The United States Citizenship and Immigration Services (USCIS) has issued policy guidance related to F and M nonimmigrant student visa classifications, which includes the agency's role in adjudicating applications for employment authorization, change of status, extension of stay and restoration of status for said students and their dependents in the United States.

This guide consolidates existing policies. USCIS hopes the guidance will provide clarity for foreign students and U.S. academic institutions on a variety of topics including eligibility requirements, school transfers, practical training, and on- and off-campus employment.

For example, 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 beneficiaries of an application for permanent labor certification or a petition for an immigrant visa and can still demonstrate your intention to leave after a temporary period of stay.   

Additionally, the guide specifies how F students who wish to pursue an optional practical training (OPT) extension based on their undergraduate degree in a science, technology, engineering, and mathematics (STEM) field can be hired by startups, as long as where the employer adheres to training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate with that of similarly situated U.S. workers, among other requirements.

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 classification (M-1) includes students in established vocational programs or other recognized non-academic programs, other than language training programs.

For additional information on USCIS guidelines, see the Policy Alert (PDF, 312.06 KB) y Volume 2, Part F of the Policy Manual. For more information on the role of U.S. Immigration and Customs Enforcement (ICE) in administering such nonimmigrant student programs, see the Student and Exchange Visitor Information System (SEVIS) Program.