Important Updates to USCIS Policy Manual: What F/M Nonimmigrant Students Need to Know

On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced updates to its policy manual concerning F/M nonimmigrant student classifications. This new guidance, effective immediately, brings several important changes that impact the eligibility and procedures for Optional Practical Training (OPT) extensions and other aspects of student life.

Key Updates to the Policy Manual

1. Online Classes and Distance Learning: The updated guidance clarifies that students can now count “one class or three credits (or the equivalent) per academic session toward their full course of study if the class is taken online or through distance learning.” Importantly, this does not require physical attendance for any part of the class, which, in turn, makes it easier for students to manage their coursework.
2. School Transfers and Education Levels: Students have more flexibility in transferring between schools. The new update allows for transfers between U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified schools at the same educational level or between different educational levels. This makes it easier for students to switch schools or continue their education without any interruption.
3. Grace Period Adjustments: During the 60-day grace period following the completion of OPT, students can change their education level, transfer to another SEVP-certified school, or file an application with USCIS to switch to another nonimmigrant or immigrant status. This period provides greater flexibility for transitioning to new academic or immigration statuses.
4. Eligibility for Post-Completion OPT: The update confirms that students who complete an associates, bachelors, masters, or doctoral degree program are eligible for post-completion OPT. This clarification ensures that students at various educational levels can benefit from various OPT opportunities.
5. STEM OPT Extensions: The guidance also corrects and clarifies the application period for STEM OPT extensions. This ensures that students in STEM fields are aware of the correct timelines and procedures for extending their OPT periods. For example, a student may apply for a 24-month STEM OPT extension up to 90 days before the expiration of the student’s current post-completion OPT EAD and no more than 60 days after their DSO enters the STEM OPT recommendation into SEVIS.
6. Study Abroad Programs: For students participating in study abroad programs, the new guidance specifies that if the program lasts less than five months, students can remain active in the Student and Exchange Visitor Information System (SEVIS). However, if the program exceeds five months, students will need to obtain a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to maintain their status.

For F or M nonimmigrant students, this updated guidance provides greater flexibility and clarity regarding online classes, school transfers, and OPT opportunities. As this matter is subject to change, we encourage our readers to check our website regularly for updates on this and all matters related to immigration law.