Student (F) & Exchange (J) Visas

The F-1 visa applies to individuals pursuing full-time academic study at accredited U.S. institutions—ranging from universities and language programs to high schools. Applicants must demonstrate sufficient financial resources, maintain a foreign residence, and intend to return home after completing their studies. F-1 visa holders are typically authorized for on-campus employment and may pursue optional practical training (OPT) or curricular practical training (CPT) under strict regulations.

The J-1 visa supports cultural and educational exchange by allowing participants to engage in specific programs such as research, teaching, internships, or medical training. Unlike the F-1, the J-1 category is sponsored by a U.S. government-approved organization or institution. Many J-1 holders are subject to a two-year home residency requirement, which mandates returning to their home country before applying for certain U.S. visas or permanent residency—unless a waiver is granted.

Our attorneys assist clients in assembling complete and compliant visa applications. This includes preparing the Form I-20 (for F-1) or Form DS-2019 (for J-1), verifying school and program eligibility, and providing guidance on financial documentation and intent statements. We ensure that every submission meets both Department of State and USCIS standards, minimizing the risk of administrative delays or rejections.

Once admitted, F-1 and J-1 holders must strictly adhere to visa conditions. SJKP LLP provides ongoing counsel on maintaining full-time enrollment, address reporting, employment authorization, and travel re-entry. We also assist in reinstatement petitions for students who fall out of status—helping them regain lawful presence without jeopardizing future immigration options.

Educational institutions and program sponsors bear legal obligations under SEVIS (Student and Exchange Visitor Information System) regulations. Our firm advises schools, universities, and research organizations on SEVP certification, data accuracy, and reporting requirements. We help administrators implement compliance systems that align with Department of Homeland Security (DHS) expectations, safeguarding institutional integrity and student welfare.

F-1 visa holders may apply for Optional Practical Training (OPT), allowing up to 12 months of employment directly related to their field of study. STEM graduates may qualify for a 24-month STEM OPT extension, provided their employer participates in E-Verify and complies with specific training requirements. SJKP LLP assists with both initial and extension filings, ensuring that work authorization aligns with immigration rules.

J-1 students and researchers can pursue Academic Training (AT), which permits employment or practical experience within their program field. We advise on timing, duration, and sponsor approvals, as exceeding limits can result in status violations or ineligibility for future visas.

Many F-1 and J-1 visa holders later transition to other U.S. statuses—such as H-1B specialty occupation visas, L-1 intracompany transfers, or even permanent residency. SJKP LLP provides strategic counsel on timing and eligibility, particularly for those subject to the J-1 two-year home rule, where waiver applications (Form I-612) may be necessary before pursuing long-term U.S. employment or immigration benefits.

If an application is denied or a student falls out of status, immediate legal action is critical. Our attorneys assess the cause, prepare motions for reconsideration, and develop reinstatement strategies. For J-1 holders facing residency requirements, we assist with waiver petitions based on hardship, persecution, or no-objection letters.

We represent academic institutions in DHS and State Department audits, ensuring institutional compliance and defending against allegations of SEVIS mismanagement. SJKP LLP’s counsel helps schools maintain certification and protect their ability to enroll or host international students.

Student and exchange visa programs often shift with federal policy changes. Our team continually monitors new USCIS and State Department regulations to help clients adapt. Whether it’s changes to OPT authorization, visa duration, or SEVP guidance, we ensure that clients remain compliant and strategically positioned for success.