THE M-1 VISA FOR NON-ACADEMIC OR VOCATIONAL STUDENTS

The U.S. issued just under 10,000 M-1 visas in 2017. It allows qualified, full-time students to complete a program at a vocational or other recognized non-academic institution (other than a language training program). Full-time means twelve credit hours a semester, at a more traditional-style school (community or junior college), or twenty-two clock hours of practical instruction/work. The program has to be pre-approved by the U.S. government (there is an exhaustive list online). You must show that you can support yourself financially, whether that is with your own assets, or with financial help from your parents or a group/organization. You cannot work while on an M-1 visa, so this is important. The visa is valid for up to one year, with extensions for up to three years. You can further extend your status, for up to six months for practical paid experience (you need at least four months in the program, for every month of authorized work). So technically you could stay in the U.S. for three and half years on an M-1 visa.

WHAT ARE THE INITIAL STEPS?

First, you must apply and be accepted to a school or program. The immigration process cannot start until you have an offer of acceptance, that you have accepted (congrats!). Then, the institution will issue you an I-20. This form will contain all the information the Student and Exchange Visitor Information System (SEVIS) will need to keep track of your visa, throughout your time in the U.S. This information includes biographical information about you (name, birth date, citizenship, etc.), program details (start and end dates, program name), and how the student (you!) will pay for tuition and living expenses for either the year; or the end date (whichever comes first).

Next, it depends on where you currently live! If you are already in the U.S. and are transitioning to another status, you will possibly need to fill out an I-539. However, it may even be possible to become a student without filling out any additional forms! You should click here (for more information on student visas generally), and click here (for more information on changing or extending your status). However, most M visas are issued to people who are currently living abroad. If you are outside of the U.S., you apply at your local embassy, interview (within 120 days of your start date), and then enter the United States. You can enter no earlier than thirty days before your program starts, and you can only stay up to thirty days after your program ends  (after your program ends plus any optional training).

Maintaining your status is critical. Once you receive your visa, there are a few conditions in order to keep your visa, but they should be manageable.

• Have a full course load: At a community or junior college, this would mean at least twelve credit hours per semester. At a more hands-on program (where most of your hours are spent in a shop or a lab), you need at least twenty-two clock hours per week. Sometimes you can get permission from your institution for a reduced course load, but only for an illness or a medical condition.
• Have an accurate SEVIS record: If you realize your graduation date will be later than listed on your I-20, or if you need a medical extension, then you have to update that in the SEVIS system.

Can your family come? Your spouse and children can! They will get an M-2 visa, which is linked to your visa. If you get an extension, so do they; if you go out of status, so do they. M-2 spouses cannot work or enroll in an academic course load, but they can attend recreational or vocational classes. M-2 minor children can go to school K-12 (either public or vocational).

Optional Practical Training, what is it? It is a way for you to get paid, practical experience (in the subject matter you studied), for a limited amount of time after you graduate. You are eligible for one month of authorization for every four months you were studying in your program, up to six additional months. For example, if your program was exactly one year or twelve months, you would be allowed three months of authorization for paid work.

M-3 Visa for Commuter Students: If you are a Mexican or Canadian student who has been accepted to attend a non-academic or vocational school in the U.S., this visa might be better than an M-1 depending on where your school is. The idea behind this visa is to allow students who live close to the border, to commute to school in the United States. There are additional limitations, you cannot live in the U.S. at any time on this visa, and you cannot apply for status for family members. However it is an easier visa to obtain, since you do not need to prove financial support (because you will not be living in the U.S.),  and you can even attend school part-time on the M-3.

If you want to learn new practical skills for a career or profession in the U.S., then an M visa might be the best way! Please contact us to help make your process quick and smooth.