SEVP Guidance for Fall 2020 - F1 and M Students

SEVP: In-person Classes must for F1, M students. If not, leave US. No Visas

In F1 Visa by KumarUpdated : 20 Comments

The Student and Exchange Visitor Program (SEVP), which is part of Immigration and Customs Enforcement (ICE) announced changes to the exemptions that they had for F and M students during the COVID-19. They made in-person classes mandatory for Fall 2020 and gave guidance for schools and F1 and M visa students for Fall 2020. We will look at all the news release, including previous exemptions, online class related regulations in this article.

DHS/ ICE were sued for the SEVP guidance in this article by MIT and Harvard. Eventually, DHS canceled the below policy guidance given to Students. So, the below article does not apply. Check more at Lawsuit against DHS by MIT & Harvard.

We believe, it is very important to understand the background of any issue or news, so that everyone understands the actual facts and can relate the current news to the official rules.  

Background: Number of Online Classes Official Regulation

In general, as per regulation, you can take only one online class or 3 credits per semester or quarter that counts towards your degree or the F1 study requirement.  This is not new requirement for F1 students as they need to be enrolled full time during any semester. Usually F1 students take about 9 credits or 3 courses in most of the schools for full time status. As per regulation, they should take at least 6 credits or two courses that are in-person instruction.  See below screenshot of regulation 8 CFR 214.2(f)(6)(i)(G). For more read Credit Hours – F1 Full Time Status

Online Classes for F and M Students Regulation
Regulation on number of online classes for F and M Students

Now that we know the regulation, let’s look at the exemptions given for COVID-19 by SEVP.

Previous COVID-19 Exemptions given to US schools by SEVP

SEVP issued a guidance on March 9th, 2020 saying that they want to ensure non-immigrant F an M visa students are able to continue studies during the pandemic to meet the federal regulations. They did not restrict full online course load or put in any restrictions for F and M students enrolled and already in US. SEVP said that they were giving flexibility to schools on how to adapt to their procedures to comply with local state regulations. Also, they said that Schools need not give prior intimation on the adaptions that they are doing during pandemic but are required to report those changes to SEVP for mandatory compliance. See below guidance screenshot.

SEVP regulations flexibility COVID-19
SEVP regulations flexibility given in March 2020

They also issued a SEVP Reporting Template for reporting the same. It has details like if they classes are held online and how schools are making sure F1 students are maintain status. See below screenshot of few questions.

F1 Students Questions COVID-19 Template SEVP
Some of the questions that schools need to inform SEVP on the F and M students

In summary, as of today, SEVP gave that flexibility option to schools to ensure F1 students are enrolled either online or in-person and meet the full-time study requirements. Now, this flexibility will change from Fall 2020. Let’s look at the details.  

You may watch the below YouTube video as well, it covers all the news in the article.

SEVP Changes in Exemptions for Fall 2020 for F and M Students

Below are the temporary exemptions changes by SEVP for Fall 2020 that are applicable to F1 and M students.

Full Online Courses – Leave US, Cannot enter, No Visas given

If the school (university) that F1 or M student is currently attending or planning to attend is going to be operating in full online courses mode, then below are the restrictions applicable for such students.

  • No full online courses : Current F and M students attend such schools cannot take full online course load and be in US. They need to depart US, if all their course are going to be online.
  • No F1 or M Visas Given : US Dept of State will not issue F1 or M visas to students, who plan to attend such schools that offer full online course in Fall 2020.
  • CBP will NOT allow : Even, if you have F or M visa stamp in passport, CBP will not allow you to enter US, if the school you plan to attend is offering all the program related courses online only for Fall 2020
  • Depart US or Transfer to in-person school : If you are enrolled in schools that offer full online classes only, you should depart US or transfer to other schools that offer in-person classes to remain in lawful status.
  • Can be deported : If you do not leave US or transfer schools in situations as described above with full online classes, you can be subject to deportation. You need to follow the guidelines given by ICE and SEVP.

Normal in-Person Classes schools – only One online Course

If F and M visa students are attending schools that offer normal in-person classes, in such cases, they need to comply with federal regulation as explained above in the background section of article and enroll in only one online class or 3 credit hours only.

Hybrid Model Schools with In-person and Online Classes

If the schools that students are attending or plan to attend will adopt a hybrid model, meaning mix of online and in-person classes, then they will be allowed to take more than one online class or three credit hours online.  Technically, what they mean is the course work for a class would be a mix of online lectures or activities and in-person lectures or activities. All such schools should certify in I-20 indicating that the program is not fully online, and student is not taking more than one online course load for Fall 2020 semester.   

Below is the actual screenshot of key changes sent to all the stakeholders.

SEVP Temporary Exemptions Changes for Fall 2020 F and M students

Changes by School to Full Online Courses midway during Semester

If a University changes its stance midway during semester to do full online classes, in such cases, F and M students have to depart US or find alternatives to transfer to in-person classes school to maintain status. If not, they will be violating their status.

