A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

Contact: 732-632-9888, help@szetolaw.com http://www.1visa1.com/

Showing posts with label foreign student. Show all posts
Showing posts with label foreign student. Show all posts

Wednesday, August 6, 2025

Applying for a U.S. Visa is getting Expensive

 




If you plan to visit America, expect to pay higher fees. Additionally, applicants from certain countries may have to post a visa bond of up to $15,000 in order to secure a visa.

In a move that has reignited debate over U.S. visa policy, the U.S. Department of State has announced a 12-month visa bond pilot program targeting certain B-1 (business) and B-2 (tourism) visa applicants. Scheduled to begin on August 20, 2025, the program authorizes U.S. consular officers to require visa applicants from certain countries to post a refundable bond of up to $15,000 as a condition of visa issuance.

Pilot Program - Visa Bond

Beginning August 20, 2025, the U.S. Department of State will launch a 12-month pilot program requiring certain applicants for B‑1 (business) and B‑2 (tourist) visas to post a bond—ranging from $5,000 to $15,000—as a condition of visa issuance. Bonds are refundable if applicants comply with their visa terms and depart on time; otherwise, the bond is forfeited.
Who must post the visa bond?

According to the U.S. government, countries with high U.S. visa overstay rates based on FY 2023 DHS data and deficient document screening or vetting practices are targeted. Further, countries that offer citizenship-by-investment programs with no residency requirement are also likely targeted by the State Department. Applicants from Visa Waiver Program (VWP) countries are exempt.

The State Department is supposed to announce the specific list of countries on their website. As of August 5, 2025, the State Department website only lists two countries that are subject to the visa bond - Malawi and Zambia. However, additional countries are expected to be added to the list later on.

12/17/25 Update:

The Department of State has identified nationals from these
countries as needing visa bonds.  The implementation dates
are in parentheses:  
Bhutan (January 1, 2026)
Botswana (January 1, 2026)
Central African Republic (January 1, 2026)
Guinea (January 1, 2026)
Guinea Bissau (January 1, 2026)
Namibia (January 1, 2026)
Turkmenistan (January 1, 2026)
Mauritania (October 23, 2025)
Sao Tome and Principe (October 23, 2025)
Tanzania (October 23, 2025)
The Gambia (October 11, 2025)
Malawi (August 20, 2025)
Zambia (August 20, 2025)



Visa Integrity Fee

Additionally, starting October 1st, 2025, nonimmigrant visa applicants must pay a visa integrity fee of $250, on top of the regular visa application fee. This new fee was enacted by President Trump's One Big Beautiful Bill on July 4, 2025.
The $250 visa integrity fee must be paid by applicants of most nonimmigrant visas, such as tourists (B1/B2), students (F/M), exchange visitors (J), workers (H1B, L1, O1, R1, etc.). Each dependent with a separate visa stamp (e.g., H‑4, F‑2, J‑2) must also pay the fee. So a family of four would have to pay $1,000 in integrity fees alone.

Visitors from 42 countries in the Visa Waiver Program (VWP) (e.g. United Kingdom, Japan, Germany) who enter via ESTA are exempt from the new visa integrity fee. However, their ESTA fee will increase from $21 to $40. Canadians are also exempt as they are allowed to enter the United States visa-free.

The integrity visa fee is supposed to be refundable if the applicant abides by the rules and does not work illegally. However, actually getting a refund is expected to be difficult due to administrative and procedural hurdles.
 

Tuesday, April 22, 2025

Federal Crackdown on F-1 Students Sparks National Legal Battle

 


As reported recently, the U.S. federal government recently terminated the F-1 visa status of several thousands of international students—without notice or detailed explanation. These abrupt SEVIS (Student and Exchange Visitor Information System) record terminations left students out of status, unable to work, and vulnerable to deportation. In response, lawsuits have been filed nationwide, culminating in a temporary restraining order (TRO) granted by a federal judge in Georgia on April 18, 2025. The legal battle is ongoing, leaving the future of these international students uncertain.

