M-1 Visa for Students in Vocational & Technical Training in US

The M-1 visa is almost like a little brother to the main F-1 Student visa that allows a foreign student to study in the US in a technical or vocational capacity like with foreign language, hospitality, flight training, trades, etc. This is different to the F-1 visa which is mostly used for University education and even the J-1 visa which is used for Internships and High School Exchange programs.

The M-1 Visa has a lot of restrictions in that you can’t transfer to either the F-1 visa or the H-1B for workers within the US and while it has an Occupational Practical Training (OPT) program, it is far more restrictive than the one for F-1 visa students. The M-1 visa is for a maximum of one year although it can be renewed and they have a 30 day grace period for leaving following any approved OPT period.

The OPT period for M-1 Visa holders allows them to work/train for 1 month for every four months of study completed up to a maximum of 6 months with an employer. No other work can be done on or off campus while under M-1 visa status. To be eligible for the M-1 visa they need a signed I-20 form by usually the International Student Officer at the educational institution which they would present at the US Consulate during their interview. This means that during the US Consulate interview, proof of the student’s assets and ability to support themselves must be shown as part of the visa approval process.

To file for OPT within the US, the following is needed as well as the appropriate fees;

  • Cover letter explaining the student’s situation
  • Form I-765
  • $380 filing fee made out to Department of Homeland Security
  • Copy of visa and passport photo page
  • 2 passport photos
  • Copy of original I-20 and original financial documents
  • Current bank statement
  • Form I-539 (to do change of status)
  • Signed I-20 with OPT request (copies not permitted)
  • $290 filing fee made out to Department of Homeland Security
  • Copy of I-94 card, front and back

The M-1 visa often faces extra scrutiny as it has a known history of their students overstaying in the US, used by foreigners from countries that the US view as high risk and because of the flight training aspect is viewed as a security risk. However it is a good visa for a lot of people to experience life in the US temporarily without the onerous restrictive criteria.

Cj

Pros & Cons of a Foreigner Working in US

So many people from around the world desire to work in America and most of what we devote words to here relate to the Immigration reality of that process. Today we will largely focus on the major Pros & Cons of the professional worker in terms of daily reality vs. what you may be used to in your home country. Some of which will crossover with the US Immigration reality but a lot just the general benefits and issues with working in the US that are experienced by anyone working here that may be different to your life previously.

PROS:

1. Salaries and Potential For Earning Are Higher In Most Industries:  The US Dollar while not as strong as it used to be (meaning you don’t get quite the currency benefit you used too) is still the best currency to be earning in for most professions especially in areas like Technology, Finance, Entertainment, Biomedical/Health, Education, etc. where US companies dominate the world stage and then areas like Law where the earnings rates are astronomically higher. The reality is for the average professional worker they can negotiate and command a six figure salary ($100K+) far more easily, in far greater number, far earlier in a career and across a broader swath of professions than anywhere else in the world. There are countries like Singapore and Switzerland that have become havens for expats to earn a lot and the BRIC nations (Brazil, China, India and Russia) for fast growing opportunities and wealth but in all cases the relative proportion and raw totals of those earning the higher salaries are far smaller than the US and certainly harder to access for foreign citizens. When bonuses are added to package which can sometimes exceed the salary in sectors like Finance, the entire package can be very lucrative.

2. Benefits Paid For Like Healthcare: Often when we speak about healthcare it is the negative aspect of the US vs. other countries, however given that most salaried employees still have healthcare fully or almost fully paid for by their employer along with life insurance and in some cases expense accounts, travel allowances, transport benefits, etc. the total value of the salary package becomes even larger. Of course in other countries healthcare may be totally or largely free or already come out of some sort of single-payer tax on all incomes, however this benefit payout effectively puts the US worker almost on equal footing and higher than those countries like Australia which have a Public/Private system.

3. Tax: While the US doesn’t have the very low tax rates of Singapore or even more generous tax haven smaller nations like Monaco, it does have very low tax rates by world standards and depending on whether you live in states like Texas (which has no state income taxes), you can have very low overall taxation on your hard-earned income. Also as US has jobs in most industries it allows opportunities for all types of workers which does not exist in most of the lower tax nations of the world.

