The changes, which featured in a USCIS policy manual update on August 27, stated that F-1 visa holders studying abroad for longer than five months can no longer remain actively enrolled and “will need a new Form I-20 to be readmitted in student status”.
Amid sector confusion and widespread speculation that the new rule was an “unintended consequence” of the update, the Student and Exchange Visitor Program (SEVP) – which manages non-immigrant student visas for DHS – appeared to confirm to The PIE News that the policy change was not deliberate.
“The language in the USCIS Policy Manual clarification on F-1 participation in a study abroad program is not intended to be a change to, or deviation from, SEVP’s longstanding interpretation regarding students spending time outside of the United States.
“If an international student is outside the United States for more than five consecutive months (and not enrolled in an authorised study-abroad program) they will generally need to reapply for a new visa to return to the United States,” a spokesperson for SEVP told The PIE.
“To me, and most of my higher education colleagues/clients, these two statements [from USCIS and SEVP] contradict each other,” Aaron Blumberg, partner at Fragomen Immigration lawyers told The PIE.
“SEVP is stating that you only need a new visa if you are outside the US for more than five months and not enrolled in study abroad; whereas, USCIS states that you need a new I-20 if you are in a study abroad program lasting more than five months,” Blumberg explained.
Students, immigration lawyers and study abroad advisors have called on the government to clear up the ambiguity, which some say is indicative of the wider challenge of navigating an over-complicated immigration system.
After reaching out to USCIS for clarification, The PIE was informed: “Form I-20 is not a USCIS form. USCIS does not manage the student visa program.”
The PIE has contacted both agencies for further clarification.
“While my higher education clients – and myself – strongly believe that a student should be able to study abroad for more than five months, the biggest issue is lack of clarity.
“If these lengthy study abroad programs are not permitted, just state so and make sure all of the agency guidance aligns,” said Blumberg.
If these lengthy study abroad programs are not permitted, just state so and make sure all of the agency guidance aligns
Aaron Blumberg, Fragomen
Stakeholders widely believe that introducing further restrictions was not the government’s intention, with Intead CEO Ben Waxman maintaining that “USCIS is staffed and led by smart well-meaning people… These kinds of internal conflicts between goals and policies happen all the time”.
However, frustration is growing over the ongoing confusion nearly two months after the initial policy update.
Study abroad providers have called for a grace period for students currently abroad to adjust their plans, warning that the sudden nature of the changes will impact students due to graduate this year, who now risk losing their F-1 status and related work opportunities such as OPT eligibility.
Blumberg emphasised the change will be particularly problematic for students combining studying abroad with returning home for the summer.
Minerva University, which runs global rotations to Asia, Europe and South America for all students during their second and third years, said it has started flying 150 students from Berlin back to the US to protect their student visas.
And yet, SEVP has talked down the impact of the disputed policy change, saying that “of the more than 1.2 million active F and M students, an initial review of SEVIS data suggests a minimal number of students are affected”.
It advised that international students coordinate with school officials to ensure that they comply with visa regulations, but sector members have highlighted the increased responsibility this puts on institutions and advisors.
