Hot off the presses! ICE just released the update to clarify questions for Fall 2020 based on March 9 guidance. As most of you already know, ICE’s recent guideline, which suspends the entry of the students who are enrolled in 100% schools, has been rescinded and returned to March 9 guideline. However, since the March guideline was published in the middle of the semester, it didn’t specify the cases for new and initial students. This is why incoming students as well as returning students whose SEVIS record is in initial status for any reason were confused as to how many online courses they can take or if they are even allowed to enter the U.S.. The latest ICE update focuses on if international students can stay in the United States even though the method of instruction shift to online in the middle of semester or if students can enter to and remain in the United States. Frequently Asked Questions for Fall 2020 based on March 9 broadcasting message by ICE will be discussed with the SEVIS SAVVY’s interpretation for students’ better understanding.
Latest ICE update on March guideline
- Can F or M students outside the United States obtain a visa to study in the United States if their program of study will be fully online for the fall 2020 session?
- Can students apply for a visa to enter the United States for a hybrid program of study with online components beyond the limitations at 8 CFR 214.2(f)(6)(i)(G)?
- Can students continue to remain in the United States if they are engaged in a fully online program of study?
- Can students remain in the United States if their school switches from traditional in-person or hybrid instruction to fully online instruction?
- Can students remain in the United States in a hybrid program of study with online components beyond the limitations at 8 CFR 214.2(f)(6)(i)(G)?
- Others (I-20 remarks for students who study outside the U.S. and electronic I-20)
1. Can F or M students outside the United States obtain a visa to study in the United States if their program of study will be fully online for the fall 2020 session?
Whether an individual is eligible to receive an F or M visa is a decision that must be made by the U.S. Department of State and is not made by SEVP. Consistent with the SEVP Broadcast Message dated March 9, 2020, 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 fully online.
As a result, new or initial nonimmigrant students who intend to pursue a full course of study that will be conducted completely online will likely not be able to obtain an F-1 or M-1 visa to study in the United States. If a nonimmigrant student was enrolled in a course of study in the United States on March 9, 2020, but subsequently left the country, that student likely remains eligible for a visa since the March 2020 guidance permitted a full online course of study from inside the United States or from abroad.
The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and otherwise complying with the terms of their nonimmigrant status.
SEVIS SAVVY’s note on the guideline
Students should pay attention to the second paragraph as it gives two answers. First, if you are a new or initial student who is enrolled in the school that offers only online classes, you cannot be given the Form I-20 which means, you cannot schedule the visa interview. Second, if a student completed the course of study in the spring of 2020, she/he is eligible for a visa because March ICE guideline allowed international students to take online courses remotely. Based on the March guideline, the SEVIS record of the student is Active and he or she can apply for a visa and seek the entry to the U.S. even though the student is registered for 100% online courses for Fall.
2. Can students apply for a visa to enter the United States for a hybrid program of study with online components beyond the limitations at 8 CFR 214.2(f)(6)(i)(G)?
Whether an individual is eligible to apply for an F or M visa is a decision that must be made by the U.S. Department of State and is not made by SEVP. However, per the March 2020 guidance, nonimmigrant students seeking to enroll in a program of study that includes in-person and online components beyond the limitations at 8 CFR 214.2(f)(6)(i)(G), are able to maintain F-1 or M-1 nonimmigrant status if pursuing such programs during the fall 2020 school term. Nonimmigrant students in New or Initial status after March 9 will not be able to enter the United States to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online.
SEVIS SAVVY’s note on the guideline
Before we jump into the second FAQ, you might be wondering what is 8 CFR 214.2(f)(6)(i)(G). To put it simply it is the regulation regarding the number of online courses that foreign students can take. As you already know, one online class or three credits of online courses are counted toward the full course load and this is what the 8 CFR 214.2(F)(6)(I)(G) is about. I pasted the whole paragraph of the 8 CFR 214.2(F)(6)(I)(G) below for your reference. Now going back to the latest ICE update, the update says it is ok to be enrolled in more than one or three credits of online classes, given that you maintained the active status in the spring. On the other hand, the last sentence can be rephrased that new and initial status students should be enrolled in at least one in-person or hybrid course to be eligible for a visa and to enter the U.S. It is wise to confirm this with the advisor in your school. Also, it is good practice to print out the Fall class schedule that shows at least one course is in-person or hybrid just to be safe at the border.
