STUDENT
VISAS – WHAT CONSULS LOOK FOR
 Evidence
of Residence Abroad
The consular officer may
not issue a student visa unless satisfied that the applicant:
(1) has a residence abroad,
(2) has no intention of
abandoning that residence, and
(3) intends to depart from
the United States upon completion of the course of study.
Applicants generally establish
their ties abroad by presenting evidence of economic, social, and/or family
ties in their homeland sufficient to induce them to leave the United States
upon the completion of studies.
Evidence
of English Proficiency
If the alien's Form I-20
indicates that proficiency in English is required for pursuing the selected
course of study and that no arrangements have been made to overcome any
English-language deficiency, the consular officer must determine whether
the alien has the necessary proficiency. To this end, the officer must
conduct the visa interview in English and may require the applicant to
read aloud from an English-language book, periodical, or newspaper, and
to restate in English in the applicant's own words what was read. The applicant
may also be asked to read aloud and explain several of the conditions set
forth in the Form I-20.
In the event that the applicant's
language proficiency appears marginal, the officer may refer the applicant
for language testing. Tests for this purpose will ordinarily be carried
out by appropriate local groups, such as qualified host-country facilities.
If the latter are used, the consular officer should be satisfied that the
testing standards are sufficiently strict. However, if the local situation
requires the consular officer to determine the language proficiency of
applicants, materials such as the Test of English Language Proficiency
(TEPL) may be available at the post. If not, they may be requested from
the Department, through the post’s Public Affairs Officer.
Determining
Financial Status of F-1 and M-1 Students
F-1
Student
The phrase "sufficient funds
to cover expenses" referred to in 41.61(b)(2) REGS/STATS means the applicant
must establish the unlikelihood of either becoming a public charge as defined
in INA 212(a)(4) or of resorting to unauthorized U.S. employment for financial
support. An applicant must provide documentary evidence that sufficient
funds are, or will be, available to defray all expenses during the entire
period of anticipated study. This does not mean that the applicant must
have cash immediately available to cover the entire period of intended
study, which may last several years. The consular officer must, however,
require credible documentary evidence that the applicant has enough readily
available funds to meet all expenses for the first year of study. The officer
also must be satisfied that, barring unforeseen circumstances, adequate
funds will be available for each subsequent year of study from the same
source or from one or more other specifically identified and reliable financial
sources.
M-1
Student
All applicants for M-1 visas
must present evidence that they have immediately available to them funds
or assurances of support necessary to pay all tuition and living costs
for the entire period of intended stay. Additionally, consular officers
are authorized, at their discretion, to require evidence of payment of
round trip transportation in advance of the alien's travel to the United
States.
Funds
From Source(s) Outside the United States
Whenever an applicant indicates
financial support from a source outside the United States (for example,
from parents living in the country of origin), the consular officer must
determine whether there are restrictions on the transfer of funds from
the country concerned. If so, the consular officer must require acceptable
evidence that these restrictions will not prevent the funds from being
made available during the period of the applicant's projected stay in the
United States.
Affidavits
of Support or Other Assurances by an Interested Party
Various factors are important
in evaluating assurances of financial support by interested parties:
1. Financial support to
a student is not a mere formality to facilitate the applicant's entry into
the United States, nor does it pertain only when the alien cannot otherwise
provide adequate personal support. Rather, the sponsor must ensure that
the applicant will not become a public charge or be compelled to take unauthorized
employment while studying in the United States. This obligation commences
when the alien enters the United States and continues until the alien's
departure.
2. The consular officer
must require documentary evidence to resolve any doubt that the financial
status of the person giving the assurance is sufficient to substantiate
the assertion that financial support is available to the applicant.
3. If the person giving
the assurance is in the United States in nonimmigrant status, the consular
officer must examine the evidence presented with exceptional care. Is the
sponsor's financial situation sufficient to provide the funds without need
to resort to unauthorized employment? Is it likely to worsen during the
period of the commitment, possibly compelling the applicant or the sponsor
to resort to unauthorized employment? Will the nonimmigrant sponsor remain
in the United States at least as long as the student?
4. The consular officer
must also carefully evaluate the factors which would motivate a sponsor
to honor a commitment of financial support. If the sponsor is a close relative
of the applicant, there may be a greater probability that the commitment
will be honored than if the sponsor is not a relative. Regardless of the
relationship, the consular officer must be satisfied that the reasons prompting
the offer of financial support make it likely the commitment will be fulfilled.
Funds
From Fellowships and Scholarships for F-1 Student
A college or university may
arrange for a nonimmigrant student to engage in research projects, give
lectures, or perform other academic functions as part of a fellowship,
scholarship or assistantship grant, provided the institution certifies
that the student will also pursue a full course of study.
Educational
Qualifications for F-1 and M-1 Students
Consular officers are not
expected to assume the role of guidance counselor to determine whether
an applicant for an F-1 or M-1 visa is qualified to pursue the desired
course of study. The institution will satisfy itself on the student's abilities
before accepting the applicant for enrollment. Consular officers should,
however, be alert to three specific factors in this regard:
(1) the applicant has successfully
completed a course of study equivalent to that normally required of an
American student seeking enrollment at the same level.
(2) cases in which an applicant
has submitted forged or altered transcripts of previous or related study
or training which the institution has accepted as valid, and,
(3) cases in which an institution
has accepted an applicant's alleged previous course of study or training
as the equivalent of its normal requirements when, in fact, such is not
the case.
Relationship
of Education or Training Sought To Existence of Ties Abroad
The fact that a student’s
proposed education or training would not appear to be useful in the homeland
is not, in itself, a basis for refusing an F-1 or M-1 visa. It may, however,
be a relevant factor in the overall assessment of the likelihood of the
alien’s return. This may be particularly true where F-1 coursework is advanced
far beyond local needs or in certain M-1 cases. If an M-1 student wants
to pursue a vocation that does not (and for the likely future will not)
exist in the homeland, the prospect of his/her voluntary departure from
the United States is diminished unless the applicant can show the intention
to work elsewhere abroad following the training.
© U.S. State Department
2000
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