English Language Training Programs or M1 students – No online classes

The hybrid model or any of the above listed exemptions for taking online are not allowed or permitted for M1 Students or F1 students enrolled in English Language training Programs.  The reason is, as per regulation, online classes are not allowed for such students. See below regulations info screenshots of 8 CFR 214.2(m)(9)(v) and 8 CFR 214.2(f)(6)(i)(G)

No Online Program for F1 Language Programs - M
Regulation on No online classes for F visa students in Language programs.
Online Program Requirement for M1 Students
Regulation on Online Classes restrictions for M visa students

New I-20s to be Issued with remarks for Fall 2020

If a student is planning to attend Fall 2020 or already in US and continuing studies in Fall 2020, they need to get New I-20 from  Designated School Officials (DSOs) indicating that the school is not operating in full online courses mode and student is not taking full online courses for Fall 2020 semester. This info needs to be updated in the Remarks Filed in I-20.

SEVP also announced to re-issue all I-20s for Fall 2020 within 21 business days from today, which is August 4, 2020. Also, they said to prioritize fall 2020 students arriving to US from outside of US.

Taking Courses by Staying outside of US, can maintain Active SEVIS

All continuing F and M visa students, who are outside of US as their university only offers full online courses, can have active status in SEVIS, if they take full course load to meet F and M study visa requirements. They need to get new I-20 from DSO that has annotation telling that student is outside of US but taking full course as the school is only offering online courses for Fall 2020. They also clarified in FAQs that it can be done. Check below and Official FAQs by SEVP

Can student study outside US - SEVP update

OPT, CPT, STEM OPT Students can continue normally

SEVP also said that current F1 students engaged in approved practical training like CPT during program study or working on OPT, STEM OPT that is done after degree program can remain in active status and continue their practical training. See below guidance

OPT and STEM OPT - CPT Guidance for Fall 2020
CPT, OPT, STEM OPT guidance by SEVP

SEVP also instructed schools to inform them on their operational plans for Fall 2020 for their school, so that they can have oversight. Schools need to inform SEVP, if they are going to be fully online, in-person or hybrid mode of operation.

These changes to restrict entry of F and M visa students and also making some of them leave US, come on top the US entry ban of H1B, H4, L and other visa holders. This change is going to impact many schools plans to operate remotely considering the safety of everyone….It is going to impact dreams of many students planning to study in US.  What do you think of the change?

   

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Comments ( 20 )

  1. Rd

    Rd
    Hey Guys lets solidify this with support: Sign this

    https://petitions.whitehouse.gov/petition/allow-f-1-students-stay-us-through-fall-semester-if-instruction-online-due-pandemic

  2. Ryan Kafae

    I am currently in usa on f1 visa, im travelling to mexico for 8 days in august first week. My school will have in-class lectures.
    Do you think i will face any issue at re-entry? Also Is there is any limit on number of days i have to wait to re-enter usa?
    Thank you.

    1. administrator
      Kumar

      Ryan,
      As long as you have I-20 that clearly tells that you have in-person classes and your visa is valid, you will be fine. Discuss with DSO and carry all the documentation for re-entry.

  3. Bryan

    I was picked for H1B this year and was approved – expected to get it this October. I am currently on CPT enrolled in school. If I have to leave US, will this impact me on getting H1B due to the immigration ban?

    1. administrator
      Kumar

      Bryan,
      As per Trump proclamation in place, you cannot get H1B stamping at consulates, so that will impact your ability to come back to US on H1B. SEVP rule has no relation to H1B.

        1. administrator
          Kumar

          Bryan,
          This is a difficult situation, talk to your DSO or inquire with other schools, if they have options to transfer to that new school…
          This whole new SEVP guidance is a mess for many students…

          1. Bryan

            Understood, thank you. I was reading more into the immigration ban, and one of the line item states that the limitation and ban from entry only applies if the alien:

            (i) is outside the United States on the effective date of this proclamation;

            Does this mean that because I was on a valid F-1 visa on the date of this proclamation, if I were to leave the U.S. due to my school not offering in-person classes, I will be able to return with H1B in October?

          2. administrator
            Kumar

            Bryan,
            That is very much subjective and confusing line. Many tried that interpretations. If you go out, you will not be able to get h1B stamping….This is as per the State Department FAQs.

  4. J Chaudhuri

    What would be the impact on F1 visa in PhD program if course requirements are already over, so no course needs to be taken any more, but only research and CPT, OPT are left to be completed?

    1. administrator
      Kumar

      J Chaudhri,
      If your coursework is done and you have graduated, you will be on OPT, so you do not have any impact as you are not dependent on school. You will be fine and can do OPT normally. You need to ensure you follow all OPT requirements.

      1. sanjay ramasamy

        i think, the user wanted to know the impact on ph.d. students who has completed their in person classes and only research work is pending? in my understanding, it shouldn’t be an issue. Since research work is treated as course work in all departments i.e. student has to register for certain credit hours. So it will be considered as “Hybrid” since it warrants some sort of physical presence in campus to carry out experiments or simulations.

        1. administrator
          Kumar

          sanjay,
          got it. agree. But, I would suggest still check with DSO and get it clarified. Also, get the new I-20 that tells the mixed mode remark, so that it is safe.

        1. administrator
          Kumar

          J Chaudhuri,
          As long as you have courses and enrolled full time with mixed mode research on campus and work, it maybe fine. Check with DSO.

      2. J Chaudhuri

        Hi Kumar,

        Coursework is over but PhD research is not. Still a few years left to graduate. Next semester would be enrollment with continuation credits.

        Will the new rule impact the above case?

    1. administrator
      Kumar

      Surbhit,
      It only applies to F1 and M1 students who are full time students and have requirements. No restrictions on H4 visa to have full course load. she should be fine.

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