F-1 student visa 5 month rule: Why you need to come back to the U.S. within 5 months

While you study in the United States, there might be some cases where you have to take a leave of absence for medical and financial reasons as well as to participate in internships in your home country. If you are considering taking a leave of absence for a semester or more, you have to keep in mind “F-1 student visa 5 month rule.” F-1 student visa 5 month rule comes from 8 CFR 214.2(f)(4) which allows F-1 visa holders to re-enter the U.S when they have “a temporary absence of five months or less.”

This policy has been interpreted in a way that international students can be readmitted to the U.S. when they have been out of the country for less than 5 months. Now, what should you do if you have been out of the country for more than 5 months? Especially, many international students flew back home due to public health crisis outbreak in the Spring semester, and they may fall under this policy. In this blog post, visa renewal, I-20 issuance, and COVID-19 updates in relation to the 5-month rule will be discussed.

Temporary absence. An F-1 student returning to the United States from a temporary absence of five months or less may be readmitted for attendance at a Service-approved educational institution

8 CFR 214.2(F)(4)

Contents

• F-1 student visa 5 month rule and I-20
• How COVID-19 affected 5 month rule

F-1 student visa 5-month rule and I-20

Based on the government partner, Student and Exchange Visitor Program (SEVP)’s guideline, a student, who has been out of the country for more than five months, needs to obtain a new Form I-20 and pay the I-901 SEVIS fee again. Thus, it is good practice for F-1 visa holders to keep in touch with their international student advisors in advance and discuss their academic plans.

One thing you should keep in mind is that you only have 14 days to leave the country from your SEVIS record termination date. In terms of visas, SEVP clearly outlines that students don’t need to apply for a new visa as long as their original visa is valid.

… However, if a student has been out of the United States for more than five consecutive months (and not on study abroad), they will need to obtain a new Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” and pay the I-901 SEVIS Fee again. Again, the student would only need to apply for a new visa if their original visa was no longer valid.

…Students returning to the United States to resume their studies after an authorized temporary absence will not need to renew their visa, if the visa is still valid. The U.S. Department of State’s policy is that a student does not need to apply for a new F-1 visa if the student’s current visa is still valid, regardless of length of time outside the United States.

Questions from DSOs: Do Students Returning from Temporary Absences Need New Visas?

Since admittance decisions are made by CBP (U.S. Customs and Border Protection) officers, it is important to know what CBP says about the 5-month rule. Simply speaking, CBP shares the same perspective as SEVP. CBP requires the SEVIS record to be up-to-date, and the I-20 must be signed. When it comes to visas, CBP also stated that students who left the country for more than 5 months don’t need to apply for a new one if they already have a valid visa.

…the SEVIS record must be up-to-date, the I-20 must be signed, and the student’s visa must still be valid.…But CBP does not require them to apply for and receive a new visa if the one that they have is still valid.

NAFSA/Customs and Border Protection Liaison Call

How COVID-19 affected 5 month rule

Ok, so now we know that students who have been outside of the country for more than 5 consecutive months need to obtain a new signed Form I-20. How about a group of students who had to go back to their home country due to the coronavirus outbreak?

U.S. Immigration and Customs Enforcement updated the Frequently Asked Questions for SEVP Stakeholders about the COVID-19 document in April and announced that foreign students, who went back home to complete their course of studies online, will remain in Active status. And for those who remain in Active status, “the five-month temporary absence provision” will not apply.

Therefore, students, who have a valid visa, can seek readmission in the Fall 2020 intake, although they have left the U.S. more than 5 months ago. However, policy changes have not been discussed yet for students who can’t find flights to the U.S. for Fall or who cannot apply for a new visa due to U.S. embassy closures.

Under current conditions, if an active F student leaves the United States to complete the spring term online, their SEVIS record should remain in Active status and not be terminated. While the temporary measures related to COVID-19 are in place, students deemed to be maintaining status if they are making normal progress in their course of study. For that reason, the five-month temporary absence provision addressed in 8.C.F.R.214.2(f)(4) will not apply for students who remain in Active status.

Frequently Asked Questions for SEVP Stakeholders about COVID-19

In this blog post, Five month temporary absence rule for F-1 visa holders was illustrated. Original provision requires a student to obtain the new I-20 (therefore, students should reach out to their international student advisor to terminate their previous SEVIS record BEFORE they get out of status).

However, a student doesn’t need to apply for a new visa, unless the visa is expired or soon to be expired (and you want to play safe). During the pandemic, though, a student, who has successfully completed the spring semester online, won’t be subjected to a 5-month rule as the student is considered to be in Active status.

All other important information and updates for F-1 international students can be found on the F-1 visa info page. To learn more about the employment authorization programs, click OPT and STEM OPT pages.