U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) announced incoming international students on F and M student visas may engage in distance learning for the upcoming academic year 2021-2022. This guidance will continue to be in effect until COVID-related concerns for public health continue. This guidance is a continuation of the one issued in March 2020. The March 2020 guidance allowed active F and M students to temporarily count online classes toward a full course of study. Previously, regulation allowed these students to take only one (three-credit) class virtually to be counted toward their full course of study requirement.

What Does This Mean for New, Incoming Students in 2021-2022 Academic Year?

For newly enrolled students, coming into the U.S. or changing status, the effect will depend on their choice of an academic institution. If a school or university is offering a hybrid program wherein the students have to attend classes in person, then these foreign students will be issued a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.

A new or Initial F and M student who was not previously enrolled in a program of study by March 9, 2020, will not be able to enter the United States as a non-immigrant student for the 2021-22 academic year if their course work is completely online. DSOs will not be issuing Form I-20 to foreign students in these schools.

What Does This Mean for Current, Continuing Students For 2021-2022 academic year?

International, non-immigrant students who were previously enrolled in a U.S. program as of March 9, 2020, can continue their coursework and count online classes toward their required credit. If students have left the United States, they can re-enter the United States, even if their school is engaged solely in distance learning.

What Does This Mean for Current Continuing Students Who are Taking Classes Outside of the United States?

International, non-immigrant students who were previously enrolled in a U.S. program as of March 9, 2020, and are now abroad, their SEVIS can remain in Active status and not be terminated. While the temporary measures related to COVID-19 are in place for the academic year 2021-22, students are deemed to be maintaining status if they are making normal progress in their course of study.

ILBSG continues to monitor updates issued for Student Visas. If you have questions about any immigration issue or your status on F1, contact our attorneys at ILBSG. Our attorneys are up to date on the latest in ongoing immigration reform. We work with you to ensure you get the right advice.

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