Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

US Dept of State temporary paused issuance of F-1 student visas while creating vetting social media protocols

5/29/2025

The State Department has ordered U.S. embassies to temporarily stop scheduling new student visa F1 appointments, because the administration works to expand social media screenings for F1 visa applicants.
The pause will last "until further guidance is issued" in the next few days.

The State Department is preparing for an "expansion of required social media screening and vetting," and all student visa applicants could be subject to social media checks, according to the cable.
This extra screening would have "significant implications" for embassies and consulates' operations, making a pause on new appointments necessary, the cable said.

Госдеп США временно приостановил интервью на студенческие визы и выдачу F-1 виз из-за того, что они готовят новые правила как они будут изучать аккаунты студентов онлайн в разных социальных сетях, Facebook, Instagram, и т.п.

Обещается, что в течение дней новые правила будут опубликованы и выдача виз восстановится.

Информация тут.

#F1 #studentvisa #F1Visa #f1visainterview #foreignstudents

DHS revoked Harvard University's ability to enroll F-1 students. Students forced to transfer or lose status

5/22/2025

Today, on May 22, 2025, the DHS revoked Harvard University's ability to enroll international students, and is forcing existing students to transfer to other schools or lose their legal status.

Homeland Security Secretary Kristi Noem ordered the department to terminate Harvard University’s Student and Exchange Visitor Program certification. “This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus,” said Secretary Noem. The DHS sent a mass email alleging that "Harvard University Loses Student and Exchange Visitor Program Certification for Pro-Terrorist Conduct".

Harvard enrolled nearly 6,800 international students in the 2024-2025 school year, amounting to 27% of its total enrollment, according to university statistics.

In 2022, Chinese nationals made up the biggest population of foreign students with 1,016, university figures show. After that were students from Canada, India, South Korea, the UK, Germany, Australia, Singapore and Japan.

Harvard's response:

“The government’s action is unlawful," the university said in a statement. "This retaliatory action threatens serious harm to the Harvard community and our country, and undermines Harvard’s academic and research mission.”

Read more here and here.

To be continued.

If you are a foreign student enrolled in Harvard, you may need to transfer to another university in order to remain in lawful nonimmigrant F-1 student status. Contact your DSO for guidance and updates.

May 23, 2025 UPDATE:

Today, a U.S. federal judge temporarily blocked the current administration from revoking Harvard University's ability to enroll foreign students.
The court order provides temporary relief to the thousands of international students who were faced with being forced to transfer under a policy that the Cambridge, Massachusetts-based university called a "blatant violation" of the U.S. Constitution and other federal laws, and said would have an "immediate and devastating effect" on the university and more than 7,000 visa holders.

"Without its international students, Harvard is not Harvard," the 389-year-old school said in its lawsuit filed earlier on Friday in Boston federal court. Harvard enrolled nearly 6,800 international students in its current school year, equal to 27% of total enrollment.

To be continued.

ICE Issues Unemployment Warnings to F-1 Students on OPT

5/22/2025

Immigration & Customs Enforcement (ICE) recently began sending warning notices to certain F-1 students engaged in Optional Practical Training (OPT), calling out that they have been enrolled in the OPT program for more than 90 days but have not reported any employment status.

The notices provide impacted students with 15 days to update their Student and Exchange Visitor Information System (SEVIS) record. If no action is taken, the student’s SEVIS record could then be terminated to indicate a violation of status has occurred for failure to timely report OPT employment or for exceeding the permissible period of unemployment during OPT. The notice further warns that failure to take corrective action may result in the initiation of removal proceedings.

Optional Practical Training
Optional Practical Training is an employment authorization program available to certain F-1 students and is designed to allow students to gain work experience that is related to their field of study in the United States. Pre- or post-completion OPT is available for a period of 12 months to eligible students. Students who have completed certain Science, Technology, Engineering, and Math (STEM) degree programs designated by the Department of Homeland Security (DHS) are eligible for an additional 24-month extension of their OPT (i.e., STEM OPT).

During periods of post-completion OPT, maintenance of F-1 status is dependent upon employment. As such, the OPT and STEM OPT programs each include limits as to how long F-1 students may be unemployed during their OPT period. During the 12-month post-completion OPT period, the unemployment limit is 90 days. During the STEM OPT period, the unemployment limit is 150 days, including any unemployment time accrued during the post-completion OPT year. Both unemployment limits are calculated in the aggregate.

Enforcement Background
During the first Trump Administration, the Student and Exchange Visitor Program (SEVP) took several actions to notify designated school officials (DSOs) and F-1 students of the potential for enforcement related to OPT unemployment limits, including a 2020 letter to students that was nearly identical to the recent May 2025 notifications.

The current notifications to F-1 students regarding potential reporting or unemployment violations of OPT also come on the heels of widespread SEVIS terminations earlier this year, many of which were successfully challenged in court – resulting in the restoration of impacted SEVIS records. Following these actions, SEVP has signaled its intention to focus on SEVIS terminations, asserting that SEVP can terminate SEVIS records where there is evidence of failure to comply with the terms of nonimmigrant status or due to a Department of State visa revocation.

What Action Should Impacted Students Take?
F-1 students, including those engaged in OPT or STEM OPT, should work carefully with their DSO to ensure compliance with all F-1 program requirements. Students in receipt of a notification indicating a potential violation of employment reporting or unemployment limits should take prompt corrective action where possible to protect against further enforcement actions by ICE. Students should also work closely with their DSOs and international offices to remain up to date regarding additional developments that may impact F-1 status and OPT.

