F1 or J1?

[UK Tom]

I was recently accepted into a political science MS in Washington DC. Unfortunately I wasn't offered an RA position as they are reserved for PhD in my department. Now I'm trying to find ways of paying for my studies, by working outside of lectures. This hit a bit of a brick wall today when I discovered that students with F1 visas cannot work off campus.

Can all students apply for a J1? If so what are the limitations?

Is there any kind of loop hole for F1 students wanting to find work?

There appears to be a massive incongruence between the visa process (Students must not work they are here to study) and my department (all students are expected to work in order to support their studies).

Any ideas?

[Bumblebee]

I hope I can help you with this.

The F1 visa is a student visa and allows you to work ON CAMPUS for 20h/week and 40h/week during breaks and recesses. You're not allowed to work off-campus.

The J1 visa is an exchange visitor visa and can have different categories. But, since you're going to be a grad student, you'll most probably get the student J1 visa, which, as the F1 visa, only allows you to work on campus, not off campus. Moreover, many times if you have the J1 visa you'll be subject to the 212 rule (AKA two years residence rule), that obliges you to live in your home country for two years after the end of your program before applying for some US visas (I'm not sure which, though). Sometimes, especially if you don't receive any money from the US government or your own government, you're waived that rule, but you should make sure you won't be subject to that rule before getting the visa.

I think that's how it works, but if somebody knows more details about it, all comments will be welcomed!

By the way, I've been here with a J1 visa (not subject to the rule) and I'm going to get the F1 visa, to avoid all the possible restrictions.

[kaykaykay]

I believe that the F1 work on campus rule only applies for 1 year, but you have to check this. You can get permission to work in a training program if it is part of your curriculum. In my experience do not expect your school to tailor their correspondence to international students, or to know about visa regulations. I think you should ask the international office of your school, they know the rules and backdoors inside out and probably have valuable insights for your case specifically. I would take the US immigration seriously.

[dant.gwyrdd]

Moreover, many times if you have the J1 visa you'll be subject to the 212 rule (AKA two years residence rule), that obliges you to live in your home country for two years after the end of your program before applying for some US visas (I'm not sure which, though).

You're usually subject to the rule if you're either partially or fully funded by the US gov't (esp. USAID) and/or the training/education you're pursuing on the J visa is on your country’s skills list (i.e., your country needs you! ).

As far as I know, the two year rule makes you ineligible for immigration and dual-intent visas (like the H visas), but you can still get a B (tourist), F (student) or even another J (exchange) visa (which doesn't remove the requirement, you still have to complete your initial 2 year residence for it to go away).

Edited May 19, 2010 by dant.gwyrdd

[Bumblebee]

You're usually subject to the rule if you're either partially or fully funded by the US gov't (esp. USAID) and/or the training/education you're pursuing on the J visa is on your country’s skills list (i.e., your country needs you! ).

As far as I know, the two year rule makes you ineligible for immigration and dual-intent visas (like the H visas), but you can still get a B (tourist), F (student) or even another J (exchange) visa (which doesn't remove the requirement, you still have to complete your initial 2 year residence for it to go away).

Thanks for the clarification! I knew there were some visas you couldn't get with that rule, I just didn't know which ones.

[UK Tom]

Thanks everyone for your thoughts.

After talking to various people people I am going to take an F-1 visa and hope my charming english accent lands me a desk job in the university. After talking to The Bank of Dad it appears my need to get a job isn't absolute but more common sense. Additionally, my course has the option to contribute practical work as final year module. So for me, finding a paid and relevant job has become less of an issue.

These also contributed to my decision:

• F-1s are far easier to obtain.
• I have read various horror stories of refusal to waiver the J1 return system.
• With an F-1 you can apply for a 12 month extention to find work after graduation.

[ruatipoki]

Do you know how long the F1 lasts for

I am looking at PhD entry after my Mphil finishes in Mid 2011

Much appreciated

[adinutzyc]

The F1 lasts for the estimated duration of your program (am on an F1 for my undergrad right now). You can also stay in the US and work on an OPT in your field of major for another year (a little bit more for sciences)

[eklavya]

Usually, F1 lasts for 5 years these days. But as long as your I20 is valid and you haven't done anything to jeopardize your SEVIS agreement, you can stay in the US as long as it takes to graduate. After you graduate, I believe you are given 60 days grace period to pack your things and leave the country.

As for working off campus on F1, you certainly can - as people discussed about CPT and OPT above. For example, if you find a job off campus which is related to your field of study, and if your prof is cool with you working outside, you can certainly make some money that way. However, you do need approval from the international services at your school.