Student and Exchange Visitor Program guidance on COVID-19 and nonimmigrant students on F and M visas

Hogan Lovells
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The Student and Exchange Visitor Program (SEVP) released guidance on 9 March 2020 regarding potential procedural adaptions that SEVP-certified schools may take to address COVID-19. On behalf of the Department of Homeland Security (DHS), SEVP oversees nonimmigrant students on F and M visas that are pursuing programs of study within the United States. SEVP administers Student and Exchange Visitor Information System (SEVIS), which is a web-based system for maintaining information on international nonimmigrant students and exchange visitors in the U.S. The SEVP guidance – which relates only to students who are currently enrolled in a program of study in the U.S. – addresses how SEVIS users should report operational changes and accommodations that will be made for F and M visa students. As with the recent U.S. Department of Education COVID-19 guidance, which we described in our 9 March advisory, SEVP appears to be signaling that it will be flexible with respect to application of its rules in light of COVID-19 developments. At the same time, the guidance focuses largely on process and does not expressly waive regulatory requirements. As institutions address COVID-19, the guidance describes steps to address potential compliance risks related to institutional regulatory obligations.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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