U.S. Immigration Alerts

USCIS Updates Guidance for F/M Nonimmigrant Student Classification

• USCIS updating guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields.
• This guidance, found in Volume 2, Part F, of the Policy Manual, also provides clarifying guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad.

The Policy Manual update:

• Clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class.
• Explains that students may transfer between U.S. Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified, schools at the same educational level, or move between educational levels.
• Explains that, during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.
• Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.
• Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections.
• Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, if the program lasts longer than five months.
• This guidance is effective immediately and applies to requests pending or filed on or after the publication date.

SOURCE: USCIS Newsroom, August 27, 2024: USCIS Updates Guidance for F/M Nonimmigrant Student Classification | USCIS