On July 6, 2020, the Immigrations and Customs Enforcement (ICE) announced certain adjustments to the Student and Exchange Visitor Program (SEVP) online study policy for nonimmigrant students for Fall 2020. A Temporary Final Rule is anticipated to be published in the Federal Register by the Department of Homeland Security soon.
Spring/Summer and Fall 2020 Semesters – Modifications due to COVID-19 pandemic
Due to the COVID-19 pandemic, the SEVP had previously instituted a temporary exemption on its online study policy for 2020 spring and summer semesters allowing F-1 and M-1 students to take more online courses than normally permitted without violating their student status.
On July 6th, SEVP announced that it would not be continuing with this modified policy, and thus subjecting certain students to potential deportation proceedings. Below we set forth the announced policy.
Summary of SEVP Modifications
- Schools operating fully online.
Impact of students enrolled at schools operating entirely online:
- No stay: will not be able to remain in the U.S. in F-1 or M-1 status at these schools.
- No Visa: will not be issued a visa.
- No Admission: will not be admitted to the U.S.
- Schools operating under normal in-person classes
Impact of students enrolled at schools operating entirely online:
- Allowed to stay: as long as compliant with existing regulations regarding online study which permits F-1 students to take 1 online class per semester, quarter, etc.
- Visa: may be issued a visa
- Admission: may be admitted to the U.S.
- Schools operating under a hybrid model of in-person and online classes
- Will be allowed to take more than one class or three credit hours online. These schools must certify to SEVP, through the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” that the program is not entirely online, that the student is not taking an entirely online course load for the fall 2020 semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program.
- The above exemptions do not apply to F-1 students in English language training programs or M-1 students, who are not permitted to enroll in any online courses
See 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v))).
- Consequences for Students in the U.S.
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- Stay in the US – If you enroll/transfer to a program or school which offers at least one class or 3 credit hours of in-class sessions or hybrid programs.
- Reduced course load or Medical Leave – as may be appropriate
- Leave the US – If you can only enroll in a program or school that is fully online, then depart the US to avoid immigration consequences including deportation.
I-20 Requirements
For the Fall 2020 semester, students are required to be issued I-20s within 21 business days of the from July 6, 2020. The I-20 should certify that the student is not enrolled in an online only program and is making normal progress towards their degree program.
School Reporting Requirements to SEVP@ice.dhs.gov
All Schools that will not reopen for the Fall Semester and will only operate entirely online must submit their operational plans for the fall semester 2020, by July 15, 2020
Certified Schools that will not be entirely online and using the educational formats – solely in-person class or delayed or shortened sessions or a hybrid plan of in-person and remote class must report their operational plans by August 1, 2020.
Any operational changes of all schools should be reported within 10 calendar days.