News & Analysis as of

Student and Exchange Visitor Program

Seyfarth Shaw LLP

October 2023 U.S. Immigration Alert

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Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration... 1. Government Shutdown Avoided – For Now - On September 30, 2023, Congress passed a stopgap bill to keep the government...more

Hinshaw & Culbertson - Employment Law...

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

Jackson Lewis P.C.

Eight Fields of Study Added Under STEM OPT Eligibility for Students

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As part of the Biden Administration’s initiative to retain high-skilled foreign nationals in the United States, the Department of Homeland Security announced that it is adding eight new fields as qualifying fields of study...more

Jackson Lewis P.C.

Online Studies Policy to Resume for Foreign Students as COVID-19 Flexibility Ends

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With the end of the COVID-19 National Emergency in the United States, the Student and Exchange Visitor Program (SEVP) has reinstated its preexisting policy regarding online classes....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date

On February 23, 2023, the U.S. Department of State updated its guidelines to allow F and M students to apply for their student visas to study in the United States up to 365 days prior to the start date of the program as...more

Jackson Lewis P.C.

Foreign Student-Athletes and Name, Image, Likeness

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Prior to 2021, collegiate student-athletes were not able to make sponsorship deals and profit from their names, images, and likenesses (NILs). However, in 2021, that changed when the NCAA adopted a new policy allowing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Department of Education Ends Recognition of ACICS as National Accrediting Agency: the Effect on Immigration Benefits

The U.S. Department of Education has terminated federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as a national accrediting agency. The loss of recognition will affect certain...more

Tarter Krinsky & Drogin LLP

Biden Administration Expands STEM Fields Relating to Optional Practical Training for International Students

Effective January 21, 2022, the U.S. Department of Homeland Security updated and expanded the list of STEM fields of study falling within the regulatory definition of “STEM field.” The list, known as the “DHS Stem Designated...more

Dunlap Bennett & Ludwig PLLC

Students and COVID-19 Related Immigration Developments

Students need to be aware of the current state of Student and Exchange Visitor Program (SEVP) guidance during the pandemic, various COVID-19-related travel bans, as well as the operating statuses of embassies and consulates...more

Seyfarth Shaw LLP

Compliance Whiplash: ICE Establishes, and then Rescinds, Plan to Create OPT Employment Compliance Unit

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Earlier this week, on January 26, 2021, the Student and Exchange Visitor Program (SEVP) rescinded its  intention, announced less than two weeks earlier, to develop an OPT Employment Compliance Unit. Immigration and Customs...more

Seyfarth Shaw LLP

Compliance Whiplash: ICE Establishes, and then Rescinds, Plan to Create OPT Employment Compliance Unit

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Earlier this week, on January 26, 2021, the Student and Exchange Visitor Program (SEVP) rescinded its intention, announced less than two weeks earlier, to develop an OPT Employment Compliance Unit. Immigration and Customs...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ICE Issues Updated Guidance and Restricts Online Options for New Students for Fall 2020 Semester

On July 24, 2020, U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) issued updated guidance for international students pursing education programs in the United States. The follow-up...more

Mintz

Administration Rescinds Newly Released Modifications to International Student Policy

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Yesterday, the federal government agreed to rescind in full its July 6, 2020 Student and Exchange Visitor Program (SEVP) modification, and revert to the original emergency COVID-19–related international student guidance it...more

Gibney Anthony & Flaherty, LLP

DHS Reverses Restrictions on Foreign Students

On July 14, 2020, U.S. Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security (DHS), rescinded its July 6, 2020 policy prohibiting F-1 and M-1 students from remaining in the U.S. to...more

Cozen O'Connor

Foreign Students Can Remain in the U.S. Even if All Classes Will Be Online

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On July 14, 2020, the Trump administration agreed to rescind a July 6, 2020, directive that planned to bar foreign students from the United States if their colleges canceled in-person instruction during the COVID-19 pandemic....more

ArentFox Schiff

DHS Rescinds Announcement, Allows Foreign Students to Study Online in the US

ArentFox Schiff on

In a rare reversal, minutes from the start of a federal court hearing in a lawsuit brought by Harvard University and the Massachusetts Institute of Technology (MIT) against the US government, the Department of Homeland...more

Seyfarth Shaw LLP

Trump Administration Defrosts ICE’s International Student Directive

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The Trump administration, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, as well as several other suits, agreed to rescind its surprise Immigration and Customs Enforcement...more

Parker Poe Adams & Bernstein LLP

Update on Student and Exchange Visitor Program (SEVP) Online Study Exemption

The Trump administration reversed a previous directive that would have barred students in F-1 and M-1 nonimmigrant status from remaining in the United States this fall while taking courses entirely online. Earlier this month,...more

Miller Canfield

Government Rescinds Policy Barring International Students Taking Online-Only Courses from Staying in the U.S.

Miller Canfield on

On July 14, 2020, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, U.S. Immigration and Customs Enforcement (ICE) has agreed to rescind a policy that would have barred...more

Littler

Bar on Online-Only Nonimmigrant Students Faces Court Scrutiny

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National universities and states across the country filed multiple federal lawsuits this week seeking to invalidate and enjoin implementation of the Student and Exchange Visitor Program’s (SEVP) Fall 2020 COVID-19 Guidance,...more

FordHarrison

DHS Rescinds Policy Change on Temporary COVID-19 Exemptions for Certain International Students

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After facing a number of lawsuits filed by some U.S. universities and states, the Department of Homeland Security (DHS) has agreed to rescind the policy change announced July 6, 2020 that rolled back some of the temporary...more

Holland & Knight LLP

Immigration Under COVID-19: ICE Restricts Foreign National Students from Taking Online Courses

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There have been many changes to immigration processes and procedures in the United States as a result of the coronavirus (COVID-19) pandemic. Holland & Knight's sixth installment of alerts focusing on immigration under...more

Foley & Lardner LLP

Consequences of U.S. Immigration and Customs Enforcement’s New Online Education Policies: International Students Will Not Be...

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On July 6, 2020, U.S. Immigration and Customs Enforcement (ICE)’s Student and Exchange Visitor Program (SEVP), which runs the U.S. student visa program, announced that international students will not receive U.S. student...more

Gibney Anthony & Flaherty, LLP

DHS Restricts Online Learning for Foreign Students

On July 6, 2020, the Student and Exchange Visitors Program (SEVP), part of U.S. Immigration Customs and Enforcement (ICE), published guidance restricting foreign students in F-1 or M-1 status from participating in online...more

Fisher Phillips

What Schools Need To Know About Online Class Restrictions For International Students (UPDATED)

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The White House recently announced that nonimmigrant visa holder students may not remain in the United States if they take full online course loads in the fall. Additionally, the Department of State announced it will not...more

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