is shorter. Additionally, applicants must demonstrate that, barring unforeseen circumstances, adequate funds will be available for each subsequent year of study from the same source or from one or more other specifically identified and reliable financial sources.

[^ 13] See DHS’s Financial Ability webpage.

[^ 14] See 8 CFR 214.3(a)(2).

[^ 15] See 8 CFR 214.3(a)(2)(i)(A). A college or university is an institution of higher learning which awards recognized bachelors, masters, doctors, or professional degrees.

[^ 16] See 8 CFR 214.3(a)(2)(i)(B).

[^ 17] See 8 CFR 214.3(a)(2)(i)(C).

[^ 18] See 8 CFR 214.3(a)(2)(i)(D).

[^ 19] See 8 CFR 214.3(a)(2)(i)(E).

[^ 20] See 8 CFR 214.3(a)(2)(i)(F).

[^ 21] See 8 CFR 214.3(a)(2)(i)(G).

[^ 22] See 8 CFR 214.3(a)(2)(ii).

[^ 23] See 8 CFR 214.3(a)(2)(ii)(A).

[^ 24] See 8 CFR 214.3(a)(2)(ii)(B).

[^ 25] See 8 CFR 214.3(a)(2)(ii)(C). Also, under Section 113 of the Aviation and Transportation Security Act, Pub. L. 107-71 (PDF), 115 Stat. 597, 622 (November 19, 2001), flight schools are required to provide to the Attorney General the identification of an alien who wishes to be trained on an aircraft with a maximum certified takeoff weight of 12,500 pounds or more so that officials can assess the security risk prior to the training. See 49 CFR 1552.3(a).

[^ 26] See 8 CFR 214.3(a)(2)(v).

[^ 27] See 8 CFR 214.3(a)(2)(v)(A).

[^ 28] See 8 CFR 214.3(a)(2)(v)(B).

[^ 29] See 8 CFR 214.3(a)(2)(v)(C) (excluding adult education programs from certification for attendance for foreign students). Adult education means academic instruction and education services below the post-secondary level that increase an individual’s ability to: read, write, and speak in English and perform mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent; transition to postsecondary education and training; and obtain employment. See 29 U.S.C. 3272.

[^ 30] See 8 CFR 214.3(l). The school’s president, owner or head of a school or school system must nominate these officials by signing a Record of Designated School Officials (Form I-17A) or successor form.

[^ 31] See 8 CFR 214.2(f)(10)(i)(B). For more information about DSO responsibilities, see ICE’s SEVIS Reporting Requirements for Designated School Officials webpage.

[^ 32] See INA 101(a)(15)(F)(iii) and INA 101(a)(15)(M)(iii).

[^ 33] See INA 101(a)(15)(F)(iii) and INA 101(a)(15)(M)(iii). See 8 CFR 214.2(f)(18)(ii) and 8 CFR 214.2(m)(19).

[^ 34] See 8 CFR 214.2(f)(18)(iii) and 8 CFR 214.2(m)(19)(iii). See Chapter 8, Change of Status, Extension of Stay, Length of Stay, Section E, Duration of Status [2 USCIS-PM F.8(E)].