Important Update Regarding Restrictions on F-1 and M-1 Students

• 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 or potentially face immigration consequences including, but not limited to, the initiation of removal proceedings.
• 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.
• 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,” that the program is not entirely online, that the student is not taking an entirely online course load for the fall 2020 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, who are not permitted to enroll in any online courses.

Please note that these restrictions do not impact individuals who are on post-completion OPT or STEM OPT. However, please note that students with curricular practical training (CPT) who are enrolled at universities offering only online courses for Fall 2020 may be adversely impacted. Students should consult with their Designated School Official (DSO) as soon as possible for more guidance.

Our Recommendations:

In light of these new restrictions, we recommend that nonimmigrant students contact their college or university’s Designated School Official (DSO) as soon as possible and find out how it plans to handle this situation. We anticipate that most universities will find a workaround. If a your college or university will not offer at least one in-person course for the Fall 2020 semester, you will need to plan to either depart the US, or transfer to another school that does offer in-person courses.

PLEASE NOTE: for all students attending schools in the United States this fall 2020, DSOs must issue a new Form I-20 to each student certifying that the school is not operating entirely online, that the student is not taking an entirely online course load for the fall 2020 semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program. DSOs must indicate this information in the Form I-20 Remarks field in the Student and Exchange Visitor Information System (SEVIS). Schools must update and reissue all Forms I-20 to reflect these changes in program enrollment and student information by August 4, 2020.

Once you speak with your DSO, please let us know what the school has recommended / how the school plans to go forward. Please don’t hesitate to contact your attorney at McCown & Evans LLP with any questions.