100% online school students can’t enter the U.S. for Fall 2020

Many international students and stake holders of International education were wondering how Fall 2020 would look like especially from the immigration stand point. Finally SEVP (Student and Exchange Visitor Program) announced temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester on July 6th. Based on the SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester, F-1 visa holders who are enrolled in 100% online only schools should not seek entrance to the U.S. with current I-20 or F-1 visa. Again, before you freak out, please double check with your college as to what kind of method of instructions will take place for Fall 2020 intake. The summary of the updates along with what students can do in each scenario will be illustrated in this blog post.

Contents

• Summary of the SEVP updates
• Possible action plans for students based on the updates

Summary of the SEVP updates

1. If your institution announced that Fall semester will go entirely online, you should not remain in the U.S. nor seek to enter the U.S. as the update clearly states that “Non immigrant students… attending schools operating entirely online may not take a full online course load and remain in the United States.” If you are currently in the United States you, SEVP guides you to depart the country or transfer to other colleges or universities which delivers in person courses.

Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status. If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.

SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester

2. If your school is planning to operate as usual (with in person classes), current F visa rules apply to you including full time course load requirements. This means, only one class or number of classes that are equivalent to three credits will be counted toward the full time course load.

Nonimmigrant F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online.

SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester

3. If your school is offering both online and in person courses, you can take more than one online class. In this case, you will have to obtain the new I-20 that states 1). the program is not entirely online, 2). the student is not taking an entirely online course load this semester and 3). the student is taking the minimum number of online classes required to make normal progress in their degree program. Now lots of students are confused as to how many online classes will be allowed to take while maintaining F visa status. This will be discussed in the next blog post as it is on e of those things that need more guidances and clarifications from SEVP. It is worth to mention that this exemption doesn’t apply to students who are enrolled in English learning programs.

Nonimmigrant F-1 students attending schools adopting a hybrid model—that is, a mixture of online and in person classes—will be allowed to take more than one class or three credit hours online. These schools must certify to SEVP, through the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program. The above exemptions do not apply to F-1 students in English language training programs or M-1 students pursing vocational degrees, who are not permitted to enroll in any online courses.

SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester

Possible action plans for students based on the updates

Below is possible action plans that you can take based on immigration regulations and SEVP updates. Please note that institutional policies can be different. Thus, good practice is to confirm with your international student advisor and make sure you are aware of possible risks and consequences before you go further.

• Case 1: F-1 students in online only schools like California State University System.
  • New students: Register online classes and enter the U.S. when your school re-opens.
  • Transfer to colleges that offer in person classes: If there’s any colleges and universities near your home university, you may save some money and time to move all of your belongings in the U.S.
  • Withdrawal: Search your school’s withdrawal process and follow the steps. Make sure to notify your international advisor so that your SEVIS record can be terminated with authorized early withdrawal. To collect your belongings, you may seek to enter the U.S. with visitor visa, if possible.
  • If you have taken all academic courses but needs to work on research/dissertation/thesis: Consult with your advisor if it can be conducted online. If there’s no other way than in person instruction, you may ask the professor to write an letter to support your entrance to the U.S. (again, nobody knows if this attempt would work!) *Please check out the next blog regarding the internship options.
  • Impact on OPT/ CPT: 100% online school’s students’ SEVIS record will be remain active as long as they show the progress toward the completion of the program. This means, Fall 2020 will be counted into 1 year of full academic year requirements for applying CPT/OPT although students take classes remotely.

Related blog post: F-1 student visa 5 month rule affected by COVID-19

• Case 2: International students enrolled in schools that provide in person classes.
  • New students or returning students who need to obtain the new visa: If you cannot get visa on time due to U.S. embassy closures, consult with your advisor. You may be allowed to take online classes based on the institutional policy and enter the U.S. in the following term.
  • Current students who have valid F-1 visa but prefer taking online classes: Reach out to your international student advisor and show your interest in taking 100% online classes in your home country. Be mindful that your SEVIS record will have to be terminated. When you plan to physically come to the U.S. later, you have to get the new I-20, pay the SEVIS fee again and your practical training clock starts all over again. This means, students will have to enroll in one full academic year starting from Spring 2021 to be eligible for CPT and OPT.
  • Withdrawal: Search your school’s withdrawal process and follow the steps. Make sure to notify your international advisor so that your SEVIS record can be terminated with authorized early withdrawal. To collect your belongings, you may seek to enter the U.S. with visitor visa, if possible.
  • If you have taken all academic courses but needs to work on research/dissertation/thesis: No issue is anticipated.
• Case 3: Foreign students in schools which adopt a Hybrid model
  • New students or returning students who need to obtain the new visa: If you cannot get visa on time due to U.S. embassy closures, consult with your advisor. You may be allowed to take online classes based on the institutional policy and enter the U.S. in the following term.
  • Current students who have valid F-1 visa but prefer taking online classes: Reach out to your international student advisor and show your interest in taking 100% online classes in your home country. Be mindful that your SEVIS record will have to be terminated. When you plan to physically come to the U.S. later, you have to get the new I-20, pay the SEVIS fee again and your practical training clock starts all over again. This means, students will have to enroll in one full academic year starting from Spring 2021 to be eligible for CPT and OPT.
  • Withdrawal: Search your school’s withdrawal process and follow the steps. Make sure to notify your international advisor so that your SEVIS record can be terminated with authorized early withdrawal. To collect your belongings, you may seek to enter the U.S. with visitor visa, if possible.
  • If you have taken all academic courses but needs to work on research/dissertation/thesis: To be safer, email your advisor and inform of your academic plans to make sure your I-20 clearly indicates that you are going to participate in person researches.

Related blog post: Work from home OPT, CPT and electronic I-20