U.S. Citizenship and Immigration Services (USCIS) recently announced that it is updating its policy guidance as published in the USCIS Policy Manual to address the nonimmigrant student (F and M) classifications, specifically regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields, as well as providing clarifying guidance for F and M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad programs.[1]
Background
The F and M nonimmigrant categories are for noncitizens who wish to study temporarily in the United States. The nonimmigrant academic student (F-1) classification allows a noncitizen to enter the United States as a full-time student at a college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program. The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized nonacademic programs, other than language training programs. In general, U.S. Immigration and Customs Enforcement (ICE) administers the nonimmigrant student program. However, USCIS adjudicates applications for employment authorization, changes of status, extensions of stay, and reinstatement of status for F and M students and their dependents in the United States. This guidance, contained in Volume 2, Part F of the USCIS Policy Manual, is effective immediately and applies to requests pending or filed on or after August 27, 2024.
Updated Policy Highlights
- The guidance clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class.
- Explains that students may transfer between ICE, Student and Exchange Visitor Program (SEVP)-certified, schools at the same educational level, or move between educational levels.
- Explains that, during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.
- Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.
- Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections.
- Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, if the program lasts longer than five months.
Should you wish to receive further information concerning Immigration matters, please contact Gunster’s Immigration Law practice.
This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
[1] The information herein is based upon a USCIS Alert regarding updated guidance for F and M nonimmigrant student classifications: USCIS Updates Guidance for F/M Nonimmigrant Student Classification (08/27/2024). For more information, please visit USCIS Updates Guidance for F/M Nonimmigrant Student Classification and Volume 2, Part F of the USCIS Policy Manual.
YES! PLEASE SIGN ME UP TO RECEIVE EMAIL ALERTS FROM OTHER GUNSTER PRACTICE AREAS.
This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
About Gunster
Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 12 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Naples, Orlando, Palm Beach, Stuart, Tallahassee, Tampa Bayshore, Tampa Downtown, Vero Beach, and its headquarters in West Palm Beach. With more than 290 attorneys and consultants, and over 290 committed support staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com
