The F nonimmigrant visa category is for foreign nationals who are either in the U.S., or who are coming to the U.S., to engage in a full-time course of study. INA Sec. 101(a)(15)(F), 8 U.S.C. Sec. 1101(a)(15)(F) defines the F nonimmigrant visa category as being available to a foreign national who: "having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education . . ."

The F nonimmigrant visa category is often, in and of itself, the road to lawful permanent residence for many foreign nationals. The following scenario is often the "stepping stone" manner in which lawful permanent residence is achieved by individuals who come to the U.S. seeking F-1 student status:

Coming to the U.S. as a student to pursue a full time course of study, the foreign national student may later commence his/her optional practical training (one year of work authorization usually associated with the completion of studies on an F-1 nonimmigrant student visa) with a particular employer. After being given an opportunity to examine the work habits of the former student, the employer may offer the former student a full-time and temporary position as an H-1B nonimmigrant specialty worker for a three (3) - year period (with the possibility of an additional three - year extension).

At some point during the initial three years with the employer the foreign national specialty worker might request the employer to sponsor him/her for the filing of a labor certification. Approval of the labor certification application and a filing with the INS make lawful permanent residence for this former F-1 student a reality.

While not all F-1 nonimmigrant students follow the road to lawful permanent residence as stated above, the foregoing demonstrates to the practitioner the importance of the strategic planning and considerations that go into taking your client through various nonimmigrant categories to achieve lawful permanent residence. Notwithstanding the foregoing, and knowing what the ultimate goal of your client may be, it is still critical that the practitioner focus on each of the legal elements of the particular nonimmigrant visa category sought by the client(s), as the client takes his/her "steps."

Pursuant to the regulations governing the F-1 nonimmigrant student visa status, a foreign national coming to the U.S. to study must demonstrate nonimmigrant intent to study. There are two ways to obtain F nonimmigrant visa classification. Foreign national students may petition an INS Regional Service Center to accord F-1 status, or a foreign national seeking entry into the U.S. to engage in a full-time course of study may apply directly at the U.S. Consulate abroad.

Generally, students are granted a stay of duration of status [D/S] on their I-94, Arrival/Departure Records. As long as the student continues to engage in the full-time course of study in which he/she originally enrolled, and the student continues his/her course of study on a full-time basis, then the student is deemed to be in-status. If the student should change his/her course of study then he/she should immediately contact the International Student Officer ("ISO"). The ISO is the representative at the school who is responsible for notifying the INS of appropriate changes in the status of students.

As the immigration laws become more and more complex, each area of immigration law seems to be slowly evolving as a sub-specialty area of practice. This appears to be particularly true of the F-1 nonimmigrant student visa category. In addition to engaging in a full-time course of study, F-1 nonimmigrant students are governed by a set of highly complex rules that dictate the circumstances under which they may or may not engage in on- or off- campus work. It is highly recommended that any practitioner engaged for the purpose of advising a student with respect to his/her potential work opportunities review the regulations at 8 CFR Sec. 214.2(f)(9) et seq.

In general, on-campus employment is permissible for the F-1 nonimmigrant visa holder. On-campus employment may be where the school is the employer, or employment by service providers that provide benefits to the school community. On- campus employment must be part-time (twenty (20) hours or less per week) while school is in session and can be full-time during breaks and vacations. This work authorization is incidental to the F-1 visa status and a separate application for work authorization need not be made.

Off-campus employment may be authorized in the event of "severe economic hardship, and must be approved by the INS. The practitioner must be particularly careful when, and if, applying for such off-campus employment authorization, since the issue of "severe economic hardship," which must be demonstrated to obtain such work approval, strikes at the very heart of one of the elements for obtaining the F nonimmigrant visa (which is that the foreign national shall be able to sustain him/herself economically without resort to gainful employment).