USCIS Updates Guidance for International Student Visa Classifications

USCIS provided updated guidance in the USCIS Policy Manual with regard to the F-1 and M visa classifications utilized by international students for vocational, graduate and post-graduate study at U.S. academic institutions. The new USCIS policies address when students may be eligible for optional practical training (OPT) for Science, Technology, Engineering, and Mathematics (STEM) fields. The update also provides guidance on online study, school transfers, the grace period, and study abroad.

Background

F-1 and M-1 are two of the primary visa categories used by foreign students to attend academic programs in the U.S.  Following a period of full-time study, new grads are eligible to apply for one year of work authorization, known as Optional Practical Training (OPT), to gain practical work experience in their area of study.  (OPT is also available pre-degree completion in certain circumstances.)  Students who have earned a degree in a designated STEM field are eligible to apply for a 24-month extension of post-completion OPT, to work for a total of 36 months.

Key Takeaways

• Online study: Students may count one class, three credits (or the equivalent) per semester toward a full course of study for online/distance learning.
• Transfers: Students may transfer between Student and Exchange Visitor Program (SEVP)-certified schools at the same academic level or move between educational levels. Transfers are also permitted during the 60-day grace period following an authorized period of post-completion of OPT.  Previously transferring students were required to be pursuing a full course of study or be engaged in post-completion optional practical training (OPT) until the transfer release date.
• Grace Period: During the 60-day grace period, in addition to transferring schools as noted above, students may change their education level or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.
• OPT Eligibility: Students are eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.
• STEM OPT: Technical corrections to the STEM OPT guidance and clarifies the time periods during which students may apply for STEM OPT.
• Study Abroad: Students enrolled in an ICE SEVP-certified school during a study abroad program may remain active in SEVIS if the program lasts less than 5 months. For study abroad programs that are over 5 months, a new Form I-20 is required.
• Extensions: The guidance also corrects the period during which students may apply for extensions

What this Means for Employers

The new guidance is effective immediately and will apply to any requests or applications that are pending or filed on or after the publication date.  It also supersedes any prior guidance related to the areas that it covers. The changes and clarifications are promising. USCIS has modernized its approach to online courses, a growing area for U.S. colleges and universities.  The new guidance also makes it easier for students to remain in valid status during transfers and other changes to their academic programs. Finally, the guidance clearly establishes eligibility and protocols for OPT and STEM OPT.

Also Good to Know…

International students are on the rise! Over 1 million students from more than 210 places of origin studied at U.S. academic institutions during the 2022/2023 school year, contributing approximately $40 billion to the U.S. economy. This was a substantial increase in student enrollment from the prior years.  A majority of international students are pursuing degrees in STEM fields, with Computer Science and Business Administration as the most popular majors.  In 2023, over 160,000 students participated OPT, a 37% increase from the previous year.  (See https://www.boundless.com/research/international-students-studying-in-the-united-states-trends-and-impacts/ for more statistics.)

For more information, please contact your designated Gibney attorney or email info@gibney.com.