Student Visa Attorneys

Study in the US

Students, teachers, and workers who reside in countries outside the United States and would like to visit the country for an extended period to study, teach, or work have several options regarding entry visas. The J-1, F-1, and M-1 visas have different qualifications, restrictions, and benefits. It is important to understand their differences to select the correct visa and properly complete the application process.

The J-1 visa was established as part of the Mutual Educational and Cultural Exchange Act of 1961, which was designed to promote cultural exchange between the U.S. and other countries. Through the Exchange Visitor Program, people residing in foreign countries may obtain sponsorship to visit the U.S. for longer to complete school, research, or a particular job.


People approved by the Department of State to teach, study, receive training, or use a special skill are eligible to enter the Exchange Visitor Program. These people are generally au pairs, camp counselors, college students, government visitors, interns, physicians, professors or research scholars, high school students, specialists, short-term scholars, specialists, teachers, trainees, or summer work travelers.


To receive a J-1 visa, applicants must demonstrate that they reside in their home country and do not intend to abandon that country. Documentation to support this can include documentation showing that the applicant has assets in their home country, such as a car, or proof that they have immediate family living in the country. They must also have a Certificate of Eligibility for an Exchange Visitor (Form DS-2019). Some J-1 programs require that the recipient returns to their home country for two years following the expiration of their J-1 visa, though this stipulation can be waived in certain instances.



To obtain a K-1 visa, you must be able to prove that the couple has known each other for at least two years unless either religious or cultural norms prohibit the meeting of spouses before marriage. They must also prove that they are legally able to marry, including being of legal age and that any prior marriages ended due to annulment, divorce, or death of a spouse. Specific paperwork showing evidence of each qualification may be necessary.

Students enrolling in a full course of study at an approved U.S. university are eligible for an F-1 visa, allowing them to remain in the country for their studies. The visa also gives students access to Optional Practical Training, or OPT. After completing their first year of studies, students with an F-1 visa can apply to work temporarily for an organization that directly relates to their course of study in the U.S.


Each eligible academic institution has a designated school officer who can assist students who would like to receive or extend their OPT.


To receive this type of visa, students must show that they are qualified for the course, have strong ties to their home country with no desire to leave it permanently, have the desire to study at an established academic institution, are fluent in English, and can financially support themselves for the duration of the program, as they will be unable to work while they are in the U.S.


Students wishing to acquire an F-1 visa must apply to a U.S. academic institution with Form I-120, which includes information about the university selected and the student’s housing plans. Once accepted, students will be issued an I-120 document and can move on to the interview portion of the application. The interview must be scheduled with a U.S. embassy or consulate, and there is a $200 fee. Students must show their I-120, passport, and financial documentation during the meeting. They will also answer questions about their plans regarding their education, financial support while in school, and return to their home country.


After receiving their F-1 visa, students may enter the U.S. no more than 30 days before the date listed on their I-120 form.


People who want to visit the U.S. to pursue vocational or non-academic studies can apply for an M-1 visa. However, M-1 visa holders cannot work during their studies in the U.S. and must demonstrate that they have enough financial support to maintain their living costs and tuition.


M-1 visa recipients must be enrolled in a full course of study with a defined goal and take place at a school where 12 semesters constitute full-time enrollment. One example of an approved course of study would be obtaining a degree on a specific topic from a community college. Schools whose credits are accepted by at least three institutions of higher learning, are DSO certified and require 18 hours of weekly attendance, or follow a vocational curriculum and require class attendance that will help the student graduate on time can qualify for M-1 visas.


To apply for an M-1 visa, students must show that they have medical insurance and can support themselves while studying financially. They must also meet the eligibility requirements of the school they would like to attend. Meeting these requirements will enable the student to receive an I-20 form from the school, which is necessary to receive an M-1 visa. Students must also fill out several other forms, provide photos, and pay a non-refundable application fee. As with the J-1 visa, applicants must prove that they have strong ties to their home country and intend to return after completing their studies.


Parents must show proof of the relationship between them and the child, such as a birth or adoption certificate, and prove that the child’s financial needs will be met and that any other living parents of the child consent to the child’s move to a different country.


After the children have moved to the U.S., they can apply for a green card.

Immigration Attorney Assistance

Applying for a visa can be a difficult and sometimes confusing process. It can be helpful to consult with a licensed attorney who can help you choose the correct visa, correctly complete the necessary forms, and collect the necessary supporting documents for each type of visa. The attorneys at Johnson & Masumi have years of experience and can assist you with applying for each type of student visa.

Contact us online or call us at (703) 506-1400 to request a consultation.