Foreign Students in US Cannot Take Online-Only Classes

On July 6, 2020, US Immigration and Customs Enforcement (ICE) issued a new rule, forcing foreign students to leave the country if their school does not allow them attend in-person classes this fall.

This is a major blow to the students and to the economy. According to an economic analysis by NAFSA: Association of International Educators, international students studying at U.S. colleges and universities contributed $41 billion and supported 458,290 jobs during the 2018-2019 academic year.

The rule applies to F-1 and M-1 visa holders, which are for academic and vocational students. The State Department issued almost 400,000 such visas in fiscal year 2019, a drop of 40% from previous years, according to the agency’s data. There are approximately 1.1 million foreign students in total in the US, plus their dependent spouses and children.

​The rule requires students to have some of their classes in person. If a college does not offer in-person classes, the student must move to a college that does offer classes, or leave the US. Specifically, the rule states:

1. Nonimmigrant 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. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States 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.
2. Nonimmigrant 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.
3. Nonimmigrant 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 Nonimmigrant 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 pursing vocational degrees, who are not permitted to enroll in any online courses.

We expect that there will be lawsuits filed very quickly against this new rule, because of the devastating impact that this will have on foreign students and on the colleges and other businesses that rely on their financial contributions. Stay tuned for details.

For more information, please contact Elaine Martin, Immigration Lawyer.