US Immigration and Customs Enforcement has withdrawn the “July 6th” directive requiring F-1 and M-1 students to leave the US if their classes are entirely online.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.
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 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.
Today, US Immigration and Customs Enforcement’s Student Exchange and Visitor Program (SEVP) modified temporary exemptions for non-immigrant students taking online classes due to COVID-19.
The modifications include:
Even under the hybrid model, F-1 students may not remain in the US if all of their classes are online.
Currently, US Embassies and Consulates are still not conducting any routine visa services. Additionally, foreign students may be affected by COVID-19 entry restrictions, which bar foreign nationals coming from Brazil, China, the Schengen Area, UK, Ireland, and Iran.
Today, President Trump signed an executive order curtailing H-1B, H-2B, H-4, L, and certain J visas, as well as immigrant visas, through December 31, 2020: “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”.
Limited exemptions may be provided for those working in the food supply chain, as well as limited national security exemptions as determined by the Secretaries of State and Homeland Security. Also exempted under Sec. 4(a)(i) are persons providing medical care for COVID-19 patients or conducting medical research to combat COVID-19. With regards to J visas, professors, alien physicians, and research scholars appear to be exempt.
The proclamation applies only to persons who are outside the United States and who do not hold a valid non-immigrant visa or official permission to travel as of June 24, 2020.
The full text of the proclamation is available here. Our office is actively working with our partners to better understand the scope of this proclamation, and will update this post as new information becomes available.