F-1 Visa Student Rights and Civic Engagement in the USA
The United States welcomes international students seeking educational opportunities. Understanding the rights and responsibilities associated with an F-1 student visa is crucial for a fulfilling and lawful experience. This article clarifies the extent to which F-1 visa holders can engage in civic activities, particularly concerning union membership and political participation, while maintaining their legal status.
F-1 Visa Basics: Educational Pursuits and Requirements
To enter the United States for educational purposes, a foreign citizen must obtain a student visa. Specifically, to attend a university, college, high school, private elementary school, seminary, conservatory, or language training program, an individual can apply for an F-1 visa. This visa is primarily for full-time study at an academic institution in the U.S.
Each applicant must use the Student and Exchange Visitor Information System (SEVIS) to produce a Form I-20, issued by the academic institution and approved by the Department of Homeland Security (DHS). The Designated School Official (DSO) at the academic institution prepares the Form I-20 on behalf of the student when the student applies to enter the country to attend school. The academic institution is in charge of entering information for the I-20 student visa form into SEVIS.
To qualify for an F-1 visa, applicants must demonstrate:
- Acceptance into a SEVP-certified educational institution.
- Intent to study full-time.
- Sufficient funds to cover the course of study and living expenses, often demonstrated through bank statements.
The F-1 visa allows students to remain in the U.S. for the "duration of status," which is the time needed to complete their degree.
Read also: US Student Visa Explained
Dependents of F-1 visa holders may be eligible for an F-2 visa. However, F-2 spouses cannot enroll in full-time studies at any level. Dependent F-2 children can attend primary and secondary school but may not enroll in any post-secondary education on a full-time basis.
Post-Graduation Opportunities and Maintaining Status
After completing their program, F-1 students may be eligible for Optional Practical Training (OPT), allowing them to work in their field of study for up to one year.
An F-1 visa holder can apply to reinstate their status if it expires, provided they have not been without legal status for more than five months at the time of filing the application. While the application is pending, their student status will be suspended until USCIS reaches a decision. If the reinstatement is denied, it is crucial to depart the U.S. promptly to avoid future immigration issues.
Union Membership and F-1 Visa Holders
A significant question for international students working while studying is whether they can join a union. The answer is a resounding yes. The visa requirement that foreign students may only accept employment associated with the university they attend in no way compromises the right to belong to a union. In fact, the right to form a union is part of the Universal Declaration of Human Rights (1948) and is also an integral part of academic freedom as defined by the Declaration on Academic Freedom (Lima, 1988). Many graduate employees have formed unions and bargained contracts at numerous schools.
Federal law protects the right to join a union. It is illegal for an employer (including a university) to retaliate against a student for participating in protected union activities. Furthermore, union membership or activity should not affect future visa applications. The Bureau of Citizenship and Immigration Services (BCIS), now under the Department of Homeland Security (DHS), is prohibited from asking about union membership or activities or considering them when reviewing visa applications. A question about union activities was removed from the visa application form many years ago.
Read also: Republic of Ireland Visa Guide
In the decades of graduate employee unionization, there is no reported instance of any international student experiencing legal or visa issues due to union activity. It is highly unlikely that a university would charge a student with violating regulations for union activities, and if they did, it would likely be found illegal. There is no known case of an international student being expelled from the university as a result of union activities, nor would such an expulsion be legal.
Benefits Gained Through Unionization for International Graduate Employees
Unionized International Graduate Assistants have secured various benefits at different universities:
- University of Wisconsin (Madison): The Wisconsin Federation of Teachers has a retainer agreement with an immigration law firm, offering discounted services to graduate union members. The firm provides on-campus presentations with updates on immigration law. The union successfully demonstrated that a "coffin" tax was not required for students holding F-1 visas, leading to the policy's rescission. The union’s International Caucus led a successful campaign to stop the University from assessing $125 per year for international students to pay for SEVIS.
- University of Michigan: The union obtained financial support for International TAs attending a three-week teacher-training workshop, including free housing or a stipend, health insurance, and a food allowance. The University pays all SEVIS fees, and employees receive paid leave for all immigration-related hearings for themselves or their partners.
Political Participation and Restrictions for F-1 Students
While F-1 students can engage in some forms of civic activity, federal law places restrictions on their participation in political campaigns and elections.
Only US citizens are eligible to vote in US elections, which means most international students will be unable to vote. However, people with dual citizenship in the US are allowed to vote. Eligible voters can vote for any candidate, regardless of which party they are registered with or who they may have voted for in the past. If you are a US citizen who is currently studying abroad, you can vote via absentee voting (you need to have registered for this at least 45 days prior to the election).
Federal law prohibits foreign nationals from directly or indirectly making contributions, donations, expenditures (including independent expenditures), and disbursements in connection with any federal, state, or local election. This includes contributions to political party committees and organizations, state or local party committees for the purchase or construction of an office building, and contributions to make electioneering communications. Foreign nationals are also prohibited from donating to an inaugural committee.
Read also: The Trump Administration's Visa Policies
Furthermore, foreign nationals cannot participate in decisions involving election-related activities. They cannot direct, dictate, control, or participate in the decision-making process of any person or organization regarding federal or nonfederal election-related activities. This includes decisions about contributions, donations, expenditures, or disbursements in connection with any election or the administration of a political committee. Providing substantial assistance in the making, acceptance, or receipt of contributions or donations in connection with elections is also prohibited.
Permissible Activities for International Students
Despite these restrictions, international students can still engage in civic life in the following ways:
- Encouraging eligible voters to participate: One of the best ways for international students to get involved is to remind friends who are able to vote to go out and vote.
- Attending campus events and talks: These events can help students learn about different candidates' platforms and how their policies might affect them as students.
- Volunteering (with limitations): International students can volunteer for political campaigns in non-decision-making roles that do not involve direct advocacy for a candidate or party.
Navigating Complex Situations
Sometimes an F-1 visa can offer a good option for a foreign national who is a dependent child of another foreign national. They will age out of their dependent status once they reach the age of 21 to continue their college education. A foreign national in this situation should make sure to file their F-1 application at least six months to a year in advance so that USCIS has time to process it before they age out of their dependent status.
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