Sudden Termination of SEVIS Records

Beginning in early April, ICE began terminating the SEVIS records of students on F-1 visas without prior warning. These terminations were often labeled “failure to maintain status,” yet lacked any accompanying detail or proof of wrongdoing.

Many students only discovered their status was revoked when trying to access SEVIS or check their immigration status. Others were told by their universities after ICE had already made the changes. What made the situation especially confusing was that school DSOs (Designated School Officials) had not reported any violations or initiated the terminations themselves.

The impact on students was severe. Those affected lost their employment eligibility—whether on-campus or through Optional Practical Training (OPT). Some faced housing and financial instability, while others feared traveling or interacting with immigration officials. For international students dependent on legal status to remain in the U.S., the revocations posed a critical and existential threat to their education and safety.

Legal Grounds for Challenge

Immigration attorneys and advocacy organizations rapidly filed lawsuits across several jurisdictions. They argue that the sudden termination of SEVIS record was a violation of Due Process, as students received no notice and had no opportunity to respond before their status was stripped.  The terminations appear to have been issued in bulk, without individualized findings, in violation of the Administrative Procedure Act (APA) as being arbitrary and capricious.  The actions also smack of overreaching, exceeding the government’s legal authority under the Immigration and Nationality Act.

Government attorneys have argued that terminating a SEVIS record is a "technical" action, not an immediate finding of unlawful presence. They contend that students may still seek reinstatement or resolution through administrative processes. However, such argument ignores the real-world consequences, including loss of legal status, work authorization, risk of arrest and deportation, and reentry eligibility.  Reinstatement is also a lengthy administrative process and the results are not guaranteed.

Georgia Case and TRO on April 18

Among the lawsuits, a major legal development occurred in the Northern District of Georgia, where plaintiffs sought emergency relief from enforcement. On April 18, 2025, a federal judge granted a temporary restraining order (TRO), barring ICE from proceeding with removals or other adverse actions against a group of students whose SEVIS records were suddenly terminated.  Significantly, the court found that the students were likely to succeed on the merits of their due process claims, the government’s action caused irreparable harm, including risk of deportation and educational disruption, and public interest favored injunctive relief. 

The TRO reinstated the SEVIS records of the plaintiffs retroactive to March 31, 2025, and paused enforcement until a hearing on a preliminary injunction could be held. 

What’s Next?

Preliminary injunction hearings in the Georgia case could lead to long-term protection for the students involved.  While the Georgia court’s order only directly affects the named plaintiffs, it sets a precedent. Courts in California, New York, and Illinois—where other lawsuits are pending—may follow suit. Further, if a court certifies a broader class of plaintiffs, the relief could extend nationwide.  

Yet, at least for now, affected students remain in a legal gray zone. While some have regained temporary protection, others remain vulnerable without the benefit of a TRO or court order in their jurisdictions.  Further, the broader crisis is far from resolved.  Foreign students and workers, as well as immigrants, will continue to feel the repercussions of Trump Administration's tough immigration measures. As we constantly remind clients, careful planning and precautionary measures are the key to a successful immigration journey.


Saturday, May 18, 2024

The U.S. Issued Record 5.2 Million Nonimmigrant Visas

 



For those considering a journey to the United States, there has never been a better time to apply for a visa. The U.S. Department of State is having an exceptional year in visa processing, making it easier for travelers, students, and workers to come to the U.S. Here’s what you need to know about the latest updates and achievements in visa issuance.

A Historic Year for Visa Issuance

In the first half of the 2024 fiscal year (October 2023 to March 2024), the State Department issued nearly 5.2 million nonimmigrant visas globally. This impressive figure surpasses all previous records for the same period. Notably, 30% of U.S. embassies and consulates set all-time records for the number of nonimmigrant visas issued.

