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Category: Immigration

ICE Clarifies Rules for Autumn 2020

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The ICE Student Exchange and Visitor Program has published an updated FAQ clarifying certain issues of concern for Autumn 2020. The FAQ explains that F and M students, and schools certified by SEVP, should continue to abide by the guidance published in March. The document has additional information for DSOs.

Summary:

ICE has clarified that international students who were enrolled in a US institution as of March 9th, 2020, may be issued an I-20 and retain their non-immigrant status even if their classes are entirely online. These students may remain in the US if they are already here. If they have subsequently left the country, they are likely eligible to return to the US on their existing student visa. Travel may be subject to COVID-19 travel restrictions. Visa eligibility for travel to the US is determined by the Department of State, not ICE.

However, initial students, who were not enrolled in a US institution as of March 9th, 2020, may not be issued an I-20 if their classes are entirely online. Thus, they cannot obtain an F-1 Visa for travel to the US if they are taking entirely online classes.

Additional Information from ICE and the Department of State

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On July 15th, US Immigration and Customs Enforcement published an updated FAQ for SEVP stakeholders following the repeal of the “July 6th Directive”. Of note, initial students should not travel to the US to begin their program. SEVP provides further guidance for designated school officials.

Additionally, the US Department of State has announced that certain visa holders departing from the Schengen Area, UK, and Ireland may travel to the US, even under current prohibitions. This does not apply to travelers departing from China, Brazil, or Iran.

  • F-1 and M-1 visa holders do not need to apply for an exception to travel to the US.
  • J-1 visa holders should contact their nearest US Embassy or Consulate to request an exception to travel to the US.
  • H-1B and other visa holders must qualify for a national interest exception. This requires that they are seeking entry for purposes related to the public health response to the pandemic, humanitarian, or national security reasons. If travelers believe they qualify, they should contact their nearest US Embassy or Consulate.

ICE SEVP Directive Withdrawn

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US Immigration and Customs Enforcement has withdrawn the “July 6th” directive requiring F-1 and M-1 students to leave the US if their classes are entirely online. The Student Exchange and Visitor Program (SEVP) will revert back to guidance issued at the beginning of the pandemic, meaning students will not face deportation based on the format of their classes.

Live updates here.

State Department Begins Phased Resumption of Routine Visa Services

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The US Department of State has announced some consular posts will begin phased reopening of routine visa services, depending on Department-wide safety determinations and local conditions. Travelers with urgent needs and traveling on academic visas (F-1, M-1, certain J-1) will be the first ones eligible to schedule interviews. Applicants are encouraged to check the post’s website for country-specific reopening information.

Washington State Files Suit Against DHS

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Washington State Attorney General Bob Ferguson filed a federal lawsuit on Friday against the US Department of Homeland Security, citing harm from the “July 6th Directive” which will require F-1 and M-1 students to leave the US if their classes are entirely online due to COVID-19.

The suit, filed in the US District Court for the Western District of Washington, specifically accuses the rule of being “cruel, arbitrary, and capricious”. The suit goes further to call the directive “illogical and illegal”, and specifically cites harm to institutions such as the University of Washington and our students.