Updated Visa Guidelines International Students Should Know

Since the coronavirus pandemic forced school closures nationwide and a transition to online classes, enrolled international students have had numerous questions about possible changes in visa guidelines. To help schools and international students steer through these unprecedented times, the U.S. government’s Student and Exchange Visitor Program, or SEVP, has released guidance on student visa regulations, which it continues to update as the COVID-19 situation evolves.

Many international parents and students have concerns, says John Gu, an educational consultant who works mainly with Chinese students and is the founder of Unibond Education in Massachusetts.

“Returning students worry about the interruption of international travel,” Gu says. “Other concerns include the economic impact on their financial aid or school-sponsored work opportunities, lack of internship opportunities, shortage of international student support due to funding cuts, schools’ financial stability, etc.”

Those concerns and overall confusion have likely grown after SEVP announced on July 6 that international students at colleges that provide only online classes this fall will not be able to remain in the U.S. — a rule that was then rescinded on July 14.

Here are four areas enrolled international students and recent graduates should be aware of in light of recent updated guidance from the government:

— Requesting a temporary absence

— Remote learning in the summer

— Taking online classes in the fall

— Flexibility with OPT required hours

Requesting a Temporary Absence

To maintain their immigration status, students on an F-1 student visa must enroll in what’s known as a “full course of study.” For the spring and summer, per government guidance, if students are not willing to enroll in online classes and therefore are not taking a full-time course load, they will have to request a temporary absence.

“Students can still take a leave of absence,” Carissa Cutrell, a spokeswoman for U.S. Immigration and Customs Enforcement, wrote in an email, in response to the stricter guidelines released on July 6 that have now been rescinded.

Students planning to take the option of a temporary absence should contact their designated school official, or DSO, who helps them maintain their legal status to study in the U.S.

Typically, an F-1 student may be able to take an authorized leave of absence from school due to unforeseen circumstances. When students take a temporary absence, their record in the Student and Exchange Visitor Information System, or SEVIS, will be set to terminated status for “Authorized Early Withdrawal.” SEVIS is used by the U.S. government to maintain information on international students.

When students take an authorized temporary absence of less than five months, their record can be corrected in SEVIS to active status when they return and re-enroll in school, which will allow those students to re-enter the U.S. using their previous SEVIS ID number, according to the U.S. Department of Homeland Security, known as DHS.

[Read: What International Students Should Know About Maintaining Visa Status.]

Students outside the U.S. for more than five consecutive months will need to obtain a new Form I-20, the Certificate of Eligibility for Nonimmigrant Student Status, an important form used throughout an international student’s studies in the U.S. They must also pay the I-901 SEVIS fee again if their original visa is no longer valid.

But as a result of COVID-19, there may be more flexibility. “Given the uncertainty that still exists, especially with the various travel restrictions and the temporary closure of U.S. embassies and consulates around the world, the five-month rule has been relaxed for the time being,” says Christian Stuart, executive director of the Center for On-Campus International Student Services in the College of Education and International Services at Andrews University in Michigan.

Remote Learning in the Summer

U.S. government regulations typically permit international students to take just one online class a semester. However, due to the coronavirus pandemic, SEVP issued guidance in March that gave universities some flexibility to implement temporary adjustments, such as moving to online instruction, that would not affect the immigration status of enrolled international students who maintain their full course of study online.

SEVP says the temporary changes that permit international students to participate in remote learning remain valid through the summer session.

“F-1 students who are not in the United States, but attend a college or university that offers online or other alternative learning procedures, must participate in these programs to remain in valid status,” says Raymond G. Lahoud, an immigration attorney and member and chair of Norris McLaughlin’s Immigration Practice in Pennsylvania.

Stuart says once colleges begin offering only on-campus classes without online learning alternatives, “international students will be required to return to the U.S. to take the in-person classes, and if they are unable to return to the U.S., DSOs will be required to terminate student records.”

Taking Online Classes in the Fall

Though SVEP permitted international students to continue with their spring and summer courses online, policies were changed for fall 2020 on July 6, only to be reverted on July 14.