The Department of State plays a crucial role in facilitating travel and tourism, a vital sector for the U.S. economy. International visitors contribute significantly, with recent figures showing an annual impact of $239 billion, supporting approximately 9.5 million American jobs.  The following are the key highlights from FY 2024.

Tourism and Business Travel (B1/B2 Visas):

  • Nearly 4.1 million B visitor visas (including border crossing cards) were issued for tourists and business travelers.
  • The highest-volume missions, including Mexico, India, Brazil, China, Colombia, Argentina, the Dominican Republic, and Ecuador, issued a record number of visas.

Academic and Workforce Contributions (F, M, J, H Visas):

  • 134,000 exchange visitor program participants and 115,000 students received visas, reinforcing the U.S. as a top academic destination.
  • Temporary or seasonal worker visas reached a record-breaking 205,000, supporting essential sectors like agriculture.
  • Almost 160,000 visas were issued to airline and shipping crew members, the second-highest half-year record.

Family Reunification and Employment (Immigration Visas):

  • Over 281,000 immigrant visas were issued in the first half of FY 2024, with a quarter of embassies and consulates surpassing past decade records.
  • More than 152,000 visas were issued to immediate family members of U.S. citizens, setting a new record for this category.

Enhancing Visa Processing Capabilities

To meet the growing demand for U.S. visas, the State Department has implemented innovative technological solutions and expanded the use of secure tools, such as waiving in-person interviews for eligible applicants. These measures ensure timely processing while maintaining strict national security standards.

What This Means for You

If you are planning to visit, study, or work in the United States, the current momentum in visa processing means your application is likely to be handled more efficiently than ever. The Department of State’s commitment to supporting the U.S. economy and American families through effective visa processing is stronger than ever.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  




Monday, November 20, 2023

Indian international students outnumbered Chinese students for the first time

 






For the first time since 2009, India has surpassed China in terms of the number of students studying in the United States. According to DHS statistics, as of September 2023, there were 320,000 Indian students studying in America, while the number of active Chinese student was 254,000.

For many years, China was the dominant source of F-1 international students, representing roughly one-third of foreign student populations. Covid-19 essentially halted the issuance of F-1 visas to foreign students for many months in 2021, including those from China.  In 2021, the number of Indian students increased by 12% while the number of Chinese students dropped 8%.  

As the U.S. gradually relaxed the entry and vaccination requirements for foreign students in 2022, the total number of active F-1 and M1 students rebounded to 1,362,157, representing a 10% increase from 2021.

Although the U.S. gradually reopened in 2022, China was still holding on to its "zero-Covid" policy. Even so, China still had more students studying in the U.S. than India that year.  The number of Chinese and Indian students studying in the U.S. were respectively 324,196 and 297,151.  However, the tide has finally turned in 2023.  There are several reasons for this reversal.

The rise of India's middle-class population has propelled the growth in foreign studies.  Recent reports show that India's middle class has increased five-fold in the last nine years.  Education is highly valued by Indian parents, just like their counterparts in China.  It is only natural that they want to send their children to study in the U.S., where many world-class educational institutions are located. 

For Chinese students, they were initially deterred by the anti-Chinese rhetoric during the pandemic, which resulted in a huge surge in Asian-hate crimes. A Trump-era policy of refusing visas to Chinese students and scholars with military ties has also contributed to the decline of the number of Chinese students.  The struggling Chinese economy also makes it more difficult for middle-class families to send their children abroad. 

Chinese students also have other options for education, such as U.K., Canada, Australia, New Zealand, etc., other than America.  If they sense that they are not welcome here, they are less inclined to apply for American schools. The limited number of work visas (H-1B) after graduation has also forced some Chinese students to depart. 

This is not to say that Chinese students have stopped coming to the U.S.  For K-12 education, China remains the number one country, sending 13,565 students to the U.S. in 2022, representing 25.3% (13,565) of all international students, followed by South Korea, which accounted for 7.6% (4,076) of K-12 foreign students.  