For F-1 students enrolled in classes for credit or classroom hours, no more than the equivalent of one class or three credits per session, term, semester, trimester, or quarter may be counted toward the full course of study requirement if the class is taken on-line or through distance education and does not require the student’s physical attendance for classes, examination or other purposes integral to completion of the class. An on-line or distance education course is a course that is offered principally through the use of television, audio, or computer transmission including open broadcast, closed circuit, cable, microwave, or satellite, audio conferencing, or computer conferencing. If the F-1 student’s course of study is in a language study program, no on-line or distance education classes may be considered to count toward a student’s full course of study requirement.
8 CFR 214.2(F)(6)(I)(G)
3. Can students continue to remain in the United States if they are engaged in a fully online program of study?
Per the March 2020 guidance, yes, nonimmigrant students may remain in the United States to engage in full course of study online if they have not otherwise violated the terms of their nonimmigrant status since March 9, 2020. This includes students who have remained in the U.S. in active status and are starting a new program of study that is 100 percent online. These individuals do not need a new visa to continue their programs of study. Students engaged in 100 percent online coursework will be able to maintain their nonimmigrant status and not be subject to initiation of removal proceedings based on their online studies. If a student violates other U.S. laws or regulations, they could potentially be subject to removal.
SEVIS SAVVY’s note on the guideline
Again, if you are a returning student whose SEVIS record is in active status, you can be engaged in full course of study online and remain in the United States. In the same spirit, if you are an initial student because you changed your education level or because you transferred within the United States, and if you have been in the United States since March, you can take 100% online classes. Now we can see that different rules apply even in the same initial category.
| Inside the U.S. | Outside the U.S. | |
| Initial status student in in-person/hybrid school | Students can take 100% online classes and remain in the U.S. | Students should take at least one in person or hybrid class. |
4. Can students remain in the United States if their school switches from traditional in-person or hybrid instruction to fully online instruction?
Nonimmigrant students pursuing studies in the United States for the fall 2020 school term may remain in the United States even if their educational institution switches to a hybrid program or to fully online instruction. The students will maintain their nonimmigrant status in this scenario and would not be subject to initiation of removal proceedings based on their online studies. If a student violates U.S. laws or regulations, they could potentially be subject to removal.
5. Can students remain in the United States in a hybrid program of study with online components beyond the limitations at 8 CFR 214.2(f)(6)(i)(G)?
Nonimmigrant students may remain in the United States in a hybrid program of study, which consists of both in-person and online components beyond the limitations at 8 CFR 214.2(f)(6)(i)(G). Students will not face enforcement action or loss of their nonimmigrant status based on engaging in hybrid programs. If a student violates U.S. laws or regulations, they could potentially be subject to removal.
6. Others
I-20 remarks for students who study outside the U.S.
Schools should review SEVP’s COVID-19 FAQs for information how to issue Forms I-20. As noted in the FAQs, students who will be continuing their studies outside the United States should have the following comment in the remarks field: “Outside the United States due to COVID-19.”
Electronic I-20
Yes, DSOs may electronically send Forms I-20 to student email addresses listed in SEVIS.
To conclude, it is safe to say that returning students whose SEVIS record have been in active status is relatively free in terms of the number of online classes that they can take for Fall. Compare to the returning students, new and initial students should consider if their school is offering in-person or hybrid classes. If yes, then you can try to obtain the visa and enter the U.S., given that you are enrolled in at least one non-online class. It is worth to note that a student in initial status who has been in the United States since March can take 100% online just like their peers who are in active status. However, if your school is going entirely online AND if you are in a new/initial status AND you are outside of the U.S., you cannot enter the U.S.. I hope this blog post is helpful for you to better understand the guideline.
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