Labor Immigration Law

United States Labor Immigration Law News and Analysis

Guidelines for Maintaining F, M and J Status

Holders of F (student), J (exchange visitor) or M (student) status in the U.S. are subject to certain requirements in order to maintain a valid status and be entitled to the benefits of their status (e.g. OPT, visa revalidation, etc.).  With the beginning of a new academic year, we have been advising a number of school officials and students with duties and responsibilities related to certain student or exchange visitor status.

F-1 Students

Students present in the U.S. on F-1 status (and their F-2 dependents) must:

  • Maintain the requisite F-1 documentation: valid I-20, valid passport, and valid I-94 card marked “Duration of Status” or “D/S”;
  • Pursue a full course of study (with limited exceptions) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the U.S. and make normal progress towards completing the course of study;
  • Update by providing information to the designated school official (DSO) current address, legal name, or major field of study within 10 days of a change;
  • Remain in the U.S. for no longer than 60 days after completing the full course of study (the so-called “60-day grace period”), unless prior to that time the student has followed procedures for applying for optional practical training (OPT), changing educational levels, transferring to another approved school, or changing status;
  • Refrain from engaging in unauthorized employment (please see a related article on what constitutes “work”).

As a side note, F-2 dependents are prohibited from engaging in employment or a course of study, except that F-2 children may enroll in elementary or secondary school (K-12).

M-1 Students

Students present in the U.S. on M-1 (and their M-2 dependents) status must:

  • Maintain required documentation: valid I-20, valid passport, and valid I-94 card. M-1 students are admitted for one year or for the period necessary to complete their course of study, whichever is less, plus 30 days thereafter to depart (the so called “30-day grace period.”);
  • Pursue a full course of study (with certain exceptions) at an established vocational institution or other recognized nonacademic institution and make normal progress towards completing the course of study (full-time study may differ from school to school);
  • Update by providing information to the designated school official (DSO) current address, legal name, or major field of study within 10 days of a change;
  • Refrain from engaging in unauthorized employment.

Similarly to F-1, as a side note, M-2 dependents are prohibited from engaging in employment or a course of study, except that M-2 children may enroll in elementary or secondary school (K-12).

J-1 Exchange Visitors

Exchange visitors present in the U.S. on J-1 (and their dependents on J-2) status must:

  • Maintain required documentation: valid DS-2019, valid passport, and valid I-94 card marked “Duration of Status” or “D/S”;
  • Engage only in approved activities at the authorized location for which the DS-2019 was issued;
  • Update by providing information to the responsible office (RO) current address, legal name, or major field of study within 10 days of a change;
  • Maintain medical insurance required for J-1 visa holders;
  • Remain in the United States for no longer than 30 days (the so called “30-day grace period”) after completing J-1 program; and
  • Refrain from engaging in unauthorized employment.

Note that J-2 spouses and children are eligible to apply for an employment authorization document (EAD), but there is no regulation restricting J-2s from enrolling in a course of study.

Bookmark and Share
This article is presented by the Capitol Immigration Law Group PLLC, an immigration law firm serving individual and corporate clients in the Washington, D.C. area and nationwide. We specialize in U.S. labor immigration law and we have successfully represented individuals from more than 30 countries and Fortune 100 companies. The article should not be used as a substitute for competent legal advice from a licensed attorney. For more information, please contact us.