Information of “M-1” Student Visa

Information of M-1 Student Visa

If anyone would like to study as a full-time student in the United States, they will need a student visa. Generally, there are two nonimmigrant visa categories which commonly known as the F and M visas. The F-1 visa is issued to foreign student (academic student) that allows the eligible applicant to enter the United States as a full-time student at Student and Exchange Visitor Program (SEVP) - certified educational institutions such as college, university, seminary, conservatory, academic high school, elementary school, or a language training school.

What is “M-1” Student Visa?

The M-1 visa is issued to the vocational students who are enrolled in vocational or other nonacademic programs, other than language training.

Possibility of Employment Opportunity

Unlike F-1 students, M-1 students may engage in practical training only after they have completed their studies, and they may be eligible to work off-campus on a case-by-case basis as a result of special situations such as severe economic hardship or special student relief. However, F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions.  The off-campus training employments for both F-1 and M-1 students must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

Enrolling School While in a Nonimmigrant Status Other Than Student Status?

The Federal regulations of 8 C.F.R. § 214.2(b)(7) specifically prohibit a course of study in the United States while in B-1 or B-2 status on or after April 12, 2002. Please note that enrolling in a school while in a nonimmigrant visa (NIV) status that does not permit such activity will result in a visa status violation. Per U.S. code of 8 USC 1227(a)(1)(C)(i), the individuals who have violated their NIV status could be faced deportation charges. Further, those applicants who violated NIV status are not eligible to extend their status or change to F-1 or M-1 status. Moreover, if the applicant is an M-1 student, he / she may not change to F status while he / she is in the United States. Further, if the applicant is applying to change status to M status, he /she must maintain a valid nonimmigrant status while their Form I-539 change of status application is pending.

What if the Current Status Doesn’t Allow Applicant to Enroll in Classes?

If an applicant is requesting to change from another nonimmigrant status to F or M student status and their current nonimmigrant status does not permit to enroll in classes, do not enroll in classes or begin their studies until USCIS has approved their change of status.

Changing to F or M Status from Another Nonimmigrant Visa Status

If the applicant in the United States has a valid nonimmigrant status for a purpose other than to attend school and wish to change their nonimmigrant status to a student status while remaining in the United States, they must meet the specific criteria and submit an application with USCIS to change their status. Note that not all nonimmigrant classifications are allowed to change to student status.

Changing Status to M-1 Visa While Application is Still Pending  

If their current nonimmigrant status will expire more than 30 days before their M-1 program start date, the applicant may consider consular processing. Then, if they are concerned about maintaining their nonimmigrant status to within 30 days of their M-1 program start date (which may be deferred as described above) or are otherwise not eligible to change status to F-1 or M-1 status in the United States. If they wish to remain in the United States until their school start date, they must find a way to obtain status all the way up to the date that is 30 days before their program start date (“bridge the gap”).

• Cited from uscis.gov

Note: This information is for generally educational or informational purposes only and it does not constitute legal advice.