PPRuNe Forums - View Single Post - M1 Visa or no Visa and SEVIS approved schools in the USA
Old 6th Dec 2011, 18:12
  #83 (permalink)  
Join Date: Apr 2004
Location: London
Posts: 522
The memorandum does not need to specify every detail pertaining to those visa classes.

The primary M-class is established under the INA at 101(a)(15)(M)(i) with the following language:

INA 101(a)(15)(M)(i) an alien [...] who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language training program) in the United States [...]

The definition provided for "full course of study," at 8 CFR 214.2(m)(9) as aforementioned, states "A 'full course of study' as required by section 101(a)(15)(M)(i) of the Act means [...]"

It's a fine point but a night qualification falls short of the threshold meaning it cannot in the overwhelming majority of cases, on its own, be pursued under an M visa. Unless one argues that the minimum time requirement can be pro-rated. The rule should be modified.
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