Immigration & Visas

There have been recent changes at the US Department of Homeland Security and their Bureau of Citizenship & Immigration Services (formerly the INS) concerning the interpretation of immigration law regarding F1 student and B1/B2 visitors.

The most recent information from our local BCIS (Bureau of Citizenship Immigration Services) representative is as follows:
"--- The purpose of the F1 category is for those individuals who are intending to pursue a full-time course of study leading to specific, recognized degrees and vocational or academic objectives. B1 and B2 visitor classification are generally precluded form participating in vocational or academic programs of study, part-time or otherwise, unless that study is explicitly incidental to their reasons for coming to the US. The key factor is not part-time or full-time study, but rather the visitors intention in coming to the US. Any study done in B1 or B2 status must be incidental, even if it is part-time. There are certain recreational programs, such as non-credit seminar courses or cultural immersion programs, for which a B visitor can appropriately come to the US. Short-term program appropriate for the B visitor classification (or visa waiver where appropriate) would most likely include some or all of the following characteristics: non-credit (no degree or certificate used as evidence of specific vocational or academic qualifications), avocational (program content not used directly for employment purposes), short-term (few weeks in length), recreational program (interest in attending program is personal, rather than academic or career oriented). --- "

We still understand that there is a differentiation between studying part-time (18 clock hours or under per week) and full-time (over 18 clock hours per week). The US Department of State has recently confirmed that short-term part-time study is permissible on a tourist visa if the primary intention of visit is tourism and that any study is incidental to that visit.

It is important therefore, that the visa applicant makes clear to the consular official during their local initial visa interview what their primary intention of visit to the US is.

We are authorized to enroll non-immigrant students through SEVIS and we will issue an I-20 form for those required to apply for the F1 student visa.

Those visa applicants who apply for an annotated B2 visa (saying ‘prospective student’) are required to apply for an F1 student visa on arrival once they have decided where they wish to study.

If you need further clarification on the law, please visit www.travel.state.gov, which is the official web site of the US Department of State.

This information is intended to be seen in an advisory way. The decision of what type of visa to travel on is ultimately the traveler’s.

Please contact us if you need further information.

November 2004