On July 6, the Department of Human Services (DHS) implemented a new rule to be enforced by Immigration and Customs Enforcement (ICE) that would ban foreign students with valid student visas who would be attending Fall 2020 classes online due to university COVID procedures. Under the new ICE foreign student visa rule, international students with F and M valid visas would have their visas revoked by ICE if their university moved to fully online classes.
The Trump administration rule was widely viewed as both a way to force colleges to return to the classroom and to limit legal immigration.
A lawsuit by Harvard University and the Massachusetts Institute of Technology (MIT), and joined by California’s public colleges and a coalition of 17 states, challenged the rule as violations of the Administrative Procedure Act (APA), which governs how federal agencies can make and enact certain types of policies.
On July 14, DHS agreed to fully rescind both the July 6 ICE foreign student visa rule on online study and the July 7 FAQ impacting international students.
A student visa is required to study in the United States. The course of study and the type of school you plan to attend determine whether you need an F visa or an M visa:
F Student Visa
F visas are non-immigrant student visas that allow foreigners to pursue grammar school, high school, college and other educational and training programs in the United States. F-1 students must maintain a full course of study.
M Student Visa
M visas are for nonacademic or vocational studies. M-1 visa holders are not allowed to work during their studies. M-1 student visa applicants must have proof that sufficient funds are available to pay all tuition and living costs for the entire period of their course and stay in the United States.
It can be confusing for international students to apply and receive their student visas in a timely manner to attend their course of study. Mario Godoy and the other experienced immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options to apply for a student visa. Call today at 855-554-6369.
