The U.S. Citizenship and Immigration Services (USCIS) updated its policy manual on August 27, announcing that F-1 visa holders studying abroad for more than five months will need a new Form I-20 to maintain their student status. This change has caused confusion in the education sector, with many speculating that it was an unintended consequence of the update.
The Student and Exchange Visitor Program (SEVP), which oversees non-immigrant student visas, indicated to *The PIE News* that the policy shift was not intentional. A spokesperson clarified that the language in the USCIS Policy Manual regarding F-1 students participating in study abroad programs does not represent a change in SEVP’s long-standing interpretation. They explained that if a student is outside the U.S. for over five consecutive months without being enrolled in an authorized study abroad program, they typically need to reapply for a new visa to return.
Aaron Blumberg, a partner at Fragomen Immigration lawyers, pointed out a contradiction between the statements from USCIS and SEVP. He noted that SEVP requires a new visa only if students are outside the U.S. for more than five months without study abroad enrollment, while USCIS states that students need a new I-20 if their study abroad program lasts longer than five months.
This ambiguity has prompted students, immigration lawyers, and study abroad advisors to urge the government for clarification, reflecting broader challenges in navigating a complex immigration system. After contacting USCIS for more information, The PIE learned that Form I-20 is not managed by USCIS.
Blumberg emphasized the need for clarity, stating that if lengthy study abroad programs are not allowed, it should be clearly communicated, and all agency guidance should align. Many stakeholders believe that imposing further restrictions was not the government’s intention. Ben Waxman, CEO of Intead, remarked that USCIS is led by capable individuals and that internal conflicts between goals and policies are common.
Frustration is mounting as confusion persists nearly two months after the initial policy update. Study abroad providers are advocating for a grace period for students currently studying abroad to adjust their plans. They warn that these sudden changes could jeopardize F-1 status and work opportunities like Optional Practical Training (OPT) for students graduating this year.
Blumberg highlighted that this change poses particular challenges for students who plan to study abroad while returning home for summer breaks. Minerva University has already begun flying 150 students back from Berlin to safeguard their student visas.
Despite this turmoil, SEVP downplayed the impact of the policy change, citing data showing that fewer than one percent of over 2,000 students studying abroad may be affected. The agency advised international students to work closely with school officials to ensure compliance with visa regulations but acknowledged this increases the burden on institutions and advisors.
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