ICE to Require Student Visa Holders Enrolled in Online Programs Only to Depart United States

Posted July 6, 2020

UPDATE — July 14, 2020

Turns out they were kidding.  After being sued by Harvard and MIT, the Trump Administration announced a rescission of this policy.  No longer are currently enrolled foreign students required to depart the United States if their schools offer entirely online instruction this Fall.

Expect further rule changes, however, including a possible application of this rule to foreign students abroad.  Stay tuned.

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Immigration and Customs Enforcement (ICE) announced a major rule change today that will impact thousands of F-1 and M-1 student visa holders inside the United States.  Effective this coming Fall 2020 semester, foreign students that are enrolled in universities or vocational schools which are only offering online academic programs due to the COVID-19 outbreak will be required to depart the United States.

No kidding.

Let’s wait to see how the court challenges to this major rule change play out.  If you are student visa holder in the Sacramento or northern California Bay Area, call (415) 858-8616 to schedule a consultation.

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NEW STRICTER RULES PROPOSED FOR MEETING PUBLIC CHARGE REQUIREMENTS

Posted September 22, 2018

The Department of Homeland Security has issued proposed rule changes that will significantly expand requirements under INA §212 for immigrants and nonimmigrants to demonstrate that they have not in the past, and are not likely in the future, to receive public benefits.  The new proposed rules will be published in the Federal Register and then opened for a 60-day public comment period before implementation.

The new rules will directly impact the Affidavit of Support requirement (forms I-134 and I-864) under INA §213A.  Of particular importance is the creation of a subjective ‘totality of circumstances’ test, in addition to new paperwork requirements demonstrating income self-sufficiency, that will very likely translate into increased denial rates for immigrant visas, certain nonimmigrant visas (including student and fiance visas), requests for extensions and changes of nonimmigrant status, and adjustments of status.

The prop0sed rule changes can be read here.  Check back for updates as the immigration legal community works to understand and explain these burdensome new changes on the horizon.

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