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. 
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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.

International students enrolled at an ACICS-accredited school should contact their designated school officials (DSOs) immediately to better understand if and how the loss of recognized accreditation will impact the F or M student status, STEM OPT application, application for reinstatement of F1 status, application for change of status and/or other immigration benefits application(s).

On December 12, 2016, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency.

This determination immediately affects two immigration-related programs: 

• English language study programs, as the programs are required to be accredited under the Accreditation of English Language Training Programs Act.  
• F-1 students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension, as the regulations require them to  use a degree from an accredited, Student and Exchange Visitor Program (SEVP)-certified school as the basis of their STEM OPT extension. The school must be accredited at the time of the application; this is the date of the Designated School Official’s (DSO) recommendation on the Form I-20.

SEVP will provide guidance to affected students in notification letters, should their schools’ certification be withdrawn. However, students enrolled at an ACICS-accredited school should contact their designated school officials (DSOs) immediately to better understand if and how the loss of recognized accreditation will impact the F/M student’s status and/or immigration benefits application(s).
If an ACICS-accredited school voluntarily withdraws from SEVP certification or cannot provide evidence in lieu of accreditation for programs listed on their Form I-17, international students at these schools will have 18 months to:

• Transfer to a new SEVP-certified program;
• Continue their program of study until the current session end date listed on their Form I-20 (not to exceed 18 months); or
• Depart the United States.

After this 18-month grace period, SEVP will terminate the SEVIS records of any active F/M student at an ACICS-accredited school who has not transferred to an SEVP-certified school or departed the United States. Please note, this guidance applies equally to all F/M students—regardless of program of study and the 18-month period is valid for English as a Second Language (ESL) students as well.
ACICS-accredited schools will be unable to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school selects to voluntarily withdraw its certification or is withdrawn by SEVP. If a student’s ACICS-accredited school is able to provide evidence of an ED-recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.

English Language Study Programs

USCIS will issue requests for evidence (RFEs) to any individual who has filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after December 12, 2016, requesting a change of status or reinstatement in order to attend an ACICS-accredited English language study program. Upon receiving an RFE, individuals will have an opportunity to provide evidence in response, such as documentation showing that the English language study program they are seeking to enroll in meets the accreditation requirements. 

If the student does not submit a new Form I-20 from an accredited school, USCIS will deny a change of status or reinstatement request because the program of study is no longer accredited by an entity recognized by ED. 
For more information about the loss of ACICS accreditation on English language study programs, see U.S. Immigration and Customs Enforcement’s page on ACICS Loss of Accreditation Recognition.

The 24-Month STEM OPT Extension Program

F-1 students wishing to participate in the STEM OPT extension must have a degree from an ED-recognized accredited U.S. educational institution at the time they file their STEM OPT application. As noted above, USCIS considers the filing of the application to be the date of the DSO’s recommendation on the Form I-20.
USCIS will issue a denial to any F-1 student filing a Form I-765 STEM OPT extension if: 

• The STEM degree that is the basis for the STEM OPT extension was obtained from a college or university that was accredited by ACICS; and
• The student’s DSO recommendation for a STEM OPT extension, and as indicated on Form I-20, is dated on or after December 12, 2016 (i.e., the date on which ACICS ceased to be recognized as an accrediting agency).

Because there is a requirement that students use a STEM degree from an accredited, SEVP-certified school at the time of application, the ACICS loss of accreditation prevents these students from qualifying for a STEM OPT extension. Students who receive a denial will have 60 days to prepare for departure from the United States, transfer to a different school, or to begin a new course of study at an accredited, SEVP-certified school.
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Students whose Forms I-20 have a DSO recommendation date prior to December 12, 2016, are not affected. For more information about the impact of loss of ACICS recognition on the STEM OPT extension program, see U.S. Immigration and Customs Enforcement’s page on ACICS Loss of Accreditation Recognition.

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Prospective students, considering enrollment into one of the colleges or universities in the United States and subsequent application for a F-1, international student visa, can use a helpful and up-do-date online tool at the official U.S. Department of Homeland Security website.

Here, you can find currently SEVP-certified school, information about SEVIS, F-1 visa for a foreign student, M-1 visa, and much more.

You can use the School Search Map to find Student and Exchange Visitor Program (SEVP)-certified schools and programs eligible to enroll F-1 and M-1 students in the United States.

You can search by school name, location, education or visa type. 

​The complete list of certified schools is here.

In Russian:

Как получить студенческую визу в США?

Наши клиенты нередко задают нам этот вопрос. Прежде чем подавать заявление на студенческую визу, вам следует определиться с универсттетом или колледжем, программой, стоимостью обучения и проживания.

