Due to COVID-19, in the spring semester U.S. Immigration and Customs Enforcement (ICE), temporarily permitted exemptions for nonimmigrant student visa holders related to in-person course requirements.  ICE subsequently modified the exemptions for the fall semester, reinstating in-person course requirements for student visa holders (see prior client alert here.)

Following pushback and lawsuits from states, universities, and other organizations, the Department of Homeland Security (DHS) and ICE have rescinded the reinstatement of in-person course requirements for student visa holders for the Fall 2020 semester.

The decision, announced by U.S. District Judge Allison Burroughs during a hearing in a lawsuit filed by Harvard and MIT, was reached via an agreement between DHS, ICE, and the two universities to resolve the lawsuit. According to the announcement, the temporary policies announced by ICE in March will remain in place.

For details on the temporary policies published in March, see our prior client alert here.

ICE has not yet published updated policy documents to reflect the change.

All COVID-19 related policies, requirements, and timeframes may change, additional modifications are anticipated. Please refer here for updates.