Even non-citizens of the United States have certain rights when they are residing in the country. In other words, these basic rights maintain their validity regardless of immigration status, country of origin, or citizenship. Moreover, there are certain rights, responsibilities and limitations that apply specifically to student visa holders. Being aware of these rights is critical to ensure your visa remains valid and that your stay in the United States is both lawful and productive. In this brief legal guide, we will explore some of the main protections, privileges and allowances to pay close attention to as you pursue your academic career in the U.S.
Every person within U.S. borders is guaranteed basic constitutional protections, regardless of their immigration status. These include due process under the law, equal protection, and freedom from unlawful discrimination. Further, you are protected with freedom from illegal search or seizure. In other words, a law enforcement official must have a subpoena or warrant in order to search your property. You also have the right to contact your country’s consulate during your studies in the U.S. These rights help ensure your safety and fair treatment while in the United States. If you believe these rights are being violated, you have several avenues for seeking assistance and redress, such as contacting your Designated School Office (DSO) or filing complaints with relevant authorities.
Student visa holders maintain specific employment privileges, including the ability to work on campus for up to 20 hours weekly during academic terms and full-time during breaks, with proper DSO authorization. On-campus work includes jobs at university-operated facilities such as libraries, research centers, cafeterias, and administrative offices. You can begin on-campus work immediately upon starting your program, as long as you have received DSO authorization. In general, student visa holders in the U.S. cannot take on off-campus employment opportunities. However, in cases of economic hardship, you may be eligible to apply for off-campus work authorization through the United States Citizenship and Immigration Services (USCIS). Keep in mind that if you choose to work without proper authorization, you may be deported from the country.Â
CPT allows you to gain practical experience through internships, cooperative education, or other work programs that are integral to your curriculum. This training must be related to your major field of study and be approved by your DSO before you begin. To qualify, you must have completed one full academic year of study, though certain graduate programs with required immediate internships may be exempt from this requirement. CPT can be part-time (20 hours or less per week) or full-time (more than 20 hours per week). It should be noted that using 12 months or more of full-time CPT eliminates your eligibility for OPT, a type of training that will be explained in the next section of this guide.Â
OPT provides an opportunity to work in your field of study for up to 12 months after completing your degree. In some cases, you may be able to begin OPT before completion of your studies during an annual vacation or leave term. STEM degree holders may be eligible for a 24-month extension. You must apply for OPT through USCIS with DSO recommendation, and work must be directly related to your major. The application process should begin several months before your intended start date. Throughout your OPT period, maintaining accurate employment records and complying with reporting requirements is essential to preserve your status.
F-1 visa holders may have their immediate family members (spouse and children under 21) join them in the U.S. under F-2 status. These dependents receive their own set of legal provisions, including the ability to study at the K-12 level. F-2 spouses may only enroll in part-time recreational or vocational studies. However, F-2 spouses who wish to pursue full-time academic studies must change their status to F-1. Consult with an experienced immigration attorney for more information on changing an immigration status.
Every individual has the legal right to receive emergency medical care regardless of immigration status. While health insurance is not strictly required in order to apply for an F-1 student visa, it may be demanded from your specific academic institution. This coverage typically allows the student access to medical services through their educational institution's health facilities or private healthcare providers. Additionally, some campus health centers offer preventive services like immunizations, annual check-ups, and health education programs designed to help international students navigate the U.S. healthcare system.
If you are unhappy at your current college or university, keep in mind that you are able to transfer to another SEVP approved school without jeopardizing your visa status. Begin by researching and gaining admission to another SEVP-certified institution. Once accepted, notify your current DSO of your intent to transfer and provide your acceptance letter from the new school. Your current DSO will then update your SEVIS record and set a transfer release date, typically aligned with the completion of your current term or program. During the transfer process, you must maintain full-time enrollment at your current institution until the official transfer release date.Â
This legal guide contains just a few examples of some of the critical rights and limitations relating to student visa holders in the U.S. For personalized information, we highly advise booking a consultation with an experienced legal expert, Attorney At Law.
