A Breakdown of the New ICE Policy on International Students
As colleges and universities around the country begin releasing much-anticipated statements on school reopening plans, the U.S. Immigration and Customs Enforcement also released their own updated statements about the status of international students on F-1 and M-1 visas in light of the continuing coronavirus pandemic. International students account for more than 15-20% of enrollment at some universities. There are over 1.6 million international students in the United States which contributes to 46 billion dollars in the economy every year.
On Monday, July 6, the SEVP modified the temporary exemptions for nonimmigrant students taking online courses during the fall 2020 semester.
The new rules state the following:
International students that are currently in the United States on an F-1 or M-1 visa may not continue to stay in the United States and take a fully online course load.
This means that if their school is 100% online in the fall semester, they either need to transfer to another U.S. institution where they will be able to take at least one class in person or return to their home country to continue taking the online classes at their original institution.
If their school is on a hybrid-model (some in-person and some online courses) they may not take a 100% online schedule in the fall.
Schools on a hybrid-model must reissue new I-20s to every international student certifying that the student is not taking an entirely online courseload, and update their plans with the Department of Homeland Security by the beginning of August
International students that are currently in the United States on an F-1 visa may not take more than one online course (3 credit hours) if their school is fully in-person for the fall semester.
International students on an M-1 visa pursuing a vocational degree or an F-1 visa in an English language program will not be permitted to take any courses online.
International students abroad who plan to enter the United States on an F-1 or M-1 visa will not be approved if their class schedule will be 100% online.
If schools must change from a hybrid to 100% online model during the course of the fall semester, or students have a change in course schedule that results in them having a 100% online course schedule, schools and students must update SEVIS within 10 days of the change. Students will not be permitted to stay in the United States if their course schedule changes to 100% online. Those students will need to find a different institution, reduce their course load, or take a medical leave.
Q: What is the SEVP?
The purpose of the Exchange Visitor Program is to promote cultural and educational exchange between citizens of the United States and those of other countries. The Student and Exchange Visitor Program supports the international student exchange for more than 1 million international students, exchange visitors, and their dependents. The Student and Exchange Visitor Program (SEVP) is a program within U.S. Immigration and Customs Enforcement, which is under the U.S. Department of Homeland Security. The SEVP manages the Student and Exchange Visitor Information System (SEVIS) which is used by both the SEVP and the Department of Defense (DoD) to “track and monitor schools; exchange visitor programs; and F, M and J nonimmigrants while they visit the United States and participate in the U.S. education system.”
There are currently over 10,000 certified schools in SEVIS that can enroll international students.
Q: What are the differences between the F, M and J visas?
The F status is for nonimmigrant international students in the United States in academic programs and their dependents.
The F-1 status is for the international student who is enrolled in a full course load at a SEVP-approved school.
The F-2 status is for their dependents.
The M status is for nonimmigrant international students in the United States in vocational programs and their dependents
The M-1 status is for the international student who is enrolled in a full course load at a vocational nonacademic (other than a language program) SEVP-approved school.
The M-2 status is for their dependents.
The J status is for nonimmigrant exchange visitors in the United States and their dependents
Q: Who does the new SEVP guidelines apply to?
The new SEVP rules apply to international students with F-1 and M-1 visas.
Q: I am a permanent resident (non-citizen) does this apply to me?
No, currently this does not apply to you.
Q: I am on a nonimmigrant H-4 visa, does this rule apply to me?
No, currently this rule does not apply to you, but I would talk to the International Student Affairs Office at your school and make sure that you are protecting yourself in case there are any other changes to this rule. As much as possible, I would try to make sure you have at least one in-person class if it is safe for you to do so.
Q: I am on an F-1 or M-1 visa and have a health condition that puts me at higher risk for contracting the coronavirus, what should I do?
Talk to your school International Student Affairs Office. Many schools are currently trying to find ways to mitigate this new decision, including filing lawsuits to get a temporary injunction.
Q: If I have to leave the United States (or can’t enter the United States) because my instruction is 100% online will I be able to take classes in my time zone? Are there any other repercussions?
This is up to each individual institution. Some schools will have asynchronous learning for their remote institutions while others may have synchronous learning. In light of these new rules, it is possible that many schools will adopt asynchronous methods to accommodate international students.
Students who leave the United States and take classes 100% online may still risk losing their visa status which could put them in jeopardy of interrelationships and experiential learning in the future. Visa rules require that students maintain student status for a full academic year in order to engage in these activities which are crucial for employment opportunities in the future.
Q: I am still in the United States because my home country has banned flights from the United States, but now these new rules are saying I cannot stay here. What should I do?
Contact your school’s International Student Affairs Office.
Q: How will this affect the graduate application cycle this Fall?
It is too soon to say how the graduate application cycle will be affected, especially in light of the lawsuits that are being filed. If the lawsuits and injunctions are successful then it will have little to no effect. However, if the injunctions fail, it could have a large impact on waitlists as schools will need to quickly either reorganize their offerings or fill seats quickly.