USCIS Begins Scrutinizing Social Media - Student, Faculty, and Researcher Visas Revoked

5/9/2025

The new administration has recently revoked more than 525 student, faculty, and researcher visas for a variety of reasons, or no reason. The administration has cited “antisemitic activity” as one justification for scrutinizing international students’ social media postings and other communications. The actions have raised First Amendment concerns.

On April 9, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it is “considering aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests.” USCIS said this new policy will immediately affect those applying for lawful permanent resident status, foreign students, and “aliens affiliated with educational institutions linked to antisemitic activity.”

USCIS said it will “consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests,” effective immediately.

The efforts to deport foreign students and others have not been confined to addressing antisemitism. The Trump administration has claimed vast authority to do so, including under the little-used Alien Enemies Act of 1798. “All of these tools that exist in the [immigration] statute have been used before, but they use them in a way that causes mass hysteria, chaos and panic with the hope that students won’t get proper legal advice and they’ll just, through attrition, leave the country,” said Jeff Joseph, president-elect of the American Immigration Lawyers Association.

In many cases, the Department of Homeland Security issues orders for students to leave the country immediately, throwing their lives into chaos and interrupting their studies and research. The new administration has terminated many Student and Exchange Visitor Program registrations without notice, placed students out of lawful nonimmigrant F-1 status, and ended their EAD employment authorizations under OPT Optional Practical Training and Curricular Practical Training.

Even permanent residents have been targeted. Reportedly, a variety of reasons are cited as justification, including traffic violations resolved years earlier.

Meanwhile, some colleges and universities are attempting to address the revocations under threats of having millions in funding yanked. Legal challenges have already been filed in some cases. The situation is complex and evolving.

Temporary Restraining Order Granted in Case Challenging Terminations of F-1 Students’ SEVIS Records

5/9/2025

In a case challenging terminations of a group of more than 130 F-1 students’ Student and Exchange Visitor Information System (SEVIS) records, a federal judge in Georgia granted a temporary restraining order on April 18, 2025.

The order, effective immediately, directs the government to “reinstate Plaintiffs’ student status and SEVIS authorization, retroactive to March 31, 2025.”

An attorney for the plaintiffs, said, “Never before has an action like this taken place, ever, and what we see as a result is the terror in these students. This is designed to scare people into leaving, and kudos and bravo to these students for standing up for what their parents sent them here to do, which is to gain a good education.”

A hearing for a preliminary injunction is scheduled for April 24, 2025. The case is similar to other suits filed in California, Pennsylvania, Michigan, Washington, and Texas.

Judge Stopped Deportation After a Foreign Student F1 Visa Revocation Weeks Before Graduation

4/20/2025

A federal judge has temporarily halted the abrupt cancellation of a student visa for Krish Lal Isserdasani, a 21-year-old international student from India who is just weeks away from earning his computer engineering degree from the University of Wisconsin–Madison.

The decision, issued Tuesday by U.S. District Judge William Conley, came after Isserdasani’s visa was unexpectedly revoked by U.S. Immigration and Customs Enforcement (ICE) on April 4. The cancellation would have forced him to leave the country by May 2—eight days before his scheduled graduation. The move left Isserdasani, who has studied in the U.S. since 2021, stunned and scrambling for answers.
Isserdasani’s attorneys say he received no prior notice or explanation from ICE or the U.S. State Department before being informed of the cancellation by UW–Madison’s International Student Services office. The court determined that this lack of due process violated his legal rights.

“Given the amount of Isserdasani’s educational expenses and potential losses from having to leave the United States without obtaining his degree, the court concludes that Isserdasani credibly demonstrates that he faces irreparable harm,” Judge Conley wrote in his ruling.

The visa cancellation stemmed from a disorderly conduct incident in November 2024 outside a Madison bar. Although Isserdasani was cited in connection with the argument, he was not convicted, nor was he given the opportunity to contest the visa termination. His name appeared in a criminal record database, which appears to have triggered the cancellation—one of over 1,000 visa revocations for international students across the U.S. since January, according to immigration lawyers tracking the cases.

“This ruling is a step toward ensuring fairness and legal protection for international students facing arbitrary actions,” said one of Isserdasani’s attorneys, speaking after the court’s decision.

UW–Madison confirmed that Isserdasani is among at least 26 international students at the university—and 40 across the University of Wisconsin system—whose visas were revoked in recent months. Many of these students were reportedly targeted over minor offenses or for participating in political activities, raising broader concerns about a systemic crackdown on international students under the Trump-era immigration agenda.
Though the administration has defended the revocations as necessary for national security and public safety, critics argue the policy lacks transparency and disproportionately harms students with no history of criminal behavior or intent to violate immigration laws.

Judge Conley’s order provides temporary relief, allowing Isserdasani to remain in the U.S. as his legal team challenges the visa revocation in court. A preliminary hearing is scheduled for April 28.

Isserdasani, who has maintained a strong academic record and was preparing for job interviews in the U.S. tech sector, expressed relief at the court’s ruling. His legal team is now focused on ensuring he can complete his degree without the looming threat of deportation.

