Last Updated: July 24^th, 2020

ICE’s Newest Q&A After it Rescinded July 6^th Order

            After ICE and the Trump administration decided to forgo further pursuit of their restrictions upon foreign students for the upcoming fall semester, they released a 22-page FAQ sheet explaining further procedures. This is a summary of their answers:

Main Student Status

1. If students choose to return to their home countries to complete their semester remotely, will their status within the Student and Exchange Visitor Information Systems (SEVIS) remain active?
   1. Yes, their SEVIS record will remain active and not be terminated.

• What is the requirement for Initial status students who have already arrived in the U.S.?
  • Initial status students that have already arrived in the U.S. and reported to their school should be made active in SEVIS. If they have not arrived in the U.S. yet, they should remain in their home country.

• Are schools encouraged by the new guidelines to cancel admissions for new students?
  • No, the government does not encourage any specific action in this regard.

• Can new students abroad obtain visas to study in the United States if their program will be fully online in the 2020 fall semester?
  • No, the guidance that has been issued is only applicable for continuing students who were already enrolled in a U.S. school on March 9, 2020. New or initial nonimmigrant students who intend to pursue full online course study will not be granted F-1 or M-1 visas.

• Can new or initial status students enter into the U.S. to attend hybrid courses?
  • Yes, provided it meets the guidelines of 8 CFR 214.2(f)(6)(i)(G). New or initial status students seeking to enroll in a U.S. school that is fully online, however, will not be permitted to enter.  

• What should students who have been asked to move out of university housing do?
  • If students are required to leave campus, they may continue to study online, either inside or outside of the United States. If they decide to remain within the United States, DSOs should update their addresses in SEVIS.

• What address should DSOs put in SEVIS for Active F and M students who have departed the United States? How should DSOs notate these SEVIS records?
  • DOSs should update these students’ SEVIS records with the following comment in the remarks field: “Departed the United States due to COVID-19.” All addresses may remain the same.

• If students cannot or will not return to school when in-person instruction resumes, should their records be terminated for authorized early withdrawal?
  • Yes, DSOs should terminate the records.

• What if students don’t have technology resources to meet online or other alternative instruction requirements?
  • Students should notify their DSOs. The DSOs may keep these students records Active in SEVIS as long as the student intends to resume their course of study when in-person classes resume.

1. Because our school will be fully remote, some courses that are not able to be given online have been cancelled. As a result, we are unable to meet full course study requirements. Will we be excused from meeting full course of study requirements because the classes we need to take are not being offered?
   1. Yes, the requirements can be waived. This information should be reported in a school’s procedural change documents submitted to SEVP.

1. I want to drop courses because the online material is not providing the same quality of instruction. Can I still keep my SEVIS record Active?
   1. No, students should maintain a full course of study to the fullest extent possible. The procedural change exception is only related to COVID-related limitations. If a student chooses to drop courses simply because they are unwilling to take them, then they should request a temporary absence and be terminated for Authorized Early Withdrawal.

1. Should DSOs authorize a reduce course load in SEVIS if class cancellations impact any student’s ability to maintain a full course load?
   1. No, the reduced course load functionality in SEVIS is for purposes other than COVID-related issues. DSOs should report the changes in their school’s procedural change documents.

1. Should DSOs authorize students for a medical reduced course load due to impact from COVID-19? 
   1. Yes, this may be appropriate for students who contract an illness due to COVID-19 or another condition that will not allow them to maintain a full course load. 

Employment Related to OPT, CPT

1. My on-campus job has been transitioned to remote work. Is this allowed for F students? 
   1. Yes, as long as the work can be done appropriately through remote means.

• Can students engaged in OPT and the science, technology, engineering and mathematics (STEM) OPT extension work remotely when appropriate and permitted by the employer? If so, do they need to submit an updated Form I-983?
  • Students currently participating in OPT, including STEM OPT, may work remotely if their employer has an office outside of the United States or the employer can assess student engagement using electronic means. Students participating in STEM OPT do not need to submit an updated Form I-983 to report remote work. However, requirements to submit an updated Form I-983 for other changes remain in effect.

• Can students with proper authorization participate in curricular practical training (CPT) while they are abroad?
  • Students may engage in CPT during their time abroad, provided they are (1) Enrolled in a program in which CPT is integral to the program of study, (2) Their DSO authorized CPT in advance of the CPT start date, and (3) Either the employer has an office outside the United States or the employer can assess student engagement and attainment of learning objectives electronically.

• Does time spent studying outside of the United States during the COVID-19 emergency count toward the one-year requirement for CPT and OPT?
  • Yes, if they are in Active status in SEVIS and meet the requirements of their school’s procedural change plans submitted to SEVP.

• Must students cease engaging in OPT if they are now working fewer than 20 hours a week due to the economic impacts of COVID-19?
  • No, SEVP considers students working in their OPT opportunities fewer than 20 hours a week as engaged in OPT for the time being.

• Can F and M students who were previously employed and are now unemployed due to COVID-19 apply for unemployment benefits?
  • Students who are unemployed due to COVID-19 should contact their local or state employment agency for more information.

• Do F and M students need employment authorization to volunteer as part of COVID-19 relief efforts?
  • No, F and M students are not required to obtain an employment authorization document if they are volunteering.

Travel

1. Will F and M students be able to return to the United States if they are continuing their studies outside of the country as a result of COVID-19?
   1. Students who continue to make normal progress in their course of study remain eligible for admission into the United States. However, they must refer to their local embassy’s website to check for procedural guidelines.

• Is there a time frame for when students are expected to return to the United States once the COVID-19 emergency is over and schools have resumed normal operations?
  • Students should seek to return to the U.S. within 30 days of their school returning to normal operations.

• If students remain in the U.S. and their passport expires, what do they need to do to renew it?
  • Contact their country’s embassy or consulate to identify options for renewal. If students decide to depart the U.S., they will not be eligible for admission until they renew their passport.

• Should students return to the U.S. in the coming days if they have tickets? Is it advisable to travel or remain in their home country?
  • SEVP advises that the students check the travel restrictions their country has in place. In addition, students should check with their DSOs to confirm the their procedure

ICE is working to provide guidance on following issues

1. What should be done for students who already applied for optional practical training (OPT)?

• Universities that moved to online courses have allowed students to travel to their home country to complete their studies. Will this international travel alter the student’s OPT/CPT and social security number (SSN) status?

• Is there any chance that students would be able to apply for post-completion OPT from outside the United States?

• Will there be an extension or suspension of the 90-day/150-day allowed period of unemployment for OPT and STEM OPT during the COVID-19 emergency?

• Will the grace period be extended for students who have been unable to depart the U.S. after completing their programs due to travel restriction?

Attorney’s Advice

Due to the uncertainty of Covid-19 and White House’s policy to foreign students, we suggest students who are in U.S. avoid international travel. Staying in U.S. will have minimum impact on your status. Students who are outside of U.S., please plan your trip back if possible. ICE has made it very clear that once your school resumes in-person courses, you may have to come back to U.S. to maintain your student status. Please contact us if you have any question at info@fengvisa.com

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