Policies governing international student status and visas in USA for 2021-22

The Biden government announced, in the last week of April 2021, that it will carry forward its March 2020 policies into the 2021-2022 academic year applicable to F-1 and M status students, as follows:

The government will accept electronic or digital travel signatures on the immigration forms issued by schools on Form I-20. The signatures will be valid for the same duration as an ink signature (12 months for F students and six months for M students).

For students actively enrolled since 2020, the guidance enables schools and students to engage in distance learning in excess of regulatory limits vs the limited number of classes normally allowed to be taken online. These students will be permitted to count online classes toward a full course of study, even if student is taking classes online from outside the USA. Such students can, subject to COVID medical restrictions, re-enter the United States, even if their school is engaged solely in distance learning. If students in the USA are required to leave campus, they can continue to study online, if possible, either inside or outside of the United States. On-campus employment can continue remotely if it is possible to do so.

Students currently participating in OPT, including STEM OPT, may work remotely if their employer has an office outside of the United States or the employer can supervise and assess student engagement using electronic means. Students participating in STEM OPT do NOT need to submit an updated Form I-983 to report remote work. However, requirements to submit an updated Form I-983 for other changes remain in effect. DSOs (and presumably students) do NOT need to update the employer address information in SEVIS or on the Form I-983 for students working remotely. The US government is still working out whether a student may apply for OPT from outside the USA. The government is evaluating whether to implement a specific exemption for exceeding the regulatory limits for unemployment of 90 days for OPT and 150 days for STEM OPT. Students on OPT are allowed to work less than 20 hours each week for the duration of the COVID-19 emergency.

Students may engage in CPT during their time abroad, provided they are enrolled in a program of study in which CPT is integral to the program of study; their DSO authorized CPT in advance of the CPT start date; and either the employer has an office outside the United States or the employer can assess student engagement and attainment of learning objectives electronically.

An F student’s eligibility for practical training remains unaffected whether they are in or out of the United States during the COVID-19 emergency as long as they are in Active status in SEVIS. F and M students who work without wages, taxable compensation, or other remuneration are considered volunteers and are NOT required to obtain an employment authorization document (EAD).

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 non immigrant student for the 2021-22 academic year if their course of study is 100% online. A new student should be allowed to enter the United States if they are engaged in a hybrid program, with some requirements for in-person learning.