Many international students have relieved after the news that the recent ICE rule, that prohibits international students from entering to and remaining in the U.S, was rescinded. Well there are another good news! Department of States recently announced that visa services will resume step by step. Almost all U.S. embassies across the globe have been closed for normal visa processing since March and now U.S. Embassies and Consulates are beginning a phased resumption of routine visa services.
Moreover, back in June, President Trump signed Presidential Proclamation which limits 4 work visas. Travel.state.gov released new updates which allow students with F-1 and M-1 to enter the U.S. along with other individuals who fall into certain categories. This blog post explores which F-1/ J-1 students can enter the U.S. and maintain their SEVIS records based on U.S. embassy reopening date updates and travel exceptions.
Related blog post: Trump H1B Visa suspension 6/24~12/31 2020
Contents
- Phased resumption of routine visa services
- Exceptions to suspend the entry of immigrants and nonimmigrants
- Can I enter the U.S. or maintain the Active SEVIS record?
Phased resumption of routine visa services
Since the Department of State announced their plans to resume the visa processing, Some countries like South Korea has announced that they are going to resume the visa processing from today (7/20). Therefore, search your local embassy in your home country and see if there’s any U.S. embassy reopening date update. Below is the summary of answers from the Department of State regarding the visa services phased resumption of routine visa services.
- Which additional visa services are embassies/consulates beginning to provide?
- travelers with urgent travel needs; students (F-1, M-1, and certain J-1)
- some family members of U.S. citizens consistent with Presidential Proclamation 10014 (P.P. 10014 suspends the issuance of new green cards. It is not directly related to international students but you can refer Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak)
- What criteria are missions using to determine when to resume routine services?
- medical infrastructure
- COVID-19 cases
- emergency response capabilities
- restrictions on leaving home
- What steps are being taken to protect customers from the spread of COVID-19?
- physical distancing in our waiting rooms;
- scheduling fewer interviews at a time;
- frequent disinfection of high touch areas; and
- following local health and safety regulations
- How can I schedule emergency visa appointment?
- Applicants can find instructions on how to request an emergency visa appointment at the Embassy or Consulate’s website.
Exceptions to suspend the entry of immigrants and nonimmigrants
To mitigate unemployment risks in the United States due to COVID-19, President Trump suspended certain several work visas until the end of the year (P.P. 10052). However, the Department of State (DOS) showed their intention to implement this Presidential Proclamation “in accordance with all applicable laws and regulations.” Would this mean that the DOS agrees that the proclamation violates the law? Interestingly, some people heard through the grapevine that the tech and business industry lobbied to push the government on this as they were not able to recruit nonimmigrants.
The Department of State is committed to implementing this Proclamation in an orderly fashion in conjunction with the Department of Homeland Security and interagency partners and in accordance with all applicable laws and regulations.
Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak
Anyway, exceptions are summarized below and it is confirmed again that students with J visas can seek entry to the U.S. Many partnered universities were asking if students can cross the border due to the P.P. 10052. Unlike F visa, J visa has multiple categories in it and P.P. 10052 didn’t prohibit J-1 students from coming into the United States.
However, though, if you are from Schengen Area, the UK, and Ireland, you need to initiate an exception request. Other than J students, individuals who fall into these categories are allowed to be issued visas, stamp, and enter the U.S. (Please note that the H visa type was covered briefly as it has an “indirect” relationship with international students. Likewise, the L visa type was not covered as it doesn’t have any “direct” relationship with foreign students. Full list of exceptions can be found here.)
- Applicants who are subject to aging out of their current immigrant visa classification before the relevant P.P.s expire or within two weeks thereafter.
- H-1B visa holders: healthcare professional, or researcher in an area of public health
- H-2B visa holders: invited for U.S. military base construction (e.g. associated with the National Defense Authorization Act) or IT infrastructure
- J-1 visa: An exchange program conducted pursuant to an MOU, Statement of Intent, or other valid agreement or arrangement between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests if the agreement or arrangement with the foreign government was in effect prior to the effective date of the Presidential Proclamation.
Students traveling from the Schengen Area, the UK, and Ireland on a J-1 may contact the nearest embassy or consulate to initiate an exception request.
The U.S. Department of State – Bureau of Consular Affairs
Can I enter the U.S. or maintain the Active SEVIS record?
Thus, from the visa standpoint, all of students can basically fly into the United States. However, it is ICE guideline which was published in March that requires initial students to remain in their home countries. It has been noticed that ICE is going to issue further guidelines on initial students who are outside the U.S.
However, after their recent guideline, which ordered international students to depart the country if they are enrolled in 100% online schools, was rescinded, they are not sharing any note on when this “further guidance” will be released. SEVIS SAVVY will deliver the good news so make sure you subscribe for the newsletter and follow us on social media.
| | Inside the U.S | Outside of the U.S. |
| Initial | New students INSIDE the U.S. who are transferring their SEVIS record to a new school (SEVIS Transfer Pending) will be allowed to remain in the U.S., be registered in SEVIS to be in active F-1 status, and enroll full-time (in any format of classes). | New students who are in initial status in SEVIS and wish to enroll fully online for the fall 2020 semester will NOT be allowed to enter the U.S. in F-1 status for the fall semester as of 7/20. |
| Active | To maintain F-1 status, students must be enrolled full-time, and there’s no longer any in-person course requirement for F-1 students. | May remain active in SEVIS from abroad, as long as student maintains full-time enrollment. |
All the most recent news regarding the traveling and COVID-19 impacted updates for international students can be found on the F-1 visa info page. OPT and STEM OPT updates can be found on OPT and STEM OPT pages respectively.
