https://www.ice.gov/news/releases/sevp-modifies-temporary-exemptions-nonimmigrant-students-taking-online-courses-during
SEVP modifies temporary exemptions for nonimmigrant students taking online
courses during fall 2020 semester
WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced
modifications Monday to temporary exemptions for nonimmigrant students taking
online classes due to the pandemic for the fall 2020 semester. The U.S.
Department of Homeland Security plans to publish the procedures and
responsibilities in the Federal Register as a Temporary Final Rule.
Temporary exemptions for the fall 2020 semester include:
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.
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.
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.
Schools should update their information in the Student and Exchange Visitor
Information System (SEVIS) within 10 days of the change if they begin the
fall semester with in-person classes but are later required to switch to only
online classes, or a nonimmigrant student changes their course selections,
and as a result, ends up taking an entirely online course load. Nonimmigrant
students within the United States are not permitted to take a full course of
study through online classes. If students find themselves in this situation,
they must leave the country or take alternative steps to maintain their
nonimmigrant status such as a reduced course load or appropriate medical
leave.
Due to COVID-19, SEVP instituted a temporary exemption regarding online
courses for the spring and summer semesters. This policy permitted
nonimmigrant students to take more online courses than normally permitted by
federal regulation to maintain their nonimmigrant status during the COVID-19
emergency.
F-1 nonimmigrant students pursue academic coursework and M-1 nonimmigrant
students pursue vocational coursework while studying in the United States.