• IKS ESQ. LLC.

New rules regarding Students and VISA Requirements



In the wake of this continuing COVID-19 Global Pandemic, unforeseen consequences have occurred. The federal agency known as ICE, has issued rules and requirements for International students. Due to the COVID-19 pandemic, many post secondary educational institutions are transitioning over to online course work and classes. While this is a good step forward in reducing the spread of infection within the United States, consequences of this course of action is as ICE stated, international students must have in person classes. Online only programs will disqualify international students, resulting in a violation of their student status and will lead to deportation of otherwise lawful visa holders. Students enrolled in a university that has transitioned over to all online classes will be required to transfer schools to that have in person classes. ICE has provided no guidance of percentage of in person class work to online class work to support student status.

These new rules and interpretations have been widely criticized and are being challenged by Harvard and MIT in the courts. We at IKS are monitoring this legal issue very closely as it makes its way through the courts.

We invite you to read any of the following press material to gain an independent understanding of this event.

https://www.ice.gov/news/releases/sevp-modifies-temporary-exemptions-nonimmigrant-students-taking-online-courses-during

https://www.sciencemag.org/careers/2020/07/disturbing-and-cruel-universities-blast-new-visa-rule-international-students

https://www.cato.org/blog/ices-online-class-policy-foreign-students-lots-questions-few-explanations-0

http://news.mit.edu/2020/universities-support-mit-harvard-ice-visa-0710

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