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International Pharmacist Resource |
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What is the F-1 Visa Classification?
Definition
What is Optional Practical Training and how does one qualify?
What is Curricular Practical Training and how does one qualify?
Are students in F-1 visa classification exempt from FICA?
What do dependents of B-1/B-2 qualify for
Can the dependents work in the United States?
How long can an individual stay in the United States in F-1 status?
How does an individual extend his F-1 visa classification?
What issues should an individual be aware of when he/she travels outside the U.S. in F-1 Practical Training classification?
If I travel outside the U.S., what documents must I be in possession of in order to re-enter the U.S.?
How long can an individual stay in the U.S. in F-1 visa classification if employment (pursuant to Optional Practical Training) with Walgreens terminates?
What is the F-1 Visa Classification?
Definition
F-1 visa classification is given to students enrolled in a full-course of study at a college or university in the United States
What is Optional Practical Training and how does one qualify?
Optional Practical Training (OPT) is a privilege available to qualified students who hold F-1 visa classification so that the student may gain practical experience in her field of study (pharmacy). The student must provide a copy of the I-20 endorsed by the Designated Signatory Office (DSO) recommending OPT, and a valid Employment Authorization Document [EAD] from the INS authorizing employment. To obtain the EAD, the student must send a completed application form (Form I-765) along with a copy of the endorsed Form I-20, copy of form I-538, and filing fee to the INS. The student should obtain assistance from his/her Designated Signatory Office (DSO) when seeking Optional Practical Training. It is currently taking the INS approximately 90-120 days to process an EAD. It is important that the student apply for the EAD card 90-120 days in advance of his/her intention to work.
What is Curricular Practical Training and how does one qualify?
Curricular Practical Training is a privilege available to qualified students who hold F-1 visa classification so that the student may gain practical experience in his or her field of study (pharmacy). Curricular Practical Training is authorized by the Designated Signatory Officer at the school and may be authorized in one of three ways:
- The student will obtain academic credit for the work experience, for example an internship program;
- The student must obtain work experience in order to fulfill a graduation requirement;
- The work experience is part of a university-approved cooperative education program.
A student should obtain assistance from his/her Designated Signatory Office (DSO).
Are students in F-1 visa classification exempt from FICA?
Employees in F-1 student visa status are exempt from FICA withholdings provided they are treated for U.S. income tax purposes as a "non-resident" or have proved that an applicable tax treaty exempts them from having to make FICA contributions. F-1 students who have resided in the U.S. for more than five years often are regarded as "residents" for U.S. income tax purposes and lose their exemption from FICA tax payment. Employees affected by this exemption should seek professional tax advice for more details. It is important to note that being declared a resident for tax purposes does NOT mean the employee is considered a Permanent Resident for immigration purposes.
What do the dependents qualify for?
The United States government may allow spouses and children under the age of 21 years to accompany the foreign national to the United States. Dependents of those with F-1 visa classification may receive F-2 visa classification.
Can the dependents work in the United States?
Foreign nationals with F-2 visa classification may not be employed in the United States.
How long can an individual stay in the United States in F-1 status?
F-1 visa classification is originally granted for the duration of stay needed to complete a course of study as determined by the school which issues the I-20. Currently, there is no overall limitation on period of stay.
How does an individual extend his F-1 visa classification?
Extension of F-1 status is entirely at the discretion of the school the student attends. Students should see the Designated Signatory Office (DSO) at their school for assistance in extending their F-1 visa classification.
What issues should an individual be aware of when a student travels outside the U.S. in F-1 Practical Training classification?
- Nonimmigrant Intent: Even though the particular student visa was previously issued, whenever a student departs and re-enters the United States, she is subject to the general requirements of the F-1 nonimmigrant visa classification. The F-1 visa classification requires nonimmigrant intent. Therefore, the INS officer may question the individual regarding his/her future plans, in order to determine that the stay in the U.S. is indeed temporary and that the individual's intentions are to depart the U.S. following completion of his/her studies and/or expiration of the EAD card.
- If the F-1 student visa stamp has expired and the individual is at the completion of her Optional Practical Training period: If optional practical training ends within 30 days of the individual's return to the U.S. and the individual's student visa has expired, it is recommended that the individual contact his/her DSO for guidance. Depending on the circumstances, it may not be advisable to travel.
- If an H-1B Petition for Change of Status has been filed: Following the filing of a Petition for Change of Status to any other nonimmigrant visa classification, [such as H-1B], it is advisable to remain in the U.S. until the change of status request has been approved.
If one travels outside the U.S., what documents must the individual be in possession of in order to re-enter the U.S.?
- A properly endorsed Form I-20, signed by the DSO at the school certifying a continued pursuit of a full course of study or work authorization. Re-entry into the U.S. must occur within five months of the DSO endorsement;
- A valid student visa;
- A valid passport;
- If in Optional Practical Training status: a valid EAD card and a letter from the employer confirming employment.
How long can an individual stay in the U.S. in F-1 visa classification if employment (pursuant to Optional Practical Training) with Walgreens terminates?
Foreign nationals in F-1 Optional Practical Training are authorized to be in the United States until the expiration of their Employment Authorization Document (EAD card). In addition, the INS allows foreign nationals in F-1 status to stay in the U.S. 60 days beyond the date of termination. Before the 60 days have passed, the employee must have changed or extended their nonimmigrant visa classification, or immediately leave the United States.
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