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F-1 Student Visa Lawyer in Atlanta, Georgia
BCA Law Firm helps international students and their schools and employers with every stage of F-1 status: the visa application, staying in status, work authorization through CPT, OPT and STEM OPT, fixing SEVIS and status problems, and moving from F-1 to H-1B or a green card after graduation. We represent students across metro Atlanta and nationwide, and online consultations are available.
Our founding attorney, Bhavya Chaudhary, has more than 20 years of experience in U.S. immigration law and is an award-winning immigration attorney, recognized as a 2020 Attorney for Justice by the Tennessee Supreme Court’s Access to Justice Commission for her pro bono service.
Call 678-292-6111 or book a consultation online.
What Is an F-1 Student Visa?
The F-1 visa lets international students study full time at a U.S. college, university, high school or language program that is certified by the Student and Exchange Visitor Program (SEVP). Your school issues a Form I-20, which you use to apply for the visa and to enter the U.S. While in the U.S., you must keep a full course load, keep your passport valid and follow the work rules. A DHS rule that would admit students until a fixed date instead of for “duration of status” was set to take effect on September 15, 2026, but a federal court blocked it nationwide on September 14, 2026. As of October 2026, F-1 students are still admitted for duration of status while the government appeals, so follow your school’s guidance and watch for changes.
F-1 Visa Requirements
- Acceptance by an SEVP-certified school and a Form I-20.
- Full-time enrollment in an academic or language program.
- Enough money to pay for tuition and living expenses, shown with bank statements, scholarships or sponsor documents.
- English proficiency as required by your school.
- Intent to return home after your studies, with ties such as family, property or job prospects.
- A valid passport, generally valid for at least six months beyond your intended stay.
How to Apply for an F-1 Visa
- Receive your I-20 and check every detail.
- Pay the SEVIS I-901 fee.
- Complete the DS-160 online application and pay the visa application fee.
- Attend a visa interview at a U.S. embassy or consulate, usually in your country of nationality or residence. Consular officers now also review applicants’ online presence.
F-1 visas are issued by the State Department, not USCIS, and wait times for interviews vary by country. Check the current fees on the State Department and SEVP websites. Approval is up to the consular officer; if you are refused, we can review what happened and how to reapply.
The "Duration of Status" Rule: Where It Stands in 2026
DHS published a final rule that would end “duration of status” (D/S) for F-1 students. Under the rule, students would be admitted until a fixed date, generally the program end date on the I-20, up to four years. Students who need more time, or who change programs or apply for OPT, would need to file Form I-539 with USCIS to extend their stay, or travel and be readmitted. The rule would also shorten the grace period after a program ends to 30 days.
The rule was set to take effect on September 15, 2026. On September 14, 2026, the U.S. District Court for the District of Massachusetts blocked it nationwide in Presidents’ Alliance on Higher Education and Immigration v. DHS, and the government has appealed. As of October 2026, D/S remains in place and F-1 students are still admitted for duration of status. The rule could take effect later depending on the appeal, so talk to your school and an attorney before you travel. Read our update on the rule and the court order.
Working on an F-1 Visa: CPT, OPT and STEM OPT
- On-campus work: up to 20 hours a week while school is in session, full time during breaks.
- Curricular Practical Training (CPT): off-campus work that is part of your program, authorized by your school.
- Optional Practical Training (OPT): up to 12 months of work in your field, usually after graduation, with an EAD from USCIS. Unemployment is limited to 90 days.
- STEM OPT extension: 24 more months for graduates in qualifying STEM fields who work for an E-Verify employer.
SEVIS Terminations and Other Status Problems
Dropping below a full course load, unauthorized work, an arrest or a school error can lead to a terminated SEVIS record or loss of status. Depending on the situation, options can include reinstatement through USCIS, correcting the record with your school, transferring schools, or changing to another status. A visa that is revoked or expired is different from losing your status, and the right response depends on which has happened. Act quickly: some options are only available for a short time.
After Graduation: F-1 to H-1B or a Green Card
- F-1 to H-1B: your employer registers you in the H-1B lottery. If you are selected while on OPT, “cap-gap” rules can extend your status until the H-1B starts. The $100,000 H-1B payment from the September 2025 proclamation is currently blocked by federal courts, and changes of status from F-1 inside the U.S. were exempt even when it applied. See our employment immigration services.
- Other options: O-1 for extraordinary ability, an EB-2 national interest waiver, employer-sponsored green cards, or a family-based green card through a U.S. citizen spouse.
A consultation is a 30-minute appointment for $175, and online consultations are available.