The case has spotlighted growing concerns about the treatment of international students in the U.S. and the chilling effect such sudden policy changes can have on educational institutions that rely on global talent.
“This isn’t just about one student—it’s about protecting the integrity of our immigration system and the promise of opportunity that American universities offer,” said a spokesperson for the American Council on Education, which has been monitoring the uptick in student visa revocations. As legal proceedings continue, advocates hope the case will serve as a catalyst for broader reform in how student visas are managed and reviewed by federal agencies.
Read here.

Vetting of Visa Applicants, Green Card Holders, Students, Exchange Visitors by DOS

4/10/2025

The new administration is subjecting visa applicants and even permanent residents (green card holders) to additional vetting and has placed a “temporary pause” on certain green card applications “to do more vetting.” For example, the green card applications of parolees, asylees and refugees.

Secretary of State Marco Rubio recently sent a cable to some Department of State employees on enhanced screening and social media vetting of visa applicants. Among other things, the cable states that effective immediately, consular officers must refer new or returning student and exchange visitor (F, M, and J) visa applicants to the Fraud Prevention Unit (FPU) for a mandatory social media check if they meet certain criteria:

An applicant who the officer has reason to believe has openly advocated for a designated foreign terrorist organization;
An applicant who was previously in the United States in F-1, M-1, or J-1 visa status between October 7, 2023, and August 31, 2024;
An applicant whose previous SEVIS record was terminated between October 7, 2023, and the present.

The cable states that evidence that an applicant:
…advocates for terrorist activity, or otherwise demonstrates a degree of public approval or public advocacy for terrorist activity or a terrorist organization, may be indicative of ineligibility. [This may be] evident in conduct that bears a hostile attitude toward U.S. citizens or U.S. culture (including government, institutions, or founding principles). Or it may be evident in advocacy or sympathy for foreign terrorist organizations. All of these matters may open lines of inquiry regarding the applicant’s credibility and purpose of travel.
The cable notes that a consular officer’s revocation of a visa “must be based on an actual finding that the individual is ineligible for the visa,” not merely on suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding “other than a revocation based on driving under the influence.” If an officer suspects ineligibility, the post should refer the case for further review. Some students on visas or even with green cards have been detained and targeted for removal under INA § 237(a)(4)(C)(i), which authorizes the Secretary of State to “personally determine that [an] alien’s presence would compromise a compelling U.S. foreign policy interest” even if their statements, associations, and beliefs would be lawful.

Global Visa Wait Times: How Long Does It Take to Receive a Visa Interview

1/30/2025

Global Visa Wait Times

Last updated: 1-7-2025

The estimated wait time to receive an interview appointment at a U.S. Embassy or Consulate can change weekly and is based on actual incoming workload and staffing. These are estimates only and do not guarantee the availability of an appointment.

Note: Embassies and Consulates may have a separate process for visa cases where the in-person interview requirement is waived. In general wait times for those cases are shorter, but they are not reflected in the table below.

Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

See more here.

List is here.

In August 2024 USCIS Updated Policy Manual: F-1 Students OPT and STEM OPT Eligibility

9/9/2024

The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical Training; Optional Practical Training (OPT); and Science, Technology, Engineering, and Mathematics Optional Practical Training Extension (STEM OPT). General eligibility requirements for off-campus F-1 employment include that the training be related to the student’s area of study and be authorized by the Designated School Official and U.S. Citizenship and Immigration Services (USCIS). On August 27, 2024, USCIS updated its Policy Manual to clarify guidance for F-1 students concerning eligibility for post-completion OPT and the period during which F-1 students may apply for STEM OPT extensions.
F-1 students may be eligible for employment authorization under OPT prior to completing their course of study (pre-completion OPT) or after completing their course of study (post-completion OPT). Under post-completion OPT, an F-1 student may be eligible for up to 12 months of practical training (employment) at each level of education.
Specifically, the policy manual update confirms that F-1 students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program. The section of the policy manual on post-completion OPT eligibility for F-1 students indicates that the student must, “[h]ave completed a course of study or be in an associate’s, bachelor’s, master’s, or doctoral degree program and have completed all course requirements for the degree (excluding thesis or equivalent).” The policy manual also notes that for post-completion OPT, F-1 students may work as a volunteer or unpaid intern “as long as this practice does not violate any labor laws, and the employment is related to the program of study” and that F-1 students employed under post-completion OPT must work at least 20 hours per week.
An F-1 student who meets certain requirements may be eligible for an additional 24 months of employment authorization based on a STEM OPT extension. One requirement for STEM OPT extensions is that the F-1 student must have earned a bachelor’s, master’s, or doctorate degree in a field designated as a STEM field by the Department of Homeland Security. The USCIS updates to the policy manual correct the period during which students may apply for STEM OPT extensions and include other technical corrections. The STEM OPT Extension section for F-1 Practical Training in the policy manual includes the eligibility requirements for F-1 students to apply for STEM OPT extensions based on previously obtained STEM degrees as well as future STEM degrees. In terms of future STEM degrees, the policy manual indicates that if an F-1 student enrolls in a “new academic program and earns another qualifying STEM degree at a higher educational level, the student may be eligible for one additional 24-month STEM OPT extension, for a total of two lifetime STEM OPT extensions.” Therefore, if an F-1 student completes a STEM OPT extension based on a qualifying bachelor’s degree, the F-1 student may subsequently apply for an additional STEM OPT extension based on a qualifying master’s degree.
The updated guidance from USCIS further details eligibility requirements for OPT and STEM OPT for F-1 students and U.S. employers. The USCIS policy manual can also be used as guidance for employers in determining how F-1 students can maintain, extend, and potentially gain future eligibility for U.S. employment authorization under the OPT and STEM OPT programs.

