It has already been more than a year since the Student and Exchange Visitor Program (SEVP) under ICE (U.S. Immigration and Customs Enforcement) published the last guidance for international students. To check previous ICE guidance titled “Frequently Asked Questions for SEVP Stakeholders about COVID-19,” click the related blog post below.
Related blog post: Latest ICE update: Initial student/ 100% online
ICE issued the latest updates on April 2021 which basically extends the March 2020 guidance to the 2021-22 Academic Year. Therefore, whether you were wondering if you could take 100% online courses for Fall 2021 or if you could come back to the campus for Fall 2021, it is important to take a thorough look at this blog post.
This blog post will summarize the guidance and introduce various available scenarios based on the guidance. Since SEVP is the sub-organization under ICE, I will use both SEVP and ICE to refer the agent that manages Frequently Asked Questions across the post.
The Student and Exchange Visitor Program (SEVP) will extend the guidance originally issued in March 2020 for the 2021-22 academic year. According to the broadcast message, “The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and are otherwise complying with the terms of their nonimmigrant status, whether from inside the United States or abroad.”
Broadcast Message: ICE Continues March 2020 Guidance for the 2021-22 Academic Year
Contents
Summary of the guidance
SEVP (ICE) added the section titled “Clarifying Questions for the 2021-22 Academic Year Based on March 2020 Guidance” and wrote, “SEVP will continue to abide by guidance originally issued in March 2020 for the 2021-22 academic year and did not make any changes to the March 2020 guidance.”
March 2020 guidance can be summarized as below:
- Students who maintained an Active SEVIS record in March 2020 can take 100% online courses.
- Students who maintained an Active SEVIS record in March 2020 are not subject to the 5-month rule.
- Students who maintained an Active SEVIS record in March 2020 can maintain their Active status even if they go back to their home countries and take online courses.
- If a student whose SEVIS record is in Initial status takes 100% online courses, I-20 can’t be issued and they can’t enter the U.S.
- If a transfer student whose SEVIS record is in Initial status takes 100% online courses from their home countries, they can’t enter the U.S. When the student decides to attend the school later, DSO will request a data fix before the new semester starts to reactivate the SEVIS record.
Therefore, there is nothing new that international students should keep in mind. Having said that as each student’s situation is different and each school’s operation plan is different, it is important to figure what does the guidance says for each student’s case.
For international students information, below I created the table with possible case scenarios.
Case scenarios
Based on the guidance, scenarios for Fall 2021 intake for continuing and new international students are as follows:
| On March 9, 2020, I… | For Fall 2021, I will… | My school plans to… | Based on the Fall 2021 updates… |
|---|---|---|---|
| studied in the U.S. (either online or in-person) | continue to enroll in the program | offer in-person courses (meaning going back to normal operations) | you can remain in the U.S. and continue the program even if it switches to online. |
| studied in the U.S. (either online or in-person) | continue to enroll in the program | offer online courses | you can remain in the U.S. and continue the program. |
| went back to my home country and took 100% online classes | come back to the U.S. to study | go back to normal OR continue to offer online classes only | you can come back to the U.S. to study as long as your SEVIS record is Active. Also, keep in mind that your I-20 should have the travel endorsement that was issued within a year. If not, reach out to your DSO and for the electronic I-20 with the travel endorsement. |
| went back to my home country and took 100% online classes | continue to take online classes from my home country | offer online courses (my school doesn’t go back to normal) | you can take entirely online classes from your home country. If you would like to take 100% online courses but there are few online courses to take, you may take a temporary absence per the guidance. |
| went back to my home country and took 100% online classes | continue to take online classes from my home country | offer in person courses (meaning going back to normal operations) | Since the school goes back to normal, you will have to come back to the campus and take a full course of study to maintain your visa status valid. If you insist to stay in your home country, thus take a leave of absence, your SEVIS record will be terminated. |
| took a leave of absence | go back to normal | you may follow the institutional process to get re-admitted, get the I-20 and the F-1 student visa. | |
| took a leave of absence | offer online courses only | you can take online courses from your home country. Note that you will not be issued Form I-20 per the guidance. | |
| I was a new student taking online classes from my home country | come to the U.S. to study | go back to normal | you can receive Form I-20, get the visa and fly into the U.S. |
| I was a new student taking online classes from my home country | continue to take online courses at my home country | offer online courses | you can continue to take online classes. |
| Not applicable | I am an incoming student for Fall 2021 | offer online courses | you can take online courses from your home country, but you will not be issued Form I-20. |
| Not applicable | I am an incoming student for Fall 2021 | go back to normal (=your school is not 100% online) | you can receive Form I-20, get the visa and fly into the U.S. If you can’t get the visa interview, consult with DSO to see if you can take online courses for Fall 2021. |
If your case is not listed in the table, it is encouraged to reach out to your DSO at your school or read the Fall 2021 updates.
Other things to note:
Transfer students are tricky because they are considered as “new students” because they are issued the new Form I-20. If they were outside the U.S., DSO should request for data fix when they decide to come back to the U.S. Transfer students who have been in the U.S. should make sure that they take at least one person course per the guideline.
Additionally, the guidance mentions the arrival time frame for returning students: “students should seek to return to the United States within 30 days of the next available session start date.”
Many students overlook the importance of having a valid passport. It is one of the responsibilities of international students to keep a valid passport and what is more, students with an expired passport cannot apply for the OPT (Click the related blog post for details).
Related blog post: My visa /passport is expired, can I apply for OPT?
Students who could not travel to renew or extend the passport “should contact their country’s embassy or consulate to identify options for passport extension or renewal. If students decide to depart the United States, they will not be eligible to apply for readmission until they renew their passports.”
This blog post delivers important points about the Fall 2021 updates for continuing and new international students. All COVID-19 impacted F-1 visa information can be found on the F-1 visa info page. For its impact on OPT and STEM OPT regulations, click the OPT and STEM OPT pages respectively.
One comment
Pingback: The cheapest air flight & Fall 2021 immigration documents - SEVIS SAVVY