Guidance for F-1 Students Enrolled in US Schools
Since the pandemic began, COVID-19 has disproportionately impacted immigrants in numerous ways. The latest issue facing our clients is the government's evolving policies regarding distance learning for F-1 students enrolled in US schools.
Per normal government regulations and policy, F-1 students are allowed to study remotely in only very limited circumstances. Due to the need for many schools to operate partially or fully remotely during this unprecedented time, on March 9th Immigration and Customs Enforcement (ICE) released updated guidelines for F-1 students during the pandemic. They created separate rules for continuing vs. initial F-1 students. After some recent back-and-forth, ICE has stated that the March 9th guidelines will remain in effect for the Fall semester. This means that an F-1 student who was actively enrolled in school as of March 9th (whether they are currently inside or outside of the US) can study remotely. However, a student not enrolled as of March 9th, and who is outside of the US seeking a visa, can not. The updated guidance is silent on whether someone who is already lawfully in the US - for example in H-1b visa status - can be approved for a change to F-1 student status.
Guidance for Continuing Students:
As stated in the March 2020 guidance, active F students will be permitted to temporarily count online classes towards a full course of study. The March 2020 guidance applies to continuing F nonimmigrant students who were in valid F-1 nonimmigrant status on March 9, 2020, including those previously enrolled in entirely online classes who are outside of the United States and seeking to re-enter the country this fall. Students actively enrolled at a U.S. school on March 9, 2020, who subsequently took courses online while outside of the country can re-enter the United States, even if their school is engaged solely in distance learning.
Guidance for Initial Students:
In accordance with March 2020 guidance, F students in new or initial status after March 9, 2020, will not be able to enter the United States to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online. Also consistent with the SEVP Broadcast Message dated March 9, 2020, designated school officials should not issue a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” for a student in new or initial status who is outside of the United States and plans to take classes at an SEVP-certified educational institution that is operating 100 percent online.
Due to the evolving nature of the situation, we urge our clients to consult with us before deciding on a course of action based on the new rules. Please contact us at theteam@huwelaw.com or 415-849-1199 for assistance.