STUDENT VISAS CAN NOW BE ISSUED UP TO 365 DAYS IN ADVANCE OF THE PROGRAM START DATE

 The Department of State has updated its webpage on Student Visas to reflect that it will now issue new students their F or M visas up to 365 days in advance of the start date for a course of study as listed on the I-20.

However, students may not enter the United States on the issued student visa more than 30 days before their program start date.

Previously, visa interviews could be scheduled only up to 120 days before the program start date.

PRESIDENT TRUMP RESCINDS GUIDANCE REQUIRING IN-PERSON CLASSES FOR FOREIGN STUDENTS

The Trump administration is rescinding its new guidance blocking international students from staying in the United States while taking only online classes. 

The U.S. District Court Judge announced July 14, 2020 that the government and plaintiffs had reached a resolution in a lawsuit brought by Harvard University and MIT.

The Trump Administration will rescind its July 6 rule that said foreign students on F-1 visas would need to take at least some in-person courses in order to legally remain in the U.S. for the fall 2020 semester.

Seventeen states and the District of Columbia had sued the Trump Administration over the guidance.  The Trump Administration received heavy criticism from both colleges and universities as well as members of Congress for the policy.  Late last week 99 members of Congress sent a letter to the Department of Homeland Security and Immigration Customs Enforcement urging the agencies to withdraw the new guidance. 

SEVP ANNOUNCES STUDENTS MAY NOT REMAIN IN THE US IF ENROLLED IN A FULLY ONLINE SCHOOL OR PROGRAM FOR FALL 2020 SEMESTER

On July 6, 2020, ICE’s Student and Exchange Visitor Program (SEVP), announced that for the Fall 2020 semester, it would prohibit F-1 students from attending fully online schools or programs and taking a full online course load in the United States. Students attending fully online schools or programs may only do so from outside the U.S., but can remain Active in the Student and Exchange Visitor Information System (SEVIS).

If a student is outside the U.S., he or she may not enter the U.S. on F-1 status if the student’s school or program is operating entirely online. This applies even if a student has already obtained a Form I-20 for the Fall 2020 semester.

A student may study in the U.S. if they transfer to a school that consists entirely of in-person classes or a hybrid model (combination of both in-person and online classes). However, the student must depart the U.S. or transfer again if the school changes to a fully online model at any point during the Fall 2020 semester. If students are not in compliance with the new guidance, deportation proceedings may be initiated against them.

By August 4, 2020, designated school officials (DSOs) must update and reissue ALL Form I-20s that have been issued for the Fall 2020 Semester to certify the school meets the requirements of the new guidance.

DHS will publish this rule shortly which could clarify some of the situations faced by students that are not addressed in ICE’s press release. In particular, the current guidance does not address the effect of the new guidance on students employed on Optional Practical Training (OPT).  On July 8, Harvard and MIT filed a lawsuit against DHS and ICE seeking a temporary restraining order of the new guidance, and on July 9, 99 members of Congress sent a letter to DHS and ICE urging the agencies to withdraw the new guidance.