USCIS Updates Guidance for Nonimmigrant Student Classification
By Larsen on the Law © August 31, 2024
Exciting changes are coming for F and M nonimmigrant students in the U.S. with the latest updates to the USCIS Policy Manual. The new guidance, which is detailed in Volume 2, Part F of the Policy Manual, brings important clarifications and updates that could affect your study and work plans. Here’s a rundown of the key updates and what they mean for you:
1. Online Classes and Distance Learning
One major update clarifies that students can count one online class or three credits (or the equivalent) per academic session toward a full course of study, as long as the online or distance learning class is integral to completing the course. This change can provide greater flexibility in managing your coursework, especially if you’re balancing various commitments.
2. School Transfers
The guidance now explicitly permits students to transfer between U.S. Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified schools at the same educational level, or even between different educational levels. This flexibility can make it easier to find the right educational environment and achieve your academic goals without interruption.
3. Grace Period Flexibility
After completing your OPT (Optional Practical Training), you have a 60-day grace period during which you can change your education level, transfer to another SEVP-certified school, or file an application with USCIS to change to another nonimmigrant or immigrant status. This provides you with more options and time to transition smoothly to your next steps.
4. Eligibility for Post-Completion OPT
Students who complete an associate’s, bachelor’s, master’s, or doctoral degree program are now clearly eligible for post-completion OPT. This update ensures that graduates at all levels can benefit from practical training opportunities related to their field of study.
5. STEM OPT Extensions
The update also corrects the application period for STEM OPT extensions and includes other technical corrections. This adjustment ensures that STEM graduates can apply for extended work periods accurately and within the correct timeframe.
6. Study Abroad Programs
For students participating in study abroad programs, the guidance clarifies that if your study abroad program lasts less than five months, you can remain active in the Student and Exchange Visitor Information System (SEVIS). However, if your program extends beyond five months, you will need to obtain a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to maintain your status.
Effective Date: These updates are effective immediately and apply to requests pending or filed on or after August 27, 2024.
For more detailed information on these updates, you can review the full Policy Alert (PDF).
These updates aim to provide greater clarity and flexibility for nonimmigrant students, helping you navigate your educational and professional journey in the U.S. more effectively. Stay informed and make sure to update your plans accordingly!
Should you have any questions regarding your options as a F-1 student, please do not hesitate to schedule an appointment with an attorney at Larsen Immigration Law Group.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.