USCIS Policy Manual.

Options for Foreign Students on F-1 visa in the USA: OPT, work visa, green card

7/22/2024

Post graduation work opportunities: OPT

Optional Practical Training (OPT) is a method for international students to obtain post-graduation work experience. The standard amount of OPT time is up to 12 months. For students holding a degree in certain Science, Technology, Engineering, or Math (STEM) subjects, the total OPT time can be up to 36 months.
However, it is important to note that OPT is not necessarily guaranteed. Unfortunately, young people living away from home for the first time can often get distracted or side-tracked with the plethora of activities on a college campus. Regrettably, there are many instances of international students falling out of immigration status or missing certain OPT filing deadlines, because of poor communication with the Designated School Official (DSO) within a university's international students office. That is why we recommend international students to remain in close contact with the DSO and update the DSO on issues such as poor grades, illness, the need to transfer universities, or the desire to apply for OPT to avoid these issues.
In addition, it is worth noting that the three-year STEM OPT opportunity may be available for subjects that are not traditional STEM fields. For example, recently there is a trend for Master of Business Administration (MBA) with sufficient quantitative content to also qualify the student for three-year STEM OPT. In fact, if a student has a STEM undergrad degree and a STEM MBA degree, one could have up to six years of OPT work experience.

Post graduation work opportunities: Work visas and green card

For some graduates, the available OPT time may be insufficient and they may prefer to obtain a longer-term work visa. In this case, it is important to pay attention to the annual filing deadlines for the H-1B Specialty Occupation work visa lottery, which occurs once a year in March. Winning the H-1B lottery is certainly not guaranteed (i.e. average odds may be around 25-30%); however, the chances of winning can be increased if the student has a US master's degree or higher. That is because, beyond the regular cap of 65,000 H-1B visas, there is an additional pool of 20,000 H-1B visas for those with a US masterʼs degree or higher, potentially increasing the lottery odds to around 50%.

USCIS Updates Policy Manual on F, M Student Visa International Students’ Intent To Depart

3/20/2024

Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM application or an immigrant visa petition does not mean the student cannot demonstrate their intention to depart after their temporary stay in the United States.

This was a particularly thorny issue before this clarification. For instance, students might be working in OPT or STEM OPT status for an employer that offers to sponsor them for a green card. Students would like to start a sponsorship soon in order to obtain a priority date, even if they might not be able to adjust status to permanent resident status for many years. The problem has been that being sponsored could mean they could not travel abroad and renew their F visas because they would be considered to have nonimmigrant intent. Indeed, they might be “trapped” in the United States until they manage to obtain H or L status (which allows dual intent).

USCIS acknowledges in the new guidance:
“The foreign residence requirement should be adjudicated differently for students than for other nonimmigrants. Typically, students lack the strong economic and social ties of more established applicants, and they plan longer stays in the United States. INA 101(a)(15)(F)(i) assumes that the natural circumstances of being a student do not disqualify the student from qualifying for nonimmigrant status. Considerations should include the student’s present intent, not what they might do after a lengthy stay in the United States.”

The new policy recognizes that students “are young” and may not be able to explain fully their plans or their post-graduation long-range plans. It should suffice that they have a present intent to leave the United States at the completion of their studies. Of course, nothing is guaranteed, and an officer adjudicating an F or M visa would have to look at all of the circumstances to determine the student’s present intent.

The new policy guidance also clarifies that students with STEM degrees may qualify for STEM OPT even if they will be working for a start-up company. Before this clarification, there were questions on whether a start-up with limited resources could provide the necessary training. What the guidance makes clear is that there is no presumption a start-up cannot sponsor STEM OPT. The company will need to show (among other things) that it has the ability to:

Adhere to the training program;
Remain in good standing with E-Verify; and
Provide compensation to the STEM student that is basically equivalent to the pay provided to similarly situated U.S. workers.

The new policy guidance put together all existing policies regarding students (including, among others, eligibility, transfers, on-and-off campus employment, practical training, and transfers) making finding information about these topics easier. Please see USCIS added 6 chapters and an appendix.

New USCIS Policy Guidance for Foreign Students F and M Visa

1/3/2024

On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it has updated its policy guidance on international students to consolidate and clarify existing policy regarding F and M nonimmigrant students.

The updated guidance is in Volume 2, Part F, of the USCIS Policy Manual. Highlights include the following:
Nonimmigrant Intent

Per section 214(b) the Immigration and Nationality Act (INA), international students in the F or M categories must intend to depart from the United States after a temporary period of stay and have a foreign residence that they have no intention of abandoning. Relying on the State Department’s Foreign Affairs Manual as authority, USCIS clarifies in its guidance that the foreign residence requirement should be adjudicated differently for students than for other nonimmigrants, considering that students typically lack the strong economic and social ties of more established applicants. For example, if a student had a foreign residence immediately prior to traveling to the United States, even if such residence was with parents, they may be considered to be maintaining a residence abroad if they have the present intent to depart the United States at the conclusion of their studies. Relying on the premise that most students are young, USCIS explains that international students are not expected to have long-range plans for after graduation, as long as the student presently has the intent to depart the US at the conclusion of approved activities. USCIS does not address whether older students who, for example, reside with spouses and children, can similarly qualify for the category without being able to articulate long-range plans.
USCIS further clarifies that an international student in F or M visa status may be the beneficiary of an approved or pending permanent labor certification application or immigrant petition and still be able to demonstrate their present intent to depart the US at the conclusion of approved activities, as the fact that the student’s intent may change in the future is not a sufficient reason to deny them student classification. Despite this interpretation of nonimmigrant intent by USCIS as it relates to F or M visa status, student visa applicants are cautioned that the State Department’s Foreign Affairs Manual, which controls adjudications of F and M visa applications at consular posts abroad, uses considerably less permissible language. Rather, the Foreign Affairs Manual indicates that, while a visa requiring nonimmigrant intent may be issued to an applicant with an active immigrant petition, it reminds officers that such a petition is “reflective of an intent to immigrate” and consular officers may not issue F or M visas if they have reason to believe the applicant intends to remain in the United States beyond their authorized period of stay. 9 FAM 401.1-3(E)(2).

