COVID-19 Client Resources and Updates

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 (see prior client alert here).  ICE has now modified the exemptions for the fall semester as follows:

• F-1 (academic) and M-1 (non-academic or vocational) student visa holders attending schools that will operate entirely online must depart the U.S. or transfer to a school with in-person instruction.  Taking only online courses while staying in the U.S. is not acceptable for maintaining F-1 or M-1 visa status and may result in consequences including removal.
• Students attending a school that will operate entirely online may remain in active status in the SEVIS (The Student and Exchange Visitor Information System) and take a full online course load from outside the U.S.
• Students attending schools that will operate with a hybrid of online and in-person instruction are not permitted to take a full online course load and remain in the U.S.  Students must enroll in at least a partial in-person course load while in the U.S.
• Students attending schools that will operate in-person as normal are bound by existing federal regulations.  Students in the U.S. may take a maximum of one class or three credit hours online.
• Online course exemptions do not apply to F-1 and M-1 students in English language training programs as these students are still not permitted to take any online courses.

In addition, the following policies apply:

• Designated School Officials (DSOs) must issue a new Form I-20 to each student for the Fall 2020 semester certifying that 1) the school is not operating entirely online, 2) the student is not taking a full online course load, and 3) the student is taking the minimum number of online classes required to make normal progress in their degree program.
• Certified schools that will operate entirely online or that will not reopen for the Fall 2020 semester must submit an operational change plan to the SEVP (Student and Exchange Visitor Program) by July 15, 2020.
• Certified schools that will operate entirely in person, operate with a hybrid in-person/online program, or have delayed or shortened sessions must submit an updated operational plan to SEVP by August 1, 2020.

All COVID-19 related policies, requirements, and timeframes may change, additional modifications are anticipated, and litigation is already being pursued against ICE.  Please refer to https://www.ice.gov/coronavirus 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 nkhalid@wiggin.com if you have any questions.