2022-2023 ICE update for international students

Summary: ICE will continue to extend the March 2020 guidance for the 2022-2023 academic year. What it means to current and new international students will be outlined below.

U.S. Immigration and Customs Enforcement (ICE) just released the 2022-2023 ICE update for international students that has no changes from the original March 2020 guidance. Personally, it’s a bit surprising that ICE decided to extend the March 2020 guidance given loose regulations regarding the COVID 19 viruses across the U.S. Anyway here’s the summary of the guidance and what it means to international students.

Related blog post: Latest ICE update: Initial student/ 100% online

Contents

• Continuing international students (whose SEVIS record is Active)
• New/ transfer international students (whose SEVIS record is initial)
• Frequently Asked Questions

Continuing international students

Current international students who have maintained valid F-1 or M-1 status on March 9, 2020 can re-enter the United States, even if the college or university that they are enrolled in offers 100% online courses.

What is more, continuing international students will be allowed to count more than one online course toward a full course of study.

Related blog post 1: International students, be aware not to go “out of status”
Related blog post 2: Can’t take full course load? Apply for the Reduced Course Load!

As stated in the March 2020 guidance, Active F and M students will be permitted to temporarily count online classes toward a full course of study in excess of the regulatory limits…

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.

Broadcast Message: ICE Continues March 2020 Guidance for the 2022-23 Academic Year

New/transfer international students

New/transfer international students must take some in-person courses in order to enter the United States. In other words, if the new student is taking 100% online courses, they will not be allowed to enter the United States.

In the same vein, new/transfer students who plan to take entire online courses, will not be issued Form I-20s.

Related blog post 1: 2022 vaccine requirements and electronic I-20 for internationals
Related blog post 2: Work from home OPT, CPT and electronic I-20

In accordance with the March 2020 guidance, new or Initial F and M students who were not previously enrolled in a program of study on March 9, 2020, will not be able to enter the United States as a nonimmigrant student for the 2021-22 academic year if their course of study is 100 percent online. A new student should be allowed to enter the United States if they are engaged in a hybrid program, with some requirement for in-person learning. Consistent with this restriction, DSOs 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 fully online.

Broadcast Message: ICE Continues March 2020 Guidance for the 2022-23 Academic Year

Frequently Asked Questions regarding the 2022 ICE update

Per April 18, 2022 ICE update, the Frequently Asked Questions for SEVP Stakeholders about COVID-19 which can be obtained from the ICE COVID website has been updated as well. The recent FAQ confirms the following:

• There are no changes to the March 2022 ICE guidance
• New students who plan to take entirely online courses should not be issued Form I-20s, and thus should not be granted F-1 visas
• New or initial (transfer) students who plan to be enrolled in hybrid programs can be issued Form I-20s
• Continuing students who were enrolled in the U.S. higher education institutions on March 9, 2020, can stay in the United States even if they engage in a fully online program of study
• Students can remain in the U.S. even if the mode of instruction changes in the middle of the 2022-23 Academic Year
• Form I-20 can be issued electronically

Hope this helps international students who would like to get details about the 2022-2023 ICE update for international students. All other important F-1 visa updates and news can be found on the F-1 visa page. If you are interested in interning or working in the U.S. as an international student, check out CPT/OPT page.