The July 6 guidance stated that international students who attend institutions that have announced they will have online-only classes in the fall — such as Harvard University and the University of Southern California — must leave the U.S. to take online classes from their home country, or transfer to another school that offers a hybrid of in-person and online courses.

It also stated that students attending those schools that offer a mix of online and in-person classes would be allowed to take more than one class or three credit hours online, but only “the minimum number of online classes required to make normal progress in their degree program.”

However, at the start of a July 14 hearing in a federal lawsuit brought by Harvard and the Massachusetts Institute of Technology challenging the new policy, the judge announced the Trump administration will return to the policy that has been in effect since March. That means current international students in the U.S. can continue to take online classes in the fall if necessary due to the coronavirus pandemic.

“I think that it is extremely good news for millions of international students across the country, most especially since it means that they can continue their education and not risk their health,” says Keziah Theresee Gerosano, an international student from the Philippines.

Gerosano says she has a low immune system and is planning to take online classes since it is a safer option for her. She is a transfer student from Northern Virginia Community College and is slated to attend The King’s College in New York City in the fall, which will be holding in-person classes. Gerosano plans to earn a bachelor’s in politics, philosophy and economics.

“For me it represents equality and justice — because like American students — international students also have the same basic human rights such as the right to health and education,” Gerosano says.

[Read: Ways U.S. Colleges Support International Students During Coronavirus.]

In light of the confusion around the government guidance, Lahoud has seen international students take different approaches. Some F-1 students are taking a gap term, “seeking changes of status to visitor visas with plans on traveling throughout the United States, with the hope of changing their status back to the F-1 visa when and, if, any normalcy in higher education returns,” Lahoud says.

Flexibility With OPT Required Hours

Another area with updated guidance that international students should be aware of relates to temporary employment through the Optional Practical Training, or OPT, work program. Typically, for what’s known as post-completion OPT, students who have completed their degrees must work at least 20 hours a week.

[Read: What to Know About Optional Practical Training Work Authorization.]

SEVP previously updated its guidance due to COVID-19 so that if the economic impact of the coronavirus outbreak caused students’ hours to drop below 20 hours a week, they would still be counted as taking part in OPT.

“Students currently in the U.S. on OPT have some flexibility. Since OPT can either be a paid job or volunteer work or a combination of both, a student who drops below 20 hours per week of work hours might consider adding some volunteer hours,” Stuart says.

He says students who are outside of the U.S. can participate in OPT if they had already applied and been approved before they left in the spring term, and if the OPT work remains with a U.S.-based company or organization and the student can do the work remotely.

“For example, if a student completed a teaching degree in the spring term and was offered a teaching position through OPT for the summer in a U.S.-based institution, but that teaching position is now for an online class because the institution moved to remote learning, the student can continue with the OPT while outside of the U.S.,” Stuart says.

It remains unclear whether international students can apply for OPT while outside of the U.S. Matthew Bourke, a spokesman for U.S. Citizenship and Immigration Services, which is part of DHS, wrote in an email that OPT applications are being “evaluated by USCIS officers on a case-by-case basis to determine eligibility while noting all available information.”

International students must have an active status listed in SEVIS, Bourke says, and their designated school official must enter a recommendation for OPT into the student’s record.

As it continues to update its frequently asked questions document, SEVP says it will keep monitoring COVID-19 and provide updated information to colleges and international students.

Stuart recommends international students stay in direct and regular contact with their individual school’s international student services office and designated school official, and to avoid relying on rumors or anecdotal information.

“The DSOs and other international student services advisers at colleges and universities are monitoring the rapidly changing developments daily, taking in and processing updates from government agencies and interpreting students’ options based on relevant regulations,” Stuart says.

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Updated Visa Guidelines International Students Should Know originally appeared on usnews.com

Correction 06/19/20: A previous version of this article omitted the name of the law firm that employs Raymond G. Lahoud.

Update 07/16/20: This article has been updated with new information.

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