Optional Practical Training (OPT)

USCIS specifies that an F student seeking an extension of optional practical training (OPT) based on a degree in a science, technology, engineering, and mathematics (STEM) field may be employed by a startup company, as long as the employer adheres to the training plan requirements, remains in good standing with E-Verify, provides compensation commensurate to that provided to similarly situated U.S. workers, and has the resources to comply with the proposed training plan.
Notably, the updated guidance clarifies that alternative forms of compensation, such as stock options, may be permitted during a STEM OPT extension as long as the employer provides the same type of compensation to similarly situated US workers. The requirements that the STEM OPT employer remain in good standing with E-Verify and have the resources and personnel required to appropriately train the F-1 student remain unchanged.

Premium Processing I-907 for I-539 Change of Status for Students

6/12/2023

On June 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. Online filing of Form I-907, Request for Premium Processing Service, will also be available for these applicants.

The premium processing expansion for certain Form I-539 applicants will occur in phases, and nonimmigrants requesting premium processing should not file before these dates:

Beginning June 13, 2023, USCIS will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.
Beginning June 26, 2023, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539.

This phase of premium processing service is only available for change of status requests. Premium processing is not available for individuals seeking an extension of stay in M-1 or M-2 status.

USCIS will reject premium processing requests for a pending Form I-539 if received before June 13. USCIS will reject premium processing requests when filed together with a Form I-539 if USCIS receives the request before June 26, 2023.

Important reminder: You must submit Form I-907 the same way you submit Form I-539.

If you mail a paper Form I-539 to us, you must mail a paper Form I-907.
If you submit Form I-539 online, you must submit Form I-907 online.

I-907 Filing fee $1,750 if you are requesting premium processing for a pending Form I-539 seeking change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status.

It is expected that the decision will be made within 30 days.

As previously announced, the expansion of premium processing is part of USCIS’ efforts to increase efficiency and reduce burdens to the overall immigration system. USCIS is expanding premium processing in a phased approach to ensure compliance with the with the Emergency Stopgap USCIS Stabilization Act, which prohibits the expansion of premium processing if it will increase processing times for the immigration benefit requests.

Briefly in Russian:

Начиная с 13 июня 2023 заявители на СМЕНУ статуса на СТУДЕНЧЕСКИЙ статус, а именно F-1, F-2, M-1, M-2, J-1, or J-2 , которые уже подали заявление на смену статуса, и оно находится на рассмотрении в USCIS (pending Form I-539, Application to Extend/Change Nonimmigrant Status), смогут подать на УСКОРЕНИЕ рассмотрения заявления на смену статуса, подав форму на ускорение I-907.

Если вы подавали I-539 по почте - подаете форму об ускорении тоже по почте.

Если вы подавали I-539 онлайн - подаете онлайн.

Если вы еще не подали - то одновременная подача будет возможна с 26 июня.

Госпошлины указаны на сайте USCIS. Госпошлина за ускорение смены статуса на F-1 student, $1,750.

Ожидается, что решение по вашему делу по ускорению будут принято в течение 30 дней

ICE Reminder About New F-1 Student Visa Fee and Process

6/5/2023

ICE issued a broadcast message to all Student and Exchange Visitor Information System (SEVIS) users to remind them about updated visa issuance guidance and a fee increase.

The message notes that in February 2023, the Department of State (DOS) provided updated guidance that consular officers can now issue an F or M student visa up to 365 days before an international student’s program start date.

However, international students can only enter the United States 30 days before the program start date listed on their Form I-20: “Students who attempt to enter the United States more than 30 days before their program start date may be found inadmissible by U.S. Customs and Border Protection.”

The message also reminded SEVIS users that the fee for student and exchange visitor visas would increase from $160 to $185 on June 17, 2023.

Read more at:
https://www.ice.gov/doclib/sevis/pdf/bcm2305-01.pdf

https://www.ice.gov/doclib/sevis/pdf/VisaGuidance_FAQ.pdf

https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html
https://www.state.gov/publication-of-final-rule-on-nonimmigrant-visa-fee-increases/

Foreign Students Can Apply for a Student F-1 Visa 365 Days Before School Starts

3/13/2023

US Department of States recently changed the rules when foreign students can apply for a F-1 student visa and when they can arrive in the United States.

New Students – Student (F and M) visas for new students can be issued up to 365 days in advance of the start date for a course of study. However, you will not be allowed to enter the United States on your student visa more than 30 days before the start date.

Continuing Students - Student (F and M) visas for continuing students may be issued at any time, as long as the student is currently enrolled at a SEVP-approved school or institution and in SEVIS. Continuing students may enter the United States at any time before classes start.

