U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance regarding the F and M student nonimmigrant classifications. Any foreign student who desires to study in the United States must apply for and be granted a student visa. The type of visa you need depends on your course of study and the type of school you plan to attend.

USCIS expects the guidance consolidation of the existing policy will provide clarity to international students and U.S. educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment. This guidance is effective immediately and applies prospectively to applications filed on or after December 20, 202.

In general, U.S. Immigration and Customs Enforcement administers the nonimmigrant student program. However, USCIS adjudicates applications for employment authorization, changes of status, extensions of stay, and reinstatement of status for F and M students and their dependents in the United States.

Nonimmigrants who have been lawfully admitted to the United States and maintain the status to which they were admitted (or previously changed) may seek to change from one visa classification to another, with certain restrictions.

The guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay.

What it may essentially mean is that the foreign students must be able to state an intent to leave the US to keep their visa status, they also have the option to say that they want to stay and apply for green card status. Through employment in the United States, foreigners can become lawful permanent residents and get a Green Card under US immigration law.

In addition, the guidance specifies how F students seeking an extension of optional practical training (OPT) based on their degree in a science, technology, engineering, and mathematics (STEM) field may be employed by startup companies, as long as the employer adheres to the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated U.S. workers, among other requirements.

Foreign graduates of U.S. colleges and universities after completing their studies in US looking for subsidized U.S. jobs while still on their student visas are to benefit from this modification in rules.

The nonimmigrant academic student (F-1) classification allows a noncitizen to enter the United States as a full-time student at a college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program. The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized nonacademic programs, other than language training programs.

During their first academic year, F-1 students are not able to work off-campus, but they are permitted to accept positions on campus with specific restrictions. F-1 students are eligible to work off-campus in three different capacities after their first year of study.

Certain F-1 students with degrees in science, technology, engineering, or mathematics (STEM) may be eligible for a 24-month extension of their post-completion optional practical training (OPT).

Earlier in February 2023, USCIS clarified on the validity period of employment authorization for F-1 students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR).