ICE Cancelled Exemption of In-Person Classes for F-1/M-1 Students

The historic COVID-19 global pandemic has impacted our daily life severely in the first half of 2020. People were ordered to stay home and employees were asked to work remotely. Schools also took actions to protect their students and faculties by hosting online classes.

For F-1 and M-1 foreign students, they were allowed to take online classes remotely in the spring and summer. Normally, they are only allowed to take no more than three credits of online classes.  However, the exemption will not be extended to the fall 2020 semester, according to a U.S. Immigration and Customs Enforcement's (ICE) announcement on June 6. 

Under the new policy, foreign students will not be allowed to remain in the U.S. during the fall semester unless part of their courses are taken in-person.  The sudden change of policy puts tens of thousands of foreign students in a very difficult situation.

Schools that Offer Online Classes only

For F-1 and M-1 students currently in the U.S., if their school decided to deliver all courses online, they would have to depart the country or transfer to another school that provides in-person classes. Foreign students who fail to maintain their lawful status may face severe consequences including deportation if their schools are moving to  the online-only mode.  Overseas students who are going to take all courses online in the fall would not be able to obtain a visa to enter the U.S. 

Schools that Offer Regular In-person Courses

For schools that plan to reopen and provide normal in-person courses, the foreign students need to follow the existing regulations. No more than one class or three credit hours online may be counted toward the full-time student requirement. It should be noted that, if a foreign student or his/her school change the mode of instruction mid-semester, and the student ends up taking a full course of study through online classes, he/she must leave the country or take alternative steps to maintain lawful status.

Schools that Adopt an "Hybrid" Method

Some schools are adopting a hybrid model during the pandemic crisis. They mix remote and in-person classes to provide more options to their students. Foreign students in these schools will be able to take more than one class or three credit hours online. For schools that plan to reopen in the fall and allow students to have both onsite and remote access to courses, DSOs must certify on the Form I-20 that (1) the student's program is not entirely online, (2) the student is not taking entirely online course load, and (3) the student is taking the minimum number of online courses required to make normal progress in their program. According to ICE, schools must finish updating and reissuing new I-20s for the fall semester to eligible students on or before 08/04/2020.

However, F-1 students in English language learning programs and M-1 students cannot benefit from this exemption as they are not permitted to take any online courses.

Travel Disruption / Health Hazards

This new guidance places thousands of foreign students, especially those who are present in the U.S., in a very difficult situation. The lack of international flights and travel bans make it very difficult, if not impossible, to go back to their home country even if they decided to leave. Closure of US Embassies and Consulates worldwide and President Trump's visa ban are also making it infeasible for students to apply for visas from abroad.  The new policy may also create health hazards in educational institutions as some universities could be induced to switch their teaching mode to "in-person" in order to accommodate international students under this new policy.

Alternative Solutions

During this uncertain time, it is very important for foreign students to keep in touch with their school and devise a plan regarding their legal status as early as possible.  Students should not hesitate to seek advice from school advisors and legal professionals if they are not sure about their options. There may be alternative solutions for international students to maintain their lawful status by, for example, changing to another non-immigrant status temporarily.  As usual, timing is critical here.  One must take actions before it is too late.  

DHS Increases SEVP Fees for F, M and J Visa Applicants

Are you a foreign national planning to study abroad under F, M, or J status? The Department of Homeland Security (DHS) has announced increased fees for Student and Exchange Visitor Program (SEVP) services. Existing fees have grown and new fees have been added, affecting both schools and visa applicants. The changes will take effect June 24, 2019.

The I-901 SEVIS fee, which must be paid by visa applicants before the visa is issued, has increased from $200 to $350 for F and M visa applicants. J visitor I-901 SEVIS fees will rise from $180 to $220 in every category except au pair, summer work travel program, and camp counselor, which remain $35.

SEVP initial certification, which allows schools to issue I-20 Certificate of Eligibility to prospective students, will have almost double the fee, going from $1,700 to $3,000. Schools filing for recertification every two years will also have to pay a $1,250 fee each time.  Additionally, schools must pay a $675 fee when filing form I-290B Notice of Appeal or Motion. The existing $655 school site visit fee will also be charged when schools change locations or add new ones to form I-17 Petition for Approval of School for Attendance by Nonimmigrant Student.

DHS summarizes who is responsible for a new/updated fee and when the fee is applied in the following table:

The DHS cites the need to balance funding and growing costs as a reason for these added fees. The fees will go toward vetting and monitoring students/exchange visitors, schools, and sponsors to ensure compliance with SEVP. Institutions and beneficiaries of the program should take note of these new fees. Applications sent to USCIS with incorrect payment amounts are rejected, which can delay processing and derail plans.

New Portal for Foreign Students to Update SEVIS

Many students come to America seeking quality education and employment opportunities. To keep track of all this movement, the Student and Exchange Visitor Information System (SEVIS) maintains an immense amount of data. A newly implemented portal system alleviates some of this administrative strain.

The Student and Exchange Visitor Program (SEVP) portal allows for a more direct approach for optional practical training (OPT) students to manage their personal information. OPT refers to the post-study status an F-1 student can hold to allow them to work for one year for the purpose of gaining experience (STEM OPT status holders get two years).

Basically, with the SEVP portal, they can modify their phone number, address, mailing address, and employer information on file directly instead of through their school officials. The information is more accurate and quickly updated. Also, this eliminates mix-ups regarding the rule on reporting address changes within 10 days in order to maintain nonimmigrant status.

All students need to gain access to the portal is a valid e-mail address with SEVIS and their SEVIS identification number, found on the top of their I-20 forms.

It is very important for foreign students to report any changes in their address and personal information.  

Dependents of International Students Allowed to Study under New Rule

A new rule by the U.S. Department of Homeland Security (DHS) allows SEVP-certified schools to nominate as many designated school officials (DSO) as they need, and also permits dependents of international students (F-1, M-1) to study part-time at SEVP-certified schools in the U.S.  

There are approximately one million foreign students studying in the United States.  Their needs are served by the school DSOs (aka international student advisers).  All SEVP-certified schools must have at least one DSO on-site.  The DSO is responsible for maintaining records of all international students in the SEVIS system.  They must also ensure that all laws and regulations pertaining to international students and the SEVP are followed. Currently each school is only allowed to have a maximum of 10 DSOs. The new rule will remove this cap and allow the school to nominate as many DSOs as they need.  .

Additionally, the new rule also allows dependents of foreign students to study at SEVP-certified schools in the U.S. but their enrollment must be less than a full course of study.  For many years, dependents of foreign students (e.g., F-2 visa holders) may only accompany their spouses and parents to come to the U.S.  In order to study in the U.S., they must first apply for their own F-1 visas.  The new rule removes this restriction and provides them an opportunity to also study in schools.  

Foreign Student Issues Regarding Social Security Card, Driver’s License and I-20s

Recently, some F and M students have encountered problems when applying for a Social Security number (SSN) or driver’s license. AILA reported that the Student and Exchange Visitor Program (SEVP) is aware of these difficulties and is working with U.S. Citizenship and Immigration Services’ Systematic Alien Verification for Entitlements (SAVE) Program on a solution that will be implemented on September 14, 2012. 

For  F and M students who had problems applying for a SSN and / or driver’s license, they now have two options:  Number one, they can wait until September 14, 2012 after the solution is implemented and then return to the Department of Motor Vehicles (DMV) or Social Security Administration (SSA) office in their state to reapply again. Secondly, they may also send an email to this email address at Department of Homeland Security - dmvssa.sevp@ice.dhs.gov – and ask for assistance.  However, be warned that this option may take longer time to generate a response.  They should include the following information in the email: 1. Benefit requested (SSN or driver’s license) 2. Family name 3. First name 4. Date of birth 5. Form I-94, “Arrival/Departure Record,” admission number (11 digits) 6. SEVIS ID 7. Applicant’s physical address (required), phone number (required), and e-mail 8. Address of the office where problem occurred (and the name of the officer, if known) 9. Date of the latest visit to office. 

Separately, there has been a change in the I-20 stamping policy at airports and other U.S. ports of entry for foreign students.  Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status for academic and language students, and Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students are official U.S. government forms that serve as evidence of a foreign student’s acceptance by a certified U.S. school.  Before a foreign student can study in the U.S., he or she must first apply for a Form I-20 from an SEVP-certified school.  In order to apply for an Form I-20, foreign students are usually required to produce academic documents such as high school diploma and college transcripts, financial support documents such as bank statements showing sufficient funds, and proof of English proficiency such as TOEFL scores. 

For many years, it has been the former INS (Immigration and Naturalization Service) and current CBP (Customs and Border Patrol)’s policy to stamp a foreign student’s I-20 and I-94 whenever the student is admitted into the U.S. as a student.   For example, an F-1 student’s I-20 is usually stamped “D/S” or duration of status to signify that the student is allowed to stay in the U.S. for the duration of his or her studies.   Sometimes, an actual expiration date may also be stamped on the I-20 such as in the case of an M-1 student. 

CBP is no longer stamping the I-20 due to the implementation of the Electronic Immigration System (ELIS).  It appears that ELIS keeps track of foreign students’ status electronically and therefore no longer requires the physical stamping of I-20s.  As such, CBP has ceased the practice of I-20 stamping at the ports of entry.   Foreign students should no longer expect that their I-20 be stamped upon approval of their change of status or their return to the U.S.  If they encounter any issues with other government agencies (e.g., DMV, SSA), they should follow the above mentioned guidelines for resolution.  For issues relating to their driver’s licenses, they could also contact the Office of Public Engagement of USCIS for assistance.  The driver’s license is one of the most important documents used in the U.S., especially for foreign students.  The driver’s license does not only allow the holder to drive legally in the U.S., it also serves as an ID document that is required for many different situations.  Foreign students should plan ahead of time if they need to apply for a new driver’s license or for a replacement.  In light of the recent changes in government policies, it is even more important to apply early.