The ABC’s of Immigration: M Visas for Vocational Students
What is an M Visa?
The M visa is available to international students who are coming to the US to pursue a full-time course of study at an established vocational school or other nonacademic school that has been approved by the USCIS. Typical institutions that accept M students include community and junior colleges that provide vocational and technical training, vocational high schools, and other schools that provide nonacademic training, other than English language instruction. The school must demonstrate that its international student program will fulfill educational objectives and will not be used as a means of making the students work. Students are designated M-1 and their spouses and children are M-2.
What is required to qualify for an M Visa?
The most basic requirement for a course of study to qualify for an M-1 visa is
that it must lead to a specific educational or vocational objective.
The student must engage in a full course of study, the definition of
which depends on the type of institution.
·
At community and junior colleges, a full course of study is
defined as at least 12 semester hours of instruction per academic term, except
in cases where the student requires fewer hours to complete the course of study;
·
At other postsecondary schools, a full course of study consists of
12 hours of study per week;
·
In vocational and nonacademic programs, a full course of study
must consist of at least 18 hours of study per week if classroom instruction is
the dominant part of the course, or 22 hours of study per week if the dominant
part of the course is in the laboratory or workshop; and
·
In vocational and nonacademic high schools, a full course of study
is the minimum hours the school sets for progress toward graduation.
What should I know about finding a program?
Before a foreign student can obtain M-1 status they must first receive a Form
I-20 issued by the school that provides information about the school and the
student. Before the school can
issue an I-20 the following conditions must be met:
·
The student must have made a written application to the school
·
The school must have received the student’s academic record and
evidence of financial support
·
The student must meet the school’s qualifications for admission,
including any English language proficiency
·
The student must have been accepted by the school
How do I obtain the M Visa
and what are its conditions?
After
the school issues the I-20, it sends it to the student abroad, who then applies
for a visa at their local US consulate. To
make the visa application the student must present the I-20, their passport, the
necessary visa fee (which varies from location to location), Form OF-156
Application for a Nonimmigrant Visa, and evidence of financial support.
Unless there are unusual circumstances, the visa will generally be issued
on the day the application is submitted, or only a few days afterward.
A prospective student who has not yet decided on a school can request a
B-2 prospective student visa, and once in the US they can seek M-1 status.
Note, however, that is a prospective student does make his or her
intentions clear at the time of entry, the INS could very well deny the case.
After receiving the visa, the student may make an application for admission at a
US port of entry. The student must
present their passport, visa, evidence of support and the I-20.
If admission is granted, the INS will keep one copy of the I-20 and
return the second to the student. The
student is issued an I-94 Arrival/Departure Record that contains a unique
control number. This number is
noted on the I-20, and becomes a sort of permanent identifier.
For example, if an F-1 student leaves the US, upon reentry they are given
a new I-94. However, the number on
it is crossed out and replaced with the initial number noted on the I-20.
M-1 students are admitted for a period of one year, or for the amount of time
required to complete the course of study. They
are also given 30 days grace period in which to depart following completion of
the course.
Can I transfer to another school on an M Visa?
M-1 students are not permitted to change schools after six months, unless there
are circumstances beyond their control. Before
six months, transfers are possible, although the student must take care to
ensure that they do not fall out of status.
The application to change schools is made on Form I-539.
The student must include their I-20s from both their old and new schools.
Failure to do any of the following will render the student out of status:
·
Transfer to a new school without submitting a transfer
application,
·
Enrolling in the new school before the INS approves the transfer
unless 60 days have passed since submission of the transfer application,
·
Failure to pursue the full course of study at the school last
approved by the INS without seeking reinstatement.
Is
it possible to obtain an extension of stay on an M Visa?
To
obtain an extension of stay, the student must submit Form I-538 to the INS along
with a copy of Form I-20. The
student must show that they have maintained valid status and will continue to do
so through the period of the extension. The
extension may be granted for a period of up to one year, or the length of time
required for completion of the program. If
the request for an extension is denied, the student has a period of time,
between 10 and 30 days, in which they must leave the US.
If they do not leave, they are subject to being placed in deportation
proceedings.
Am I allowed to work on an M Visa?
M-1 students are not authorized to accept on- or off campus employment.
They are, however, allowed to participate in practical training following
the completion of their course of study.
A request for practical training must be submitted no more than 60 days before
the completion of studies, and no later than 30 days after completion.
The period of practical training is determined by authorizing one month
of training for each four-month period of study, however, the practical training
is not to exceed six months.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.