COVID-19 Client Resources and Updates

Immigration and Compliance Briefing: Federal Government Rescinds Policy Changes Impacting Student Visa Holders

July 15, 2020

Najia S. Khalid, Ashley F. Moore

Due to COVID-19, in the spring semester U.S. Immigration and Customs Enforcement (ICE), temporarily permitted exemptions for nonimmigrant student visa holders related to in-person course requirements.  ICE subsequently modified the exemptions for the fall semester, reinstating in-person course requirements for student visa holders (see prior client alert here.)

Following pushback and lawsuits from states, universities, and other organizations, the Department of Homeland Security (DHS) and ICE have rescinded the reinstatement of in-person course requirements for student visa holders for the Fall 2020 semester.

The decision, announced by U.S. District Judge Allison Burroughs during a hearing in a lawsuit filed by Harvard and MIT, was reached via an agreement between DHS, ICE, and the two universities to resolve the lawsuit. According to the announcement, the temporary policies announced by ICE in March will remain in place.

For details on the temporary policies published in March, see our prior client alert here.

ICE has not yet published updated policy documents to reflect the change.

All COVID-19 related policies, requirements, and timeframes may change, additional modifications are anticipated. Please refer here for updates.

Associate Ashley Moore contributed to this briefing.

Wiggin and Dana’s Immigration and Nationality Law and Compliance Practice Group will continue to provide briefings as more information becomes available.  Please contact the practice group Co-Chair, Najia Khalid, at 203.498.4314 or [email protected] if you have any questions.

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To find more information like this and other resources,please visit our COVID-19 Resource Center, found here. Our Resource Center includes additional information and guidance from relevant federal, state and local governmental authorities for businesses and individuals which may be impacted by COVID-19. Please continue to check back into the Resource Center often as the page will be updated frequently. If you’d like to be added to future emails, click “Subscribe” on the Resource Center’s main page.

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