Помните, что только аккредитованные колледжи и университеты имеют право выдавать официальную форму I-20, которая затем вам позволит получить студенческую визу. Поэтому один из первых шагов: проверьте, является ли ваш колледж аккредитованным, и сможете ли вы получить студенческую визу через этот колледж. Если нет, продолжайте поиск. Другой колледж в том же штате, или в другом штате может предлагать подобную программу обучения, и стоимость обучения и проживания тоже может отличаться в несколько раз.

Помните, что студенческую визу можно получить и на курсы обучения английского, так называемые языковые курсы ESL English as a Second Language.

Официальный государственный вебсайт, где можно проверить аккредитацию колледжей и университетов тут.

​Список аккредитованных школ можно проверить на вебсайте DHS тут.

Secretary of Homeland Security has suspended certain regulatory requirements for F-1 nonimmigrant Nepalese students who are experiencing severe economic hardship as a direct result of the April earthquake in Nepal. This relief applies only to students whose country of citizenship is Nepal and who were lawfully present in the United States in F-1 status on April 25, 2015, and enrolled in an institution certified by ICE’s Student and Exchange Visitor Program (SEVP).

This suspension will enable eligible F-1 students to obtain employment authorization (EAD or work permit), work an increased number of hours during the school term, and if necessary, reduce their course load while continuing to maintain their F-1 student status. 

The suspension of the regulatory requirements will remain in effect through Dec. 24, 2016. Students must apply for relief by Dec. 21, 2015.

As of Sept. 19, 2015, more than 9,000 F-1 students from Nepal were enrolled in courses at U. S. schools.

See the announcement here. 

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

SEVP releases 2015 international student data, launches interactive mapping tool.

“SEVIS by the Numbers,” a quarterly report on international students studying in the United States, was released Wednesday by the Student and Exchange Visitor Program (SEVP), part of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). The report highlights February 2015 data from the Student and Exchange Visitor Information System (SEVIS), a Web-based system that includes information about international students, exchange visitors and their dependents while they are in the United States. New this edition, users can also visit the Study in the States website to review international student data from “SEVIS by the Numbers” via an interactive mapping tool.

Based on data extracted from SEVIS Feb. 6, 2015, 1.13 million international students, using an F (academic) or M (vocational) visa, were enrolled at nearly 8,979 U.S. schools. This marked a 14.18 percent increase in international students when compared to January 2014 data. The number of certified schools remained relatively static, increasing just more than one percent, during the same time period.  

Seventy-six percent of all international students were from Asia. The top 10 countries of citizenship for international students included: China, India, South Korea, Saudi Arabia, Canada, Japan, Vietnam, Taiwan, Mexico and Brazil.

In February 2015, only 30 SEVP-certified schools had more than 5,000 international students enrolled. The University of Southern California, Purdue University, Columbia University, the University of Illinois and New York University ranked one through five among U.S. schools with the most international students. More than 10,000 international students were enrolled at each of these schools.

Thirty-seven percent of international students studying in the United States, equating to more than 400,000 individuals, were enrolled in STEM (science, technology, engineering and mathematics) coursework in February. Eighty-six percent of international students pursuing STEM studies were from Asia.

The February 2015 report includes a special section about women pursuing STEM studies. In the past five years, the total number of female international students studying STEM fields increased more than 68 percent, from 76,638 in February 2010 to 128,807 in February 2015. Sixty-two percent of these female international students were from China and India. Also since 2010, the number of female international students pursuing STEM-focused master’s degrees increased 114 percent. Thirty-four percent of all female students pursuing STEM studies were enrolled at schools in California, New York and Texas.

Other key points from the report include: 76 percent of SEVP-certified schools had between zero and 50 international students; 73 percent of international students were enrolled in bachelor’s, master’s or doctoral programs; and California, New York and Florida had the most SEVP-certified schools. A school must be SEVP-certified before it can enroll international students who are in the United States on a student visa.
The full report can be viewed here. Report data was extracted from SEVIS Feb. 6, 2015. It provides a point in time snapshot of data related to international students studying in the United States. Data for the previous “SEVIS by the Numbers” was extracted from SEVIS Oct. 7, 2014.

In addition to the report, on Wednesday, SEVP launched an interactive mapping tool where users can explore and drill down international student data from “SEVIS by the Numbers.” This information is viewable at the continent, region and country level and includes information on gender and education levels for international students from geographical areas across the globe.

SEVP monitors approximately one million international students pursuing academic or vocational studies (F and M visa holders) in the United States and their dependents. It also certifies schools and programs that enroll these students. The U.S. Department of State monitors exchange visitors (J visa holders) and their dependents, and oversees exchange visitor programs.

Learn more about SEVP at www.ICE.gov/SEVP. 
You can read the complete report here.