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ICE Rescinds Student Visa Policy Requiring In-Person Attendance

U.S. Immigration and Customs Enforcement (ICE) has agreed to rescind a proposed rule that would have required international students on F-1 and M-1 visas to either attend in-person classes at U.S. colleges and universities or face having to leave the United States. Under the proposed rule, students enrolled in universities offering online-only courses would have been required to transfer to a school offering in-person classes or leave the country. The proposed rule met immediate opposition and sparked a number of lawsuits by states and universities across the country.

Moving Forward

Following a short hearing in a case filed by several prominent universities, ICE agreed to abandon the proposed rule and to continue to honor its prior guidance, issued in March 2020, which allows students in F-1 and M-1 status to take more than the regulatory limit of one online course while remaining inside the United States

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume X, Number 196


About this Author

Melissa Manna, Ogletree Deakins Law Firm, Raleigh, Immigration Practice Group Writer
Immigration Practice Group Writer

Melissa Manna is an Immigration Practice Group Writer. Her primary focus is writing and editing legal articles relating to immigration for the firm’s online and print publications, websites, and newsletters.

Prior to joining Ogletree Deakins, Melissa spent 9 years as in-house counsel at TowerCo, one of the largest independent wireless tower companies in the U.S., representing the company in all aspects of commercial real estate. During that time she managed due diligence, advised and implemented risk management solutions, and closed transactions...