Briefly in Russian:

США изменили важные правила, получения студенческой визы на учебу в США. Теперь подавать заявлкние на визу F-1 на студенческую визу в Соединенных Штатах можно за 365 дней до даты начала учебы, указанной в форме I-20.

Въехать в США новые студенты могут теперь за 30 дней до даты начала учебы (чтобы адаптироваться, снять жилье, подтянуть английский, открыть счет и решить другие бытовые дела).
Форму I-20 университеты теперь смогут выдавать заранее, за год и более до даты начала программы.

More information here.

F-1 OPT and STEM OPT Students are Eligible for Premium Processing

3/6/2023

U.S. Citizenship and Immigration Services announced today the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade.

I-907 filing fee of $1,500 must be paid separately.

Online filing of Form I-907, Request for Premium Processing Service, is now also available to F-1 students in these categories. USCIS continues to accept the latest paper version of this form by mail.
“The availability of premium processing for certain F-1 students, in addition to the ease of online filing, will streamline the immigration experience for a great many international students,” said USCIS Director Ur M. Jaddou. “The ongoing expansion of online filing is a priority for USCIS as we continue to create operational efficiencies and increase access to the immigration system for stakeholders, applicants, petitioners, requestors, and those we serve.”
Premium processing expansion for certain F-1 students will occur in phases, and students requesting premium processing should not file before these dates:

Beginning March 6, USCIS will accept Form I-907 requests, filed either via paper form or online, for certain F-1 students who already have a pending Form I-765, Application for Employment Authorization, if they are filing under one of the following categories:
- (c)(3)(A) – Pre-Completion OPT;
- (c)(3)(B) – Post-Completion OPT; and
- (c)(3)(C) – 24-Month Extension of OPT for STEM students.
Beginning April 3, USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765.

USCIS will reject premium processing requests for a pending Form I-765 if received before March 6, and will reject any premium processing request for an initial or concurrently filed Form I-765 that is received before April 3, 2023.
To file Form I-907 online, an applicant must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees, and track the status of any pending
USCIS immigration request throughout the adjudication process. There is no cost to set up a USCIS online account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond to Requests for Evidence online.
Applicants who previously filed a paper Form I-765 and wish to file Form I-907 online to request premium processing should reference the USCIS Account Access Notice they received for the Online Access Code and details on how to link their paper-filed cases to their online account, or they will not be able to file Form I-907 online and will need file a paper Form I-907 with the Chicago lockbox.
As previously announced, the expansion of premium processing is part of USCIS’ efforts to increase efficiency and reduce burdens to the overall immigration system, and is being implemented in a phased approach.
The addition of online filing for Form I-907 brings the total number of forms available for online filing to 16. The Forms Available to File Online page has links to file all of these forms. USCIS continues to accept the latest paper versions of all forms by mail. More than 1.8 million applications, petitions and requests were filed online in FY 2022, a 53% increase from the 1.2 million filed in FY 2021.

Global Visa Appointment Wait Times

11/10/2022

The estimated wait time to receive an interview appointment at a U.S. Embassy or Consulate can change weekly. These are estimates only and do not guarantee the availability of an appointment.

Note: Embassies and Consulates may have a separate process for visa cases where the in-person interview requirement is waived. In general wait times for those cases are shorter, but they are not reflected in the table below. Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Here is the global visa wait times link.

На официальном вебсайте Госдеп США еженедельно публикует список сроков ожидания интервью на не-иммиграционные визы в посольствах и конслуьствах США по всему миру.

Этот список полезен для выбора посольства, куда лучше подать заявление на туристическую или студенческую визу, т.к. сроки ожиданяи интервью очень различаются по разным посольствам.

Информация обновляется каждую неделю:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.html

Can I enter the USA on a student F1 visa 3 months before the start of my college program?

5/20/2021

Q: Can I enter the USA on a student F-1 visa 3 months before the start of my college program?
Могу ли я въехать в США по студенческой визе за 3 месяца до начала учебы в колледже?

A: No, you can't be admitted to the USA more than 30 days in advance. Student (F and M) visas for new students can be issued up to 120 days in advance of the start date for a course of study. However, students on F or M visas are not permitted to enter the United States earlier than 30 days before the start date of their program.

If you wish to enter earlier than 30 days before your start date, you must separately apply and qualify for a visitor (B) visa.

After you are admitted to the United States in visitor (B) visa status, you must separately apply to USCIS for a change of status to student (For M) status prior to the start of your program. You may not begin your course of study until the change of status is approved, and you may encounter lengthy processing times. Change of status can take a long time.

In alternative, if you have a F1 visa, you can depart the United States and re-enter on your student (F or M) visa.

Ответ: Нет, вы не можете въехать за 3 месяца, а только не более чем за 30 дней до начала учебы, если вы новый студент. Но вы можете получить гостевую B визу и въехать по ней, а затем либо делать смену статуса в США через USCIS (что может занять длительное время) или выехать из США и въехать перед началом учебы, если у вас в паспорте есть действительная студанческая виза.

https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

Nonimmigrant visa interview wait times at the US embassies around the world

2/19/2021

Current wait times for nonimmigrant visas at the USA embassies around the world can be viewed here.

You can see here the most current information about B1/B2 visitor, F1 student and other non-immigrant visas.

