As of July 14, 2020, the danger that international students will be deported because they take too many online classes, or because their university moved to an 100% online format, has passed, at least for now. In the face of numerous lawsuits, the Trump Administration has backed down.

This means that F-1 and M-1 visa holders may take courses however their universities offer them and can stay safe from Covid exposure after all, after a week and a half of stress which said that some of them might be deported back to countries who won’t even allow them to travel home right now.

The History

The rules about student visas and online classes were created in 2001 after the 9/11 attacks. Some terrorists were misusing the student visa program to get access to the country.

According to the rule, if a student attends a traditional university then only one class, or 3 credit hours, may be taken online. Students could take up to 9 credit hours of “hybrid” courses which met both in person and online.

In March 2020 these rules were relaxed to meet pandemic conditions. Students were allowed to take their courses 100% online as universities moved to complete courses 100% online. By this point many were near the end of their semesters and were only finishing out the course of study to begin with, which may have made them technically “hybrid.” 

Either way, student visas weren’t in danger until July 6, 2020, at which point the Trump administration said international students could not keep their visa if they took their classes online.

The Lawsuits

In response, Harvard and MIT led 200 universities to sue the Trump Administration. 17 states and DC also launched lawsuits of their own.

In a surprise move on July 14, the Trump administration appeared to back down completely from the new rule, saying they would allow international students to continue taking classes online.

This does not overturn the old 2001 rule. It just “upholds the status quo” of the new rule. It is unclear how long this protection will remain in place. This may be one of the fastest reversals we’ve ever seen out of the administration, but that doesn’t mean the rules won’t change again at the beginning of next semester.

Make sure you always have the guidance you need to stay in the country. Contact John Hykel law to get an experienced immigration attorney on your side. We watch the ever-shifting trends of law and policy and come armed with the advice you need to stay safe.

See also:

Immigration Remains Intertwined With the Covid-19 Pandemic

Deportation and Removal Defenses

Immigration and Citizenship