Immigration Law Questions? Ask an Immigration Lawyer.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
There are both M-1 and F-1 student visas. Those are the only options.
But as a training course you won't qualify. You are not a school.
That is a requirement.
You cannot have the students do online course work under their M1 status.
Therefore, you will not be able to be certified by the Immigration and Customs Enforcement who oversee this program.
There is no visa to accomodate the online training being done in the US.
Thank you Judith,
We are accredited by MACTE Montessori Accreditation Council for Teacher Education under the Dept. of Ed. We have an office where we administrate from but we aren't a brick and mortar school.
BotXXXXX XXXXXne, can students come for one month on a visitors visa and take our face to face training and not violate any laws? And, what would they need to do if they wanted to apply to stay for 9 months in the US to perform an internship?
You would have to be a brick and mortar school for them to come in as students.
Possibly the visa for the students to come in under for the one month intensive would be a B1 visitor visa. It will depend on what the intensive is
9 FAM 41.31 N8
See page 289
FAM 41.31 N14.8 Aliens Destined to Avocational
There is also a trainee visa - H3. you may want to read about that.
They may come in as an intern under the J1 exchange program. See this link.
They have to come in through a Dept of State certified sponsor. That is something you may want to look into
I have given you a lot of general information. You should read up on these visa options and then take a synopsis of your program to an experienced immigration attorney who can look at it and have an in depth discussion with you and there is likely a category that it will fit into. You may have to tweak it a bit but lawyers are creative.
You can find a local immigration lawyer at www.ailalawyer.com
We rent a brick and mortar for one month. The rest of the training is online or else in schools where students intern for one year.
Would I still need to apply for 1-20 to status to receive students for one month? If so, wouldn't they have to have F-1 or T-1 student visas?
Taking a one month lease for a brick and motar school will not satisfy the requirements for certification as a SEVP school.
I misunderstood your "intensive" program. I thought it would be an internship where the student worked in a school.
No the you could not sponsor the students for an H3.
Sorry, but I'm still not clear.
What do I need to do to be in compliance with the Department of State to recieve internationals for one month training in the US?
This is not an acceptable answer. Are you telling me that students will not be able to get a visa to come to Montana for one month to attend a special training? Is that what you are telling me? Is there no solution to this. Please help.
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