Время ожидания интервью на визу США для резидентов. Визы туристические или гостевые, студенческие и другие неиммиграционные визы.

USCIS DHS Permits F-1 Foreign Students to Study Online from Abroad

3/15/2020

DHS (SEVP) Permits Foreign Students to Study Online from Abroad

"On the night of March 12, 2020, the Student and Exchange Visitor Program (SEVP) provided NAFSA with the following statement:
“SEVP is committed to remaining flexible in allowing schools to make temporary procedural adaptations so nonimmigrant students can continue to make normal forward progress in their program of study. They can temporarily engage in distance-learning, either from within the U.S. or outside the country, in light of COVID-19. SEVP will provide updated guidance as the scope and length of this situation becomes more clear.”
This confirmation comes as welcome news. Earlier that day, NAFSA had contacted SEVP to advocate that SEVP allow schools to maintain SEVIS records in Active status for students who choose to or must take the online portion of classes abroad under the school's COVID-19 policy pursuant to SEVP's March 9, 2020 Broadcast Message 2003-01, Coronavirus Disease 2019 (COVID-19) and Potential Procedural Adaptations for F and M nonimmigrant students. A number of NAFSA members had reported receiving guidance originating from SEVP headquarters that schools had to Terminate such records. This created confusion and concern, especially since many schools are now beginning or have already begun their semester Spring breaks, or are in transition between quarters. SEVP later confirmed that their initial guidance was incorrect, and they subsequently issued the above statement.

NAFSA, Mar. 13, 2020

Revised USCIS Guidance on Unlawful Presence for F-1 Students and J-1 Exchange Visitors

8/10/2018

U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum related to unlawful presence. Under the revised final policy memorandum, effective August 9, 2018, F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending.

On May 10, 2018, USCIS posted a policy memorandum changing the way the agency calculates unlawful presence for those who were in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status.

The revised final memorandum published on August 9, 2018 supersedes May 10th memorandum and describes the rules for counting unlawful presence for F and M nonimmigrants with timely-filed or approved reinstatement applications, as well as for J nonimmigrants who were reinstated by the Department of State.

For purposes of counting unlawful presence, a timely reinstatement application for F or M status is one where the student has not been out of status for more than five months at the time of filing. Under the revised final policy memorandum, the accrual of unlawful presence is suspended when the F or M nonimmigrant files a reinstatement application within the five month window and while the application is pending with USCIS.

If the reinstatement application is denied, the accrual of unlawful presence resumes on the day after the denial.

Accrual of unlawful presence could result in later inadmissibility under section INA 212(a)(9).

Whether or not the application for reinstatement is timely-filed, an F, J, or M nonimmigrant whose application for reinstatement is ultimately approved will generally not accrue unlawful presence while out of status.

The Department of State administers the J-1 exchange visitor program, to include reinstatement requests. If the Department of State approves the reinstatement application of a J nonimmigrant, the individual will generally not accrue unlawful presence from the time the J nonimmigrant fell out of status from the time he or she was reinstated.

Memorandum is here.

Automatic Termination of OPT and Work Permit for F-1 Students If They Transfer to a Different School or Begin Study at Another Level

5/19/2018

Automatic Termination of Optional Practical Training (OPT) and Work Permit for F-1 Students If They Transfer to a Different School or Begin Study at Another Educational Level.

USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding work permit or employment authorization document (EAD).

Although authorization to engage in OPT ends upon transferring to a different school or changing educational level, students in F-1 status will not be otherwise affected as long as they comply with all requirements for maintaining their student status. These requirements include not working with a terminated EAD, because termination means that students are no longer authorized to work in the United States. Working in the United States without authorization has serious immigration consequences, including removal from the country and bars on reentry. Furthermore, remaining in the United States in violation of lawful nonimmigrant status could lead to an accrual of unlawful presence which includes another set of penalties under the Immigration and Nationality Act.

Currently, U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) informs USCIS of the termination date, and the OPT termination is automatic under current regulations. USCIS has updated its systems and will begin to enter the EAD termination date into these systems after being notified by SEVP. USCIS will notify affected students and provide them with an opportunity to correct any errors in the record via their designated school official (DSO). This process is intended to strengthen the integrity of the F-1 and OPT programs, to ensure consistency between SEVP and USCIS systems, and to inform students of possible consequences of working with a terminated EAD.

Unlawful Presence for Students and Exchange Visitors: F, J, M visas.

5/16/2018

(On August 9, 2018, USCIS published a final revised guidance which supersedes May 10th 2018 memorandum. Please refer to a new USCIS memorandum/guidance we published here).

On May 10, 2018, USCIS posted a policy memorandum changing how USCIS will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.

This policy aligns with Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States to enforce the immigration laws of the country and will go into effect on Aug. 9, 2018.

Individuals in F, J, and M status who failed to maintain their status before Aug. 9, 2018, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence, on the earliest of any of the following:

The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
The day after their I-94 expired; or
The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).

Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:

The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
The day after the I-94 expires; or
The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

Individuals who have accrued more than 180 days of unlawful presence during a single stay, and then depart, may be subject to 3-year or 10-year bars to admission, depending on how much unlawful presence they accrued before they departed the United States. Individuals who have accrued a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the United States, and who then reenter or attempt to reenter the United States without being admitted or paroled are permanently inadmissible.

Those subject to the 3-year, 10-year, or permanent unlawful presence bars to admission are generally not eligible to apply for a visa, admission, or adjustment of status to permanent residence unless they are eligible for a waiver of inadmissibility or another form of relief.