4. Equity: The way most Americans get to the very and hyper wealthy stage is not usually from salary but from equity. Many companies and particularly those in the Technology sector offer equity in the form of either grants or options to employees as part of the overall package. These can become very attractive if a company does very well and for example approximately Facebook’s first 1,000 employees became millionaires instantly when they had their IPO in 2012.

5. Quality of Life: This is a tricky one as quality of life can be found anywhere depending on what you value. The one thing that can be said for the US is that assuming you choose a city that suits your personality (i.e. NYC for the urban lovers or maybe Denver for those who love nature or LA for those who love the warmth), the range of options and freedoms to pursue activities are at worst the equal of what you would find elsewhere. Then because so much of the Entertainment industry is located in the part of the world that socially you can enjoy a very fun time. If you like Travel within the US or the North AMerican, Caribbean, South American areas, then the ability to travel as well is great.
CONS:

1. Work Hours: In terms of world standards, US working hours tend to be longer in terms of starting earlier, finishing later and being more open to work in off hours. Certainly many companies are trying to be more flexible to worker needs with work from home, different working hours, however the reality regardless of your sector chances are you will be working more hours and it is viewed as a marker of success in many industries. With the mobile revolution the idea that people are always working is possibly even more prevalent.

2. Vacation & Sick Time: US laws around vacation are not very strict and essentially the minimum any company really has to give is 2 Weeks (or 10 business days) and that can include any Sick Days. Additionally even though the US has Federal holidays like July 4th, Thanksgiving, etc. no private company is mandated to give their employees the day off. In practice of the 12 or so federal holidays in a year an average company might given 8-10 of them off. More and more companies are being more flexible and newer companies are likely to have around 3-4 weeks for workers for Vacation time and some are moving to unlimited models. However the majority of companies will have less vacation time than you are used too in your home country. Sick leave is often an after thought for many companies and results in the fact that many employees work when sick to avoid waiting vacation days.

3. Healthcare: This may seem funny since I put Benefits and paying for healthcare in Pros, however here I am speaking about the nature of healthcare itself although not necessarily the quality. US healthcare standards are certainly high and cutting edge and the range of options are excellent however because of things like co-pays, in and out of network providers, mandatory referrals for some specialists, covered and non-covered procedures, coverage caps and a strong desire to medicate and over-test patients means that a lot of your time and/or money can be wasted in the healthcare system and not necessarily to make you any healthier at all.

4. Travel Costs & Experience: Whether it is comparing US Airlines to Foreign Airlines, US Airline Lounges to Foreign Lounges, Amtrak vs. European/Asian Trains, Options for Discount Carriers, the US falls short of what you may be used too elsewhere. The reality is you are not going to get any free meals on domestic travel in almost all cases regardless of flight length, your trains are going to be slower and more expensive, Airport security more intrusive, airline lounges are largely nothing more than nice lounges with mini amenities and discount air travel is virtually non existent. Two small wins are the comparatively low price on fuel for cars and the fact the baggage allowances per traveler are greater than particularly Europe.

5. Filing Taxes: This is another one where I list Taxes as a benefit but filing taxes as a Cons. Filing Taxes in the US has a number of annoyances not the least of which being that it largely not possible to do it free for most professional workers. Many online tools do streamline the process and charge comparatively little $15-30 but the principal that something you are mandated to do has no option for you to do it free is frustrating. Now while your taxes are somewhat simpler to do if all you have is a salary and standard deductions, the moment anything deviates from that in to other assets, incomes, education expenses, etc. it becomes exponentially more complex and confusing. The online tools do a decent job of demistifying this, however it is the complex laws that are the problem. Additionally in most states you have to file a state tax return as well in the states where you have earned income and reside which adds to the process. The IRS have extraordinary powers so not complying can be very costly financially and to any future immigration prospects like Permanent Residency.

Cj