On July 6, 2020, ICE’s Student and Exchange VisitorProgram (SEVP), announced that for the Fall 2020 semester, it would prohibit F-1 students fromattending fully online schools or programs and taking a full online course loadin the United States. Students attending fully online schools or programs mayonly do so from outside the U.S., but can remain Active in the Student andExchange Visitor Information System (SEVIS).
If a student is outside the U.S., heor she may not enter the U.S. on F-1 status if the student’s school or programis operating entirely online. This applies even if a student has alreadyobtained a Form I-20 for the Fall 2020 semester.
A student may study in the U.S. ifthey transfer to a school that consists entirely of in-person classes or ahybrid model (combination of both in-person and online classes). However, thestudent must depart the U.S. or transfer again if the school changes to a fullyonline model at any point during the Fall 2020 semester. If students are not incompliance with the new guidance, deportation proceedings may be initiatedagainst them.
By August 4, 2020, designated schoolofficials (DSOs) must update and reissue ALL Form I-20s that have been issuedfor the Fall 2020 Semester to certify the school meets the requirements of thenew guidance.
DHS will publish this rule shortlywhich could clarify some of the situations faced by students that are notaddressed in ICE’s press release. In particular, the current guidance does notaddress the effect of the new guidance on students employed on OptionalPractical Training (OPT). On July 8, Harvard and MIT filed a lawsuit against DHS and ICE seeking atemporary restraining order of the new guidance, and on July 9, 99 members ofCongress sent a letter to DHS and ICE urging the agencies to withdraw the newguidance.