The U.S. Immigration and Customs Enforcement (ICE) recently published a rule that would require international students to leave the country if their fall coursework is fully online, a notion many institutions have been considering in the wake of COVID-19. SEVP instituted a temporary exemption regarding online courses for the spring and summer semesters due to COVID-19. This policy permitted nonimmigrant students to take more online courses than normally permitted by federal regulation to maintain their nonimmigrant status during the COVID-19 emergency.
Opposition to this rule immediately began building from institutions and organizations, including a lawsuit from Harvard University and MIT within 48 hours, with additional schools pledging their support of the lawsuit. In an NPR interview, Massachusetts Attorney General Maura Healey, says she expects many states to join the litigation: “You’ve already seen Harvard and MIT file today. I expect that other colleges will be involved as well because this is an attempt to improperly coerce these colleges and universities into doing something that is against the health interests of their faculty and staff and students, but also really hurts their economic bottom line here and attempt to punish them.”
The press release from ICE detailing the modifications is below.
SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester
The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.
Temporary exemptions for the fall 2020 semester include:
- Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status. If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.
- Nonimmigrant F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online.
- Nonimmigrant F-1 students attending schools adopting a hybrid model—that is, a mixture of online and in person 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,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this 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 pursing vocational degrees, who are not permitted to enroll in any online courses.
Schools should update their information in the Student and Exchange Visitor Information System (SEVIS) within 10 days of the change if they begin the fall semester with in-person classes but are later required to switch to only online classes, or a nonimmigrant student changes their course selections, and as a result, ends up taking an entirely online course load. Nonimmigrant students within the United States are not permitted to take a full course of study through online classes. If students find themselves in this situation, they must leave the country or take alternative steps to maintain their nonimmigrant status such as a reduced course load or appropriate medical leave.
Due to COVID-19, SEVP instituted a temporary exemption regarding online courses for the spring and summer semesters. This policy permitted nonimmigrant students to take more online courses than normally permitted by federal regulation to maintain their nonimmigrant status during the COVID-19 emergency.
F-1 nonimmigrant students pursue academic coursework and M-1 nonimmigrant students pursue vocational coursework while studying in the United States.
Sources:
SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester
NASFAA: Federal Rule Aiming to Force International Students to Take In-Person Classes Faces Mounting Opposition
NPR: Massachusetts Attorney General On New ICE Regulation Regarding International Students