Most schools in the United States have reached summer break on their calendars. If you are an F-1 or M-1 student, it is important to understand how to maintain your status during the summer. These are important reminders for F-1 students:

• Talk to your designated school official (DSO) about your eligibility to take annual vacation.
  • If taking annual vacation, receive approval from your DSO before you travel outside of the United States. Your DSO will sign your Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” which you need to bring with you to the port of entry when you return to the United States.
  • Make sure your passport and visa, if necessary, are valid if you plan to leave the United States.
• If you are not eligible for annual vacation or choose to continue your coursework instead, the same rules for taking a full course of study and maintaining status still apply as during a regular school term.
• If you have employment authorization and are on your annual vacation during the summer, there is no limit to the number of hours you can work. If you have enrolled in a full course of study, however, you may only work 20 hours per week. Talk to your DSO about your options, and see if you are eligible for employment.
• If your program of study is completed, you must depart the United States no later than 60 days after your program end date. However, you may remain in the United States if any of the following apply:
  • You will be beginning a new program of study (either at the same school or after having the DSO transfer your record to another school)
  • You are engaging in post-completion optional practical training (OPT)
  • You are on cap gap as your potential employer has applied on your behalf for a change of status to H-1B status

Here are some important reminders for M-1 students:

• You do not have annual vacation.
• You must remain enrolled in a full course of study or be engaged in practical training.
• If you have reached the end of your program of study (including the end of any practical training), you must depart the United States no later than 30 days after your program end date.

If you have any questions about maintaining status this summer, ask your DSO. If you are a current student presently maintaining your status, tell us how on Facebook or Twitter.

Sources:

• 8 CFR 214.2(f)(4)
• 8 CFR 214.2(f)(5)(iii),(iv)
• 8 CFR 214.2(f)(9)(i),(ii)
• 8 CFR 214.2(f)(10)(ii)
• 8 CFR 214.2(m)(5)
• 8 CFR 214.2(m)(10)(iii)