The economic benefits of international students are significant to the United States. According to the National Foundation for American Policy, in just the 2021/22 academic year, college-level international students contributed $33.8 billion to the U.S. economy and supported more than 335,000 jobs. Some of these students, like Elon Musk, may go on to found multi-billion companies that will bring immeasurable benefits to American society. 



Tuesday, February 28, 2023

US to issue F and M student visas up to 1 year in advance

 



The United States Department of State recently announced a new policy allowing F and M student visas to be issued up to 365 days in advance of the academic start date, as shown in the I-20 Certificate of Eligibility.  It should be noted that students are still not allowed to enter the U.S. on a student visa more than 30 days before their program start date. 

The change provides more flexibility and opportunities for early planning for foreign students who plan to study in the United States.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  



Tuesday, July 7, 2020

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.  

Thursday, May 30, 2019

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.

Tuesday, July 18, 2017

Who are Studying in the United States?

Despite the recent stringent immigration policy the world hears about the United States, America continues to a magnet for foreign students.   According to a recent study, there are about 1.18 million foreign students actively studying in the United States in May of 2017, representing a two-percent increase from the previous year.  

According to SEVP (The Student and Exchange Visitor Program), a system maintained by the U.S. Immigration and Customs Enforcement (ICE), as of May 5, 2017, there are 1,184,735 active F and M visa students studying in the U.S. in 8,774 SEVP-Certified schools; and 194,635 J-1 exchange visitors in the U.S.

Most F and M students enroll in higher education system such as colleges and universities.  Of all students, 76% enroll in bachelor's (33%),  master's (31%) or doctoral programs (12%).  As far as gender is concerned, 57% of the international students are male.

International students come from more than 231 countries and territories of the world.  Asia still sent the largest number of students (77% or 915,612) to the U.S. but South America has the largest percentage growth.  

China and India sent the most students to the United States, i.e., 362,368 and 206,698 respectively. Nepal had the highest growth rate of 18% in the number of students while Saudi Arabia's number declined 19%.  

Business is the most popular field of study among international students: 18% of students study business, management, marketing or a related field.  STEM (science, technology, engineering and mathematics) studies are also very popular, attracting more than 43% of students.   Specifically, 39% of STEM students study engineering, 28% study computer and information sciences; and 8% biological and biomedical sciences.   

STEM degrees are particularly popular among Asian students; 49% Asian students are pursuing a STEM degree in America.  There are 173,258 India students who are pursuing STEM degrees in the U.S., the largest in both numbers and proportion.  China takes the number two spot, sending 152,002 STEM students to America.  

International students can only attend SEVP-certified schools in the United States.  Although larger universities tend to have the largest  number of foreign students, 76% of SEVP schools enroll 50 students or less.  According the studies, fewer than 1% of SEVP-certified schools host more than 5,000 international students, and only 5% of the certified schools enroll more than 5% of students.  



Friday, April 8, 2016

1,000+ Foreign Students Face Sudden Deportation


More than a thousand foreign students face sudden deportation following the closure of a New Jersey university and the prosecution of 21 alleged perpetrators in a "pay to stay" scam busted by the U.S. Attorney's Office and the Department of Homeland Security (DHS).  There is one twist - the college, University of Northern New Jersey (UNNJ), was actually created and has been operated by U.S. government officials since September 2013 in Cranford, NJ.

In recent years, federal officials have been actively engaged in investigation and prosecution of educational institutions that engage in visa fraud and other unlawful activities.  Specifically, announcements have been made about several high profile operations in relations to the F-1 student visa program and schools issuing the prerequisite document of the Form I-20 (Certificate of Eligibility for F-1 Student Status).  But this is the first time that the U.S. government actually went as far as establishing its own school to ensnare the perpetrators.

