The adjustments, which featured in a USCIS coverage handbook replace on August 27, acknowledged that F-1 visa holders finding out overseas for longer than 5 months can not stay actively enrolled and “will want a brand new Type I-20 to be readmitted in scholar standing”.
Amid sector confusion and widespread hypothesis that the brand new rule was an “unintended consequence” of the replace, the Scholar and Trade Customer Program (SEVP) – which manages non-immigrant scholar visas for DHS – appeared to substantiate to The PIE Information that the coverage change was not deliberate.
“The language within the USCIS Coverage Guide clarification on F-1 participation in a examine overseas program is just not supposed to be a change to, or deviation from, SEVP’s longstanding interpretation concerning college students spending time outdoors of the US.
“If a global scholar is outdoors the US for greater than 5 consecutive months (and never enrolled in an authorised study-abroad program) they are going to usually have to reapply for a brand new visa to return to the US,” a spokesperson for SEVP advised The PIE.
“To me, and most of my greater schooling colleagues/shoppers, these two statements [from USCIS and SEVP] contradict one another,” Aaron Blumberg, accomplice at Fragomen Immigration legal professionals advised The PIE.
“SEVP is stating that you simply solely want a brand new visa if you’re outdoors the US for greater than 5 months and not enrolled in examine overseas; whereas, USCIS states that you simply want a brand new I-20 if you’re in a examine overseas program lasting greater than 5 months,” Blumberg defined.
College students, immigration legal professionals and examine overseas advisors have referred to as on the federal government to clear up the anomaly, which some say is indicative of the broader problem of navigating an over-complicated immigration system.
After reaching out to USCIS for clarification, The PIE was knowledgeable: “Type I-20 is just not a USCIS kind. USCIS doesn’t handle the scholar visa program.”
The PIE has contacted each businesses for additional clarification.
“Whereas my greater schooling shoppers – and myself – strongly consider {that a} scholar ought to be capable to examine overseas for greater than 5 months, the most important situation is lack of readability.
“If these prolonged examine overseas packages should not permitted, simply state so and ensure all the company steerage aligns,” mentioned Blumberg.
If these prolonged examine overseas packages should not permitted, simply state so and ensure all the company steerage aligns
Aaron Blumberg, Fragomen
Stakeholders extensively consider that introducing additional restrictions was not the federal government’s intention, with Intead CEO Ben Waxman sustaining that “USCIS is staffed and led by good well-meaning folks… These sorts of inner conflicts between targets and insurance policies occur on a regular basis”.
Nevertheless, frustration is rising over the continuing confusion almost two months after the preliminary coverage replace.
Research overseas suppliers have referred to as for a grace interval for college students at present overseas to regulate their plans, warning that the sudden nature of the adjustments will affect college students as a result of graduate this yr, who now threat dropping their F-1 standing and associated work alternatives corresponding to OPT eligibility.
Blumberg emphasised the change shall be notably problematic for college students combining finding out overseas with returning dwelling for the summer time.
Minerva College, which runs world rotations to Asia, Europe and South America for all college students throughout their second and third years, mentioned it has began flying 150 college students from Berlin again to the US to shield their scholar visas.
And but, SEVP has talked down the affect of the disputed coverage change, pointing to SEVIS knowledge indicating “that of the greater than 2,000 college students actively finding out overseas, fewer than one % of scholars could also be impacted by this coverage”.
It suggested that worldwide college students coordinate with college officers to make sure that they adjust to visa laws, however sector members have highlighted the elevated accountability this places on establishments and advisors.
