On April 18, 2022, ICE announced the continuation of the March 2020 guidance for Academic Year 2022-2023.
General Information
The Student and Exchange Visitor Program (SEVP) will extend the guidance originally issued in March 2020 for the 2022-23 academic year. This guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the continuing public health concerns created by COVID-19. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and are otherwise complying with the terms of their nonimmigrant status, whether from inside the United States or abroad. A summary of the March 2020 guidance is available below. Significantly, there are no changes to the original guidance, which will remain in effect during the 2022-23 academic year.
Summary of March 2020 Guidance for Continuing Students
As stated in the March 2020 guidance, Active F and M students will be permitted to temporarily count online classes toward a full course of study in excess of the regulatory limits stated in 8 C.F.R. § 214.2(f)(6)(i)(G) and 8 C.F.R. § 214.2(m)(9)(v) for the 2021-22 academic year. The March 2020 guidance applies to continuing F and M nonimmigrant students who were in valid F-1 or M-1 nonimmigrant status on March 9, 2020, including those previously enrolled in entirely online classes who are outside of the United States and seeking to re-enter the country for the 2021-22 academic year. Students actively enrolled at a U.S. school on March 9, 2020, who subsequently took courses online while outside of the country can re-enter the United States, even if their school is engaged solely in distance learning.
Summary of March 2020 Guidance for Initial Students
In accordance with the March 2020 guidance, new or Initial F and M students who were not previously enrolled in a program of study on March 9, 2020, will not be able to enter the United States as a nonimmigrant student for the 2021-22 academic year if their course of study is 100 percent online. A new student should be allowed to enter the United States if they are engaged in a hybrid program, with some requirement for in-person learning. Consistent with this restriction, DSOs should not issue a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status" for a student in new or Initial status who is outside of the United States and plans to take classes at an SEVP-certified educational institution that is operating fully online.