Visa – Frequently Asked Questions

M-1 Visa (for Vocational or Non-Academic Students). The M-1 visa is a nonimmigrant visa for international students who wish to pursue a course of study that is geared towards a job. Spouses and dependents of M-1 students are classified as M-2 non-immigrants. Note: Unfamiliarity with the M-1 status on the part of US Consulates, Customs & Border Protection (CBP) and other agencies can cause various errors that impact the M-1 student. Be sure that any documents and stamps that you receive (visa, I-94 card, entry stamps) are marked as “M-1”.

You are required by immigration rules and regulations to check in at the International Student Services Office when you arrive on campus for your program. You must bring your passport, I-94 printout, and I-20 form. If you have dependents that came to the US with you, they are required to check in at the same time. Failure to check in will cause your immigration status to be terminated by the SEVIS system.

The spouse and unmarried children under 21 years of age may come with the M-1 student to the United States in M2 non-immigrant status. The M-1 student must provide a copy of all dependents' passports with his/her own request for the M-1 I-20 and must also provide financial support documentation ($2500 per dependent; $7500 max). They should go with the M-1 student to the US embassy or consulate to apply for the M2 visa at the same time the M-1 is applying for his/her own visa. Dependents should be well prepared to evidence their relationship to the M-1 student (marriage license, birth certificates, etc.). (If the spouse and/or children will follow the M-1 student at a later date, the M2 applicants should provide the US embassy with a copy of the M-1’s Form I-20). The M2 status is dependent upon on the M-1 status; this means that if the M-1 student changes his/her status, the M2s' must also change their status and if the M-1 student loses his/her status, the M2s' status is also lost. When the M-1 student leaves the United States at the end of his/her program, the M2s must also leave.

As M visa holders are not allowed to accept employment (except during practical training), they are not required to file income tax. However, all M visa holders are required to file with the Internal Revenue Service (IRS) if such M student is engaged in practical training and is receiving any form of remuneration.

I-94  is the Arrival-Departure Record (I-94 ) is used to document a traveler’s admission into the United States and departure. The I-94 includes date of arrival, visa classification and the date the authorized stay expires. (https://i94.cbp.dhs.gov/I94/#/home)

The M-1 Vocational Student visa differs from the F-1 Academic Student visa in that M-1 Visas are issued for vocational programs that prepare students for a job while F-1 visas are for programs in Language, Arts, Science, Religion or Music. Further, (a) M-1 students can only be authorized to reduce course load for a medical reason; for no more than for a maximum of 5 months, (b) M-1 students cannot take online courses or distance learning courses as M-1 students are required to be physically present for classes, (c) M-1 students can only attend school with extensions for a maximum of 3 years, which permission must be granted by the Department of Homeland Security (using the form I-539) prior to the expiry of the visa, (d) M-1 students cannot accept employment, except practical training for a maximum period of 6 months, (e) M-1 students cannot change status to “H” status if sole basis of “H visa” was training or education received as M-1 student - none of these regulations apply to M2 visas, and lastly, (f) M-1 students can travel to Canada and/or Mexico on an expired visa and return to the United States, but cannot travel to any of the adjacent islands on an expired visa.

Students (and dependents) may leave the US and return as long as they are within their program dates. Travelers must have a valid passport, valid visa and a travel signature on their I-20 to be eligible to re-enter the US. If a M-1 student is traveling to Canada and/or Mexico ONLY and his/her visa has expired, he/she will be allowed to re-enter the US as long as he/she has been gone for less than 30 days. A M-1 student will not be allowed to re-enter on an expired visa if he/she has visited any of the adjacent islands (Bahamas, Puerto Rico, etc.).

Dependents on a M-2 visa may study while in the United States.

As per immigration rules and regulations, all students and exchange visitors are required to report any address changes to the Office of International Student & Scholar Services within 10 days of the move. Failure to report may cause you to be out of legal immigration status.

M-1 students and their dependents are not allowed to accept employment. However, a M-1 student may apply for practical training up to 60 days before the completion date of his/her program. Practical training must be in the field of the student's study. If approved, the student will be allowed to have one month of practical training for every four months of study he/she has completed. The student is limited to a total of six months practical training time.

M-1 students (and their dependents) are allowed to stay in the United States for one year with two additional years of extension if study in the program is required OR for as long as they are enrolled as a full-time student in a vocational program (plus 30 days after their program ends to prepare for departure), whichever is shorter. Students (and dependents) should not travel outside the US while in their 30-day grace period as they will not be allowed to re-enter the United States.

An M-1 student whose visa has expired and who needs a new visa to re-enter the United States after a temporary absence must apply for a new visa at a US embassy or consulate. It is possible to renew a visa inside the United States. It is often possible to apply for and apply for a new M-1 visa in a foreign country other than the student's own (i.e., in some other country), however, the M-1 student may face more stringent requirements than if the student were applying in his/her own country. In addition to proving eligibility, the M-1 student may have to convince the consular officer that there is a legitimate reason for making the visa application outside the student's own country of citizenship. This can be time consuming. Be aware that if a new visa is not granted, you will not be allowed back into the United States.

Students may apply for a change of status to most categories of nonimmigrant visas.. M-1 students are not allowed to change their status to F-1 student status. M1 students may change to H work status. However, they are not eligible for a change to H status if the training received in the USA as an M-1 student provided the qualifications for the “H” status that is being applied for.

After receiving an immigration form I-20 from Access Institute, a student should make an appointment at his/her nearest US Consulate to apply for a student visa. Before you go in for your appointment, you are required to pay a SEVIS fee (www.fmjfee.com). You will need your I-20 when paying the fee as you will need information from the I-20 to input into the fee receipt system. After you pay the SEVIS fee, you need to print out the receipt. While appearing for the visa appointment, you need to take your I-20, your passport, SEVIS fee receipt, proof of funds, proof of ties to your home country, and any other specific documents that your consulate requires. It is extremely important that you are issued the correct visa – M-1. Check the visa placed on your passport before you leave the Consulate - if there is an error, bring it to the consular’s attention. More information about the visa application process can be found on the US Department of State website. Note: Make your travel plans to come to the US after you have received the visa endorsement from the US embassy.

All students (and their dependents) are required to keep their passports valid. If you need to renew your passport while in the United States, please contact your country’s embassy for information regarding how to renew your passport, as well as locations of your country’s embassies or consulates in the United States.

An M-1 vocational student is admitted for no more than one year at a time (upto a maximum of three years). A student must apply for an extension of his/her program if it will last for more than a year. This extension should be filed no later than one month before the current end date shown on the M-1's I-20.  An M-1 student may receive extensions up to three years for the total program.

If you cannot arrive within 30 days of the “begin date” listed on your I-20, you should request a deferral of your program. The SEVIS system automatically cancels immigration records of students who do not check in at their program within 30 days of the begin date. (If a student arrives more than 30 days after the “begin date”, your immigration record has been canceled, but the port of entry official allows the student to enter, it does not mean that you are in legal status – it means that you have to file for reinstatement. This is a real headache for all involved (money & paperwork).

Once you receive your visa endorsement, you are allowed to enter the US up to 30 days before the start date on your I-20. Do not try to enter more than 30 days before that date as you will be refused entry and asked to return home.

If you fall out of legal immigration status, you will need to apply for reinstatement as quickly as possible OR leave the United States and return with a new I-20 immigration document (this may or may not require a new visa.) There is no guarantee that a reinstatement will be granted. If you apply for reinstatement while staying in the US and the reinstatement is denied, you are required to leave the United States immediately.