F-1 M-1 Visa Status during Fall 2020 - rescinded a policy Update 07/14/2020
"The Trump administration on Tuesday rescinded a policy that would have stripped visas from international students whose courses move exclusively online amid the coronavirus pandemic. The move comes after the policy announcement last week sparked a flurry of litigation, beginning with a suit brought by Harvard and MIT, followed by California's public colleges and later a coalition of 17 states."
updated 7/14/20
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On July 6, the Student and Exchange Visitor Program (SEVP) modified the temporary exemptions for nonimmigrant students taking online courses during the fall 2020 semester.
Whom it concerns: F-1 and M-1 Students.
Whom it does not affect: F-1 and M-1 Students who are engaged in approved practical training, either as part of a program of study or following completion of a program of study.
Summary:
1) The school offers an entirely online course load:
· Students may not remain in the United States; must depart the U.S. or transfer to a school with in-person instruction.
· The U.S. Consulates will not issue visas to these students.
· CBP will not permit these students to enter the United States.
· Students may remain in Active status in SEVIS if they are taking online courses and are able to meet the normal full course of study requirements or the requirements for a reduced course of study.
2) The school offers normal in-person classes:
· Eligible F students may take a maximum of one class or three credit hours online.
3) The school offers a hybrid model— a mixture of online and in-person classes:
· Students will be allowed to take more than one class or three credit hours online
· Schools must certify the following to SEVP, through the Form I-20:
® The program is not entirely online
® The student is not taking an entirely online course load for the fall 2020 semester
® The student is taking the minimum number of online classes required to make normal progress in their degree program.
4) F-1 students in English language training programs or M-1 students are not permitted to enroll in any online courses.
5) Schools must update and reissue all Forms I-20 to reflect these changes by August 4, 2020.
6) If a school changes its operational stance mid-semester to only online classes, the students must leave the U.S. or take alternative steps to maintain their nonimmigrant status such as transfer to a school with in-person instruction.
Conclusion: F-1 and M-1 foreign students, who wish to remain in the U.S. and continue with their study, must confirm their school offers either an in-person or hybrid program or transfer to a school that does. If their school only offers online classes and they are unable to transfer then they may continue with their program abroad to remain in active status in SEVIS.
2020-07-07
Judy Chang (NY/NJ/CA)
Copyright© Judy J. Chang, Esq. All rights reserved.
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.
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