U.S Immigration and Customs Enforcement (ICE) has recently stated that students with active F1 and M1 non-immigrant Visas will not be allowed to stay in the US if classes are moved fully online this fall.
On Monday, The Students and Exchange Visitor Programme announced the modification to temporary exemptions for non-immigrant students taking online classes due to the pandemic for the fall 2020 semester.
According to the new rule non-immigrant students with F1 and M1 Visas “attending schools operating entirely online may not take a full online course load and remain in the United States. The US Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will the US Customs and Border Protection permit these students to enter the United States.”
Those students who are already present in the country and have enrolled in such programmes may be asked to depart if they are not receiving a minimum amount of in person instruction. These rules will come into force during the fall semester from August to December.
F1 visas are issued to the students who are taking an academic program in the US and M1 Visa is issued to the students who are enrolled in Vocational Studies. This move is likely to impact, 202,014 Indian Students in the United States.
Students under the category of F1 Visa may be allowed to take minimum of one class or three credit hours online, while those attending schools through a hybrid model, which is a mixture of online and in person classes would be allowed to take more than one class or three credit hours online.
Harvard University on the other hand has stated that it would to its best to ensure that students can continue their studies without the fear of being forced to leave the country.
President Lawrence Bacow, Harvard University, said “We are deeply concerned that the guidance issued today by US Immigration and Customs Enforcement imposes a blunt, one-size-fits-all approach to a complex problem, giving international students, particularly those in online programs, few options beyond leaving the country or transferring schools. This guidance undermines the thoughtful approach taken on behalf of students by so many institutions, including Harvard, to plan for continuing academic programs while balancing the health and safety challenges of the global pandemic.”
This move has created panic and confusion among the students and university authorities. Also, various American Diplomats and Foreign Policy Experts have criticised the move as well.
Originally published on www.kpalegal.com on 11 July 2020
