First One (F-1)
-Sudhir Shah, Advocate, Mumbai
It is a myth that the student visa of USA are difficult to obtain. Those who are not aware of the requirements to receive Non Immigrant category F-1 Visa of USA fail in obtaining the same and hence focus their attention for higher studies to other countries such as Australia, New Zealand and Singapore. They fail to appreciate the advantages which USA Universities offer. Former President of Pakistan Late Smt. Benazir Bhuto and our present finance minister both are the products of USA Universities. About 20 present and 165 former heads of different states of the world had taken their higher education in USA. Despite the dollar becoming week USA still is a land of plenty and opportunity. It offers foreign student’s avenues to fulfill their dreams.
To be eligible to be the First One to receive the Student Visa of USA an Indian Student should obtain from a recognized USA Universities a Computer Generated, The Student Exchange Visitors Information System (SEVIS) mode Form I-20, score as much high score in his Test Of English as Foreign Language (TOEFL exam). Also secure high grades in GRE and / or GMAT test, display the availability of sufficient funds to meet with the expenses of tuition fees, lodging and boarding and miscellaneous expenses in USA, reveal his Non Immigrant intention and show his strong family and financial ties in the home country.
It is not necessary that the best student would receive the student visa of USA all the time. It is the student who is best prepared for the visa interview who received the visa majority of the time.
Since the events of September 11, 2001 the Open Door policy of USA has turned into Zero Tolerance attitude. A foreigner traveling to USA on a student visa can work there on campus whilst pursuing his study for 20 hrs in a week. If there is an urgent necessity he may also be allowed to work off campus and for a longer duration. Upon completion of each course he has the liberty to work for a year under Optional Practical Training (OPT), the privilege available to foreign student. After completion of his studies and OPT period he can if sponsored by a US Employer and change his status from student (F-1) to a specialty occupational worker (H-1B). The H-1B status will permit him to work in USA for 6 years. During this period his employer can sponsor him for a Green Card. A foreign student if he is possessing extra ordinary capability in the field of his education has an opportunity to obtain an O-1 status and then a Green Card. He can also on marrying a USA citizen receive a Green Card. After receiving a Green Card upon completion of certain formalities and expiry of the prescribed period a foreign student can also acquire USA citizenship. Whilst in student’s status or on H-1B or O-1 status, the student can invite his spouse and unmarried children below the age of 21 years to reside with him in USA on F-2 or H-4 or O-2 status. They too can acquire Green Card alongwith their spouse or parents. Once a foreign student obtains the citizenship of USA he becomes eligible to sponsor his spouse, children, parents and siblings for Green Card. In view of all this facilities enabling a foreign student to ultimately become a USA Citizen, the Consular Officers at the US Consulate are extremely cautious whilst issuing a student visa. However USA government have establish their embassys and consulates to grant visas and not to deny them. Thus if a foreign student possesses the requisite qualifications to receive a student visa of the USA, the Consular Officer will certainly grant him the same. Ronal Reagon the 40th President of USA had once said “ America is too great for small dreams” so all Indian students who dream big dreams should get prepare to receive student visa of USA. If they fail at the first instance they should not give up but should try to acquire the necessary qualifications. Students visa of USA would then be within their reach.