On Monday, the Student and Exchange Visitor Program (SEVP) announced modifications to the temporary exemptions regarding online courses which had been instituted for the Spring and Summer 2020 semesters. The previous exemptions allowed nonimmigrant students to take more online courses than normally permitted. Today, SEVP announced that online-only education in the fall will not be permitted. Any F-1 or M-1 students currently in the U.S. enrolled at an institution holding online-only courses for the Fall 2020 semester will not be allowed to remain in the U.S. unless they transfer to a school offering in-person instruction or take other action to maintain their status. Any student who violates these rules and participates in more online education than what is permitted will face immigration consequences, including but not limited to the commencement of removal proceedings.
Under normal circumstances, an F-1 student is only permitted to take one 3 credit hour online class per semester. For F-1 students attending schools operating under normal in-person classes, the one 3 credit hour online class per semester restriction will continue to apply.
F-1 students attending institutions which are adopting a hybrid model of online and in-person classes will be allowed to take more than one class or three credit hours online. However, these schools must certify to SEVP “that the program is not entirely online, that the student is not taking an entirely online course load, and that the student is taking the minimum number of online classes required to make normal progress in their degree program.”
If you are a nonimmigrant student within the U.S. at an institution which will be online only in the fall, you will need to leave the U.S., transfer to a different school offering in-person instruction, or reduce your course load. Nonimmigrant students are not permitted to take a full course of study through online classes. Circumstances which allow for a reduced course load are limited and must be authorized by the school’s DSO. DHS’s guidelines for a reduced course load can be viewed here. If you are in this situation, you should work with your DSO immediately to determine if a solution is available at your existing institution before considering a transfer to another school or departing the U.S. As most fall semesters begin classes next month, action should be taken immediately to ensure continued maintenance of status.
Importantly, F-1 students participating in OPT will not be impacted by these new rules, as these students have already finished their degree program.
The full text of the SEVP announcement is available here.
If you have a question about your status or how these rules impact your status, please reach out to an ILBSG attorney today.