The primary targets of the operation are the most egregious violators in the scam - including 21 brokers, recruiters, and employers that have already been indicted by the U.S. Attorney's Office. Supposedly they are the middlemen that operated recruiting companies that lured students to sign up with the UNNJ.  Allegedly, instead of actually having to take classes like most students do in regular schools, the students at UNNJ would just have to pay tuition without having to attend classes or complete other academic requirements. Many of them enrolled in the schools' Curriculum Practical Training (CPT) programs which allowed them to be employed for an employer.

Now that UNNJ has been closed, what is going to happen to the 1,076 students?  Apparently, they are no longer in valid F-1 student status after the school's closure.  So far, the students are not yet being targeted for criminal prosecution.  It appears that their cases are being reviewed and handled on a case-by-case basis.  Anecdotally, some of them have already been visited and questioned by DHS officials regarding the circumstances of their enrollment with the school.  They are being offered the options of leaving the country on their own or face removal proceedings.  Some other students received formal notices advising that their status has been terminated, and that they could leave the country or try to apply for reinstatement of status. Reinstatement is a formal process that would allow a foreign student to regain their F-1 student status.

Granted, many of these students knew or should have known about the fraudulent scheme and knowingly participated in it.  Some others might have honestly believed that they were just signing up with a legitimate academic program that offered immediate CPT employment.  Foreign students coming from other countries do not necessarily understand the intricacies of the U.S. legal requirements. Yet, some others might have just wanted to save some money, as UNNJ charged substantially less tuition than most other schools.  

Students who truly believe that they did not intentionally participate in the "pay-to-stay" scam should attempt to make their stories known either in removal proceedings, reinstatement applications, or other written communications with the U.S. government.  Even if they have decided to give up their case and depart the country, it would still be important for them to present their side of the story for the record.  If they ever want to re-enter the U.S. this information could help to prevent or reduce any adverse inferences by consular officers in their future visa applications. 

Wednesday, April 29, 2015

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.  

Monday, April 6, 2015

14% increase in international students since January 2014

Every year, thousands of foreign students and exchange visitors come to United States to pursue academic studies or other knowledge exchange programs under the Student and Exchange Visitor Program (SEVP). The Student and Exchange Visitor Information System (SEVIS) is a Web-based system that stores and manages information about international students, exchange visitors and their dependents during their stay in the United States.

14.18% Increase in Number of Students
According to the recent data of SEVIS, approximately 1.13 million international students were enrolled at nearly 8,979 U.S. schools as of February 6, 2015.  Most of these students are here on the F-1 student visa or the M vocational visa. This represents a 14.18% increase from January 2014.  The number of schools, however, has increased only one percent.

76% Students are from Asia (China, India, South Korea)
Asia has sent the most students to the U.S., representing 76% of all foreign students.  The top 10 countries of origins are: China, India, South Korea, Saudi Arabia, Canada, Japan, Vietnam, Taiwan, Mexico and Brazil.

Most Popular Schools - University of So. CA, Purdue, Columbia, Illinois, NYU 
According to the data released, only 30 SEVP-certified schools had more than 5,000 international students enrolled in February. However, each of the following schools has more than 10,000 international schools:  The University of Southern California, Purdue University, Columbia University, the University of Illinois and New York University.

37% of International Students in STEM Programs
Approximately 37% of international students (about 400,000) studying in the United States were enrolled in STEM (science, technology, engineering and mathematics) programs in February. 86% of them were from Asia. Over the past five years, the number of female international students pursuing STEM fields had increased more than 68 percent, from 76,638 in February 2010 to 128,807 in February 2015.  The number of female international students pursuing technical master’s degrees had increased 114 percent during the same period of time. 

Most Popular States: New York, California and Florida
73% of students were enrolled in traditional academic programs pursuing bachelor’s, master’s or doctoral degrees. The data also shows that California, New York and Florida had the most SEVP-certified schools.  But 76 percent of SEVP-certified schools had between zero and 50 international students. 


Tuesday, September 11, 2012

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.