This policy memorandum is updating Chapter 40.9.2 of the USCIS Adjudicator’s Field Manual.

USCIS is accepting comments on the policy memorandum. The 30-day public comment period begins today and closes on June 11, 2018. For complete information on the comment process, visit the Policy Memoranda for Comment page.

Travel Ban or Muslim Ban 3 Goes Into Effect While Appeals Are Pending

12/5/2017

On Monday, December 4, 2017, the U.S. Supreme Court issued two orders staying lower courts’ (Maryland & Hawaii) preliminary injunctions of President's September 24, 2017 presidential proclamation or 3rd travel ban.

Accordingly, President's most recent travel ban, so-called Muslim Ban 3, will go into effect while the appeals are pending. The U.S. Supreme Court encouraged the appeals courts to quickly decide whether the most recent travel ban was lawful.

The September 24, 2017, Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats indefinitely blocks the entry for certain individuals from eight countries: Iran, Iraq, Libya, Chad, North Korea, Syria, Somalia, Venezuela and Yemen.

Travel Restriction for Nationals of Eight Countries – Chad, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

General Rules:

Only applies to individuals who are (i) outside of the U.S. on the day the travel ban goes into effect, and (ii) who do not have a valid visa on the day travel ban goes into effect, and (iii) who have not obtained a waiver under Section 3(c) of the Proclamation
Does not apply to:
- Lawful permanent residents (green card holders);
- Individuals admitted or paroled into the U.S. on or after the effective date;
- Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date;
- Dual-nationals traveling on a passport from a non-designated country;
- Individuals granted asylum;
- Refugees already admitted to the U.S.; or
- Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture

Previously-Impacted Countries – Restrictions Effective Immediately:

Iran
- Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with F, J, or M visas.
- Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
Libya
- Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
Somalia
- Effective immediately, immigrant visas are suspended for Somali nationals
- Non-immigrant visas are permitted, subjected to heightened screening.
- The bona fide relationship exemption ends October 18, 2017.
Syria
- Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals
Sudan
- Sudan was removed from the list of restricted countries in MB-4.
- Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
Yemen
- Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended,

Newly Impacted Countries (Added):

Chad
- All immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
North Korea
- All immigrant and nonimmigrant visa holders are suspended from entering the U.S.
Venezuela
- The entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
- Per Section 3(b)(v) of MB-4, certain Venezuelans traveling on diplomatic visas are not affected by this order.

Waivers:

If you are from one of the countries covered by the travel ban and do not yet have a valid U.S. visa, you cannot obtain a visa at this time unless you qualify for a waiver. Consular officers may, on a case-by-case and discretionary basis, grant a waiver to affected individuals for certain reasons. To obtain a waiver and a visa, the person seeking admission must prove:

denying entry to the U.S. would cause the foreign national undue hardship;
admission would not pose a threat to the national security or public safety of the United States;
entry would be in the U.S. national interest.

Travel Risks for People from Affected Countries with Valid Visas:

If you are from one of the impacted countries and hold a valid visa, you may be able to apply for admission to the United States. The newest travel ban states that no visas will be automatically revoked and that those with a valid visa are not covered by the travel ban. However, travel outside the United States at this time carries risk.

Decline of International Foreign F1 Students Enrollment in US Universities: 7 Percent in 2017

11/13/2017

The 2016-2017 report revealed that first-time international students dropped 3 percent, indicating that the decline had begun before current president took office. The number of newly arriving international students declined an average 7 percent in fall 2017, with 45 percent of campuses reporting drops in new international enrollment, according to a survey of nearly 500 campuses across the country by the Institute of International Education.

The decline is much more serious in some Midwestern colleges and universities. At the University of Iowa, overall international enrollment this fall (2017) was 3,564, down from 4,100 in fall of 2015. Iowa primarily lost Chinese students.

The University of Central Missouri experienced a sharp decline this year in students from India. In the fall of 2016, the Warrensburg, Missouri, university had 2,638 international students. This fall (2017) it has only 944 international student. It's a big financial impact on the university.It’s a mix of factors. Concerns around the travel ban had a lot to do with concerns around personal safety based on a few incidents involving international students, raise in hate crimes, crimes against foreigners, and a generalized concern about whether they’re safe. Another reason for the decline is increasing competition from colleges and universities in other English-speaking countries, such as Canada, Britain and Australia. Read more here.

On a separate note, it became increasingly difficult to get approval of the Change of Status from B2 visitor to F1 foreign student through USCIS (for those prospective student who arrived in the United States as visitors or tourists). Processing times increased by many months, which results in students being too late to start the semester, losing their status and wasting time and money.

Since September 1, 2017, a new 90-day rule took effect (90 days fraud or misrepresentation rule), which also affected those applying for a change of status: with long waiting time, students are expected to wait at least 90 days before they file an application for a change of status. (We posted about 90-day rule here and here ).

In summer 2017, DHS announced their intention to change the rules to require foreign students to re-register with USCIS every year, which will make study in the USA more expensive, cumbersome, and unnecessarily complicated.

As a result, the best option for many students is to apply for a F-1 student visa abroad at the U.S. embassy or consulate in their home country. There is always a risk of denial and no visa can be guaranteed, however, at present time (2017-2018), a bona fide student with sufficient funds and ties to his home country stands a better chance of approval through consular processing rather than applying for a change of status through USCIS Department of Homeland Security.