how to get study visa for U.S.

We have received many questions from people who would like to come to the U.S. to study .

The most common way to come to the U.S. is to be accepted by a U.S. school, get an I-20 from the school, and apply to the Embassy or Consulate for a student visa. Getting a high school student a visa is more complicated and I’ll discuss that in a different blog.

The Embassy explains the procedure at http://tokyo.usembassy.gov/e/visa/tvisa-niv-fm.html and it would be basically the same for other countries.

The problems we see are outside the normal system and are as follows:

• The student wants to visit some schools before applying to them, and wants to start school after being admitted and doesn’t want to go home right after acceptance

Many potential students don’t know what school they want to attend and, in this situation, the normal process is more difficult.

Of course, the potential students can come either on the visa waiver program (VWP) (or B2 tourist visa if he or she from a country not included in the VWP) and then return home, apply in the normal way, and return with a new student visa stamp and start school.

But, many don’t want to spend the money to fly home and wait.

There is another option.

The potential student can apply for a B-2 tourist visa and come to tour potential schools. Once accepted the student can file to change his or her status in the U.S. from tourist to student and can start school as soon as the requested change is approved by Immigration.

The next time the student leaves the U.S. they must return home and apply for a student visa stamp in the normal way, but they don’t have to do this before starting school.

There are a few important points about this option:

The student must make two trips to the Embassy, first to apply for the B-2 visa before coming to the U.S. and second, when he or she returns the first time after becoming a student. Some people don’t want to bother going twice.

• The student needs to tell the people at the Embassy his or her plans. If the Embassy staff approves the student’s plan they they will put some special notes on the student visa stamp. These notes can be important later.
• After the student gets accepted into the school he or she has to file a form (I-539) with Immigration in the U.S. by mail and wait until Immigration approves the request. This approval can take up to two to three months and there is no way to speed it up. The student can’t start school until he or she gets approved, thought they can wait in the U.S. for the decision. The student can’t work while waiting.
• This won’t work if the student comes to the U.S. on the VWP. The student has to get a B-2 visa from the Embassy before coming to the U.S.

I want to study, but the best place I want to go can’t accept foreign students. What can I do?

Generally, a potential student can’t go to a school if it cannot accept foreign students (this means give an I-20).

There is one exception. If the traveler can successfully explain to the people at the U.S. Embassy that he or she is coming to the United States primarily for tourism but will also incidentally enroll in a short course of study during their visit he or she can get a B-2 visa and attend the school.

The difficult is that there is no definitions of what “ primarily”, “incidentally”, or “short” mean so it is up to the judgment of the Embassy staff.

Two possible examples I have heard of that might work are:

• A visually-impaired student wanted to go for 9 months to a leading institute founded to help visually impaired people;
• Someone interested in French cooking as a hobby wishes to take a 3 months “restaurant” tour of the U.S. and attend a famous French cooking school to get some tips.

Neither the Institute nor the French school are authorized to accept foreign students so the normal option won’t work.

The potential traveler could apply to the Embassy for a B-2 visa explaining the purpose of the trip is primarily as a tourist and that they will spend a short time studying as a part of the trip and that study is not the main purpose of the trip.

If the Embassy accepts their idea they will give them a B-2 visa stamp with another special note on their stamp and the traveler can come to the U.S. and attend the classes.

This will option will not work if the traveler comes on the VWP.

We hope this helps you plan to come study in the U.S.