International students should leave US or take measures if online classes held – State Dept. 

Update

Wednesday, 15 July 2020

The Trump administration has rescinded last week’s ICE (International And Customs Enforcement) guidelines which prevented international students from staying in USA if they attended institutions that are holding their courses online.

Now International students will not be required to attend in-person classes in order to be eligible for an F-1 visa.

The reversal is in response to nationwide pushback to last week’s announcement  which disrupted all of the American Higher Education System for the students putting them in risk as per the July 6 directive.

These students can now rest easier and focus on their education, which is all USA Institutions want. 

Seventeen states and more than 180 universities sued the federal government over the proposed changes thus making it clear that USA schools, businesses, and the public values international students and will continue to champion access to educational institutions for all who wish to study in America.


July 6 2020

The Donald Trump administration has asked foreign students in the US, whose colleges have shifted to online teaching, to shift to schools that have in-person classes or leave the country, a move that potentially would affect thousands of Indian students in America.

The US Immigration and Customs Enforcement (ICE) on Monday night issued a statement saying that Non-immigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the US.

The US will also not issue visas to students whose colleges will offer fully online courses from later this year.

What the new rule says:

  • Non-immigrant 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. Visas will not be issued to students enrolled in schools and/or programs that are fully online for the fall semester nor will US permit these students to enter the country.
  • Active students currently in the US 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. If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.
  • Non-immigrant F-1 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.
  • Non-immigrant F-1 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 Non-immigrant Student Status,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this 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 pursuing vocational degrees, who are not permitted to enroll in any online courses.
  • Schools should update their information in the Student and Exchange Visitor Information System (SEVIS) within 10 days of the change if they begin the fall semester with in-person classes but are later required to switch to only online classes, or a non-immigrant student changes their course selections, and as a result, ends up taking an entirely online course load.
    Non-immigrant students within the United States are not permitted to take a full course of study through online classes. If students find themselves in this situation, they must leave the country or take alternative steps to maintain their non-immigrant
  • Harvard is among the first universities that has shifted completely to online teaching till a vaccine is found to tackle Covid-19. Students, even who are in the campus, will have to learn courses remotely.
  • Foreigners constitute around 5.5% of the students enrolling in US colleges and contributed over $ 41 billion to the US in fiscal year 2019.India sent over 2 lakh students to the US in fiscal 2019, the largest after China.
  •  ICE has threatened that students who don’t comply with the new rules of finding a college that offers in-person teaching could be removed from the country.
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