How the Post COVID19 Update impacts international students

Along with the White House’s announcement on the end of the COVID-19 National Emergency, ICE finally published the Post-COVID-19 guidance for international students for Academic Year 2023-2024 and beyond.

For those who are not familiar with ICE, ICE stands for U.S. Immigration and Customs Enforcement and they are the ones who provided guidance for international students and schools during the pandemic.

ICE’s COVID-19 flexibilities include allowing current students to take more online classes and engage in remote work for students who work on-campus, OPT/STEM OPT students. To learn more about the log of COVID policy updates, go to the F-1 Visa page and click the “COVID-19” tab.

Therefore, it is essential for international students and U.S. universities to understand what goes back to pre-COVID and what stays to better plan their studies and work in the U.S.

Based on the official document, SEVIS SAVVY will provide easy to understand summary for international students in plain English.

On May 11, 2023, the Student and Exchange Visitor Program (SEVP) terminated its Coronavirus Disease (COVID-19) guidance to coincide with the end of the COVID-19 National Emergency and Public Health Emergency. This document provides answers to frequently asked questions from SEVP stakeholders about the impact of the termination of COVID-19 flexibilities.

Frequently Asked Questions for SEVP Stakeholders Post-COVID-19

Contents

• How many online classes can international students take post-COVID-19?
• Can international students work remotely post-COVID-19?
• Post-COVID-19 travel-related policies

How many online classes can international students take post-COVID-19?

ICE confirms that all (new and current) international students must comply with the original immigration regulation regarding online classes. To sum,

• New (incoming) students CAN NOT be issued Form I-20s if they are admitted into a 100% online program
• New (incoming) students CAN NOT be issued Form I-20s if they are taking too many online classes (full-time requirement will be explained below)
  • New students who got admitted into a Language learning program (e.g. Intensive English Program) cannot take any online classes.
• Current (returning) international students CAN NOT remain in the U.S. if they are taking too many online classes, thus not meeting the full-time requirement, even if the college/university switches the mode of instruction to entirely online. (Schools that change the mode of instruction to 100% online cannot have international students. Students in this scenario will have to transfer to different U.S. colleges/universities).
  • One of the COVID-19 flexibility policies allowed F-1 visa holders to take more online classes than the regulation if they have maintained the “Active” status since March 2020. This policy is no longer effective. All returning students must meet the full-time requirement as listed below.
• Current (returning) international students who are taking online classes from their home countries and not planning to come back to the U.S. must be terminated on SEVIS. “Students who wish to continue their studies in F-1 or M-1 status must re-enter the United States.”

Full-time requirement for international students

• Per full-time requirement, undergraduate-level international students must be registered for at least 9 in-person credit hours (as only 1 online class/3 credit hour of online classes can be counted toward the full time of the study, AND undergraduate students need to take at least 12 credit hours per term).
• Graduate-level international students must be registered for at least 6 in-person classes otherwise they meet the full-time requirement by working through GA/TA/RA per institutional policy (as only 1 online class/3 credit hours of online classes can be counted toward the full-time of study AND graduate students need to take at least 9 credit hours per term).

Can international students work remotely post-COVID-19?

Thankfully, ICE will continue to accommodate the increased needs of international students by allowing them to work remotely.

That being said, it is worth noting that students need to meet the following conditions:

• On-campus: Per the announcement, students can telecommute “if the on-campus employment opportunity has transitioned to remote work or the employment can be done through remote means…” “Schools should be able to explain how the students are providing services associated with the employment while not at the location of the employer.”
• CPT: For some reason, ICE did not specify if CPT participants can work remotely. This part will be updated if there are more updates but if you don’t see any updates, please reach out to your school to confirm if you can engage in online internships through CPT.
• OPT: Per the announcement, “Students participating in OPT and STEM OPT may work remotely as long as they continue to comply with the regulatory requirements” OPT rules include…
  • The position must be directly related to the major
  • (post-completion OPT) The position must require the OPT participants to work at least 20 hours per week
• STEM OPT: Students must provide Form I-983 and remote work location should be listed in the Form I-983 training plan.

Related blog post 1: STEM OPT I-983 Training Plan 30 sample answers
Related blog post 2: When to complete the Form I-983 STEM OPT training plan again

Post-COVID-19 travel-related policies

1. Electronic I-20

Form I-20s can continue to be electronically signed and sent electronically to students. Please note that students still have to print Form I-20 and sign with a pen.

Therefore, students who need to get a new travel endorsement can receive electronically signed or scanned copies of wet signed Form I-20s via email and present that at the immigration.

Related blog post 1: Vaccine requirements and electronic I-20 for internationals
Related blog post 2: All about F1 immigration status; entry date, Form I-515As

If a student or school official encounters an issue with a government partner accepting an electronically signed Form I-20 or has questions about the policy guidance, please contact the SEVP Response Center (SRC). SRC contact information is available at the end of this FAQ document.

Frequently Asked Questions for SEVP Stakeholders Post-COVID-19

2. OPT application

International students who plan to apply for OPT must submit the online/paper application within the U.S.

Related blog post 1: How to file Form I-765 online for OPT, STEM OPT
Related blog post 2: Can I file the I-765 OPT application outside the US?

3. When to re-enter the U.S.

• New (incoming) students: New students can enter the U.S. as early as 30 days prior to the program start date. The earliest date to enter the U.S. is actually written on Form I-20.
• Current (returning) students: F-1 visa holder “students should return to the United States within 30 days of the next available session start date to begin the 2023-24 academic year.”
• 5-month rule: Any F-1 visa holders including transfer students must return to the U.S. within 5 months except for study abroad program participants and RCL-approved students for medical illness. Otherwise, Form I-20 needs to be terminated and international students would have to re-apply for the Form I-20 and re-pay the SEVIS I-901 fee.

Related blog post 1: Why 30~60% of student visa applicants get refused
Related blog post 2: F-1 student visa 5 month rule: Why you need to come back to the U.S. within 5 months

I can see some good things came out of COVID-19 like remote work and electronic Form I-20/Form DS-2019 flexibility although going through the pandemic was tough for many people around the world.

If you read it so far…great job!

You are ready to better plan your upcoming semester academically and professionally.

Remember someone is paying for your education which can cost thousands of dollars and it is your right to know!

To learn more about the must-know F-1 visa rules that international students, go to the F-1 visa page, for OPT rules, go to the OPT page.

If you haven’t already, follow SEVIS SAVVY on Instagram (@sevissavvy), Facebook (@sevissavvyfb), and Youtube (@hannathesavvy), and do not miss any important updates in the future!