What Student Visa Holders and Employers Need to Know About Recent Student Visa Rescissions and Increased Scrutiny

The Department of State (DOS) has recently increased scrutiny of existing student visa holders and those requesting new student visas at U.S. consulates abroad.

Some F-1 visas and SEVIS records have been rescinded or closed

Secretary of State, Marco Rubio, announced on March 28, 2025 that DOS had rescinded more than 300 F-1 student visas for conduct deemed to have adverse foreign policy consequences or for criminal activity.  Since then, the NAFSA Association of International Educators reports numerous student record terminations in the Student and Exchange Visitor Information System (“SEVIS”) for activities related to campus protests and social media activity deemed contrary to US foreign policy, and for students identified in criminal record checks.

In the event that a student’s visa is revoked, DOS is required to notify the student via the email address used during the visa application process. The student’s Designed School Officer (DSO) is also responsible for notifying the student that their status has been terminated in SEVIS. Students who have received SEVIS termination notifications or DOS notifications of visa revocation should preserve all records, including notifications of termination, academic enrollment records, I-94 record and screenshots from their SEVIS record, and contact immigration counsel to evaluate legal options.

U.S. consulates have received revised guidance for new F, M, and J visa applicants

A cable guidance from Secretary of State, Marco, Rubio advises consular officers to conduct enhanced screening of student visa applicants. Officers are directed to determine if students “intend to travel to the United States to engage in unlawful activities” or activities that are different from what the student claims in their application

Furthermore, consular officers are directed to refer student visa applicants for social media review if:

• The officer has reason to believe that the student openly advocated for a designated foreign terrorist organization;
• The student was previously in student status in the U.S. between October 7, 2023 and August 31, 2024; OR
• The student’s prior SEVIS record was terminated between October 7, 2023 and the present.

What Employers Need to Know

F-1 visa revocations and SEVIS record terminations may have different legal implications for the impacted students’ work authorization (CPT, OPT, STEM OPT).  In the event that an employee in F-1 status notifies their employer that their SEVIS record has been terminated or F-1 visa has been revoked, the employer should work with legal counsel to evaluate options.

Recently filed litigation may prohibit DOS from taking further action

The American Association of University Professors recently filed litigation to halt this program of visa rescission on First and Fifth Amendment grounds. This litigation is currently pending, and no temporary restraining order or injunction has yet been issued.

A second lawsuit has been filed by an anonymous student in California. The student is claiming violations of the Administrative Procedures Act (APA) and the 5th Amendment’s due process clause and is seeking reinstatement of their SEVIS record. Currently, the plaintiff is not asking the court for a broad-based temporary restraining order or injunction.

Gibney will continue to monitor for updates. For more information, contact your Gibney immigration contact or email info@gibney.com.