F-1 (I-20) vs. J-1 Student (DS-2019)
F-1 Visa
To enter the U.S. in F-1 status, a student must be issued a form I-20 (Certificate of Eligibility) by International Student and Scholar Advising of Penn State Global. ISSA is required to determine if a student has financial resources to attend school and pay for living expenses without resorting to illegal employment or relying on public funds.
The F-1 visa is a non-immigrant visa; therefore, a student must prove to the U.S. consulate there are ties to the home country and that the student will not remain in the United States upon completion of the academic program. In addition, the program must be a full-time program.
In general, F-1 students must do the following:
- Register full-time each fall and spring semester although there are some federal regulations that allow for a Reduced Courses Load (RCL). The RCL Form must be approved by an international student adviser in advance before the semester of enrollment or before the student drops below the number of credits required to maintain visa status.
- Work no more than 20 hours per week on-campus.
- Not work off-campus without approval from ISSA or recommendation from ISSA and approval from U.S. Citizenship and Immigration Services (USCIS).
- Report their non-U.S. address, local address and all telephone numbers (local, permanent, cell, and emergency).
- Keep their I-20 and passport valid at all times.
- Maintain health insurance. Health insurance is mandatory at Penn State.
- Not enroll for more than 3 credits of distance education or online courses to be counted towards full-time enrollment requirement.
- Must enroll full-time in summer if it is the first semester. Otherwise, summer is a vacation period as long as there is enrollment in the following fall semester.
Dependents (spouse and children) can also obtain an I-20 for F-2 status. F-2 dependents may not work under any circumstances. F-2 children may attend kindergarten through high school full-time. F-2 children and spouses may attend college part-time only.
J-1 VISA
Another visa category for study is the J-1 (student category). The Certificate of Eligibility for J status is the DS-2019, and the J-1 is also a non-immigrant visa status. While the rules for the J-1 are sometimes similar, there are differences. The DS-2019 cannot be issued to a student with private funding unless they attend under an agreement such as an exchange agreement or are extending their program when they were on non-private funds.
In general, J-1 students must do the following:
- Register full time each fall and spring semester. There are some federal regulations that allow for reduced course loads, but these must be approved by an international student adviser in advance. Students admitted to Penn State for a summer start date must enroll in summer.
- Work no more than 20 hours per week on-campus with authorization.
- Cannot work off-campus without approval from ISSA (if DISSA issued the DS-2019 to the student) or the sponsor (i.e., IIE) who issued the DS-2019
- Report their non-U.S. address, local address and all telephone numbers (local, permanent, cell, and emergency).
- Keep their DS-2019 and passport valid at all times.
- Maintain health insurance.
- Not enroll for more than 3 credits of distance education or online courses to be counted towards full-time enrollment requirements.
- Students must enroll as a full-time in summer if it is their first semester.
However, there are two important differences
- Those in J-1 status may be subject to what is referred to as the "two-year home residency requirement" or subject to 212(e) of the Immigration and Nationality Act. The two-year home residency requirement means that an individual must return home for two years before applying for the H, L, or permanent residency visas. In addition, those subject to the two-year home residency requirement cannot change status to another within the U.S. A J-1 becomes subject to 212(e) by coming from a country and studying a field on the skills list, being sponsored by the U.S. government or the home country government, or studying in a program for graduate medical education.
- Dependents in J-2 status may apply for work permission and go to school as a part-time or full-time.