ICE SEVP Broadcast Message: Termination of SEVP COVID-19 Flexibilities

ICE, May 11, 2023

"General Information

President Biden announced the termination of the Coronavirus Disease (COVID-19) Public Health Emergency, effective on May 11, 2023, following the termination of the COVID-19 National Emergency on April 10, 2023.

While the Student and Exchange Visitor Program’s (SEVP) COVID-19 guidance is terminated as of May 11, 2023, Active F and M nonimmigrant students will be able to complete the 2022-23 academic year under the COVID-19 flexibilities through the 2023 summer semester. However, Active F and M nonimmigrant students will not be permitted to count online classes toward a full course of study in excess of the regulatory limits stated in 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v) for the 2023-24 academic year.

Initial or re-entering students must enroll in programs complying with the regulatory limits for distance learning as stated in 8 CFR 214.2(f)(6)(i)(G). Designated school officials should not issue Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” for students in new or Initial status who are outside of the United States and plan to take classes at an educational institution certified by SEVP for a program of study that contains online components in excess of the regulatory limits.

Please refer to the Frequently Asked Questions for SEVP Stakeholders Post-COVID-19 for specific information regarding the end of SEVP’s COVID-19 guidance for certified schools.

SEVP originally published its COVID-19 flexibilities to accommodate the national emergencies as they pertained to SEVP-certified schools and nonimmigrant students, including restrictions and disruptions to travel and changes in teaching methods at the time. The flexibilities were always intended as a temporary measure to allow nonimmigrant students to continue their studies with the least disruptions as possible and did not signify or result in a permanent change to the regulations.

Procedural Change Plans for SEVP-certified Schools

While all previously submitted procedural change plans are voided as of May 11, 2023, Active F and M nonimmigrant students will be able to complete the 2022-23 academic year under the COVID-19 flexibilities through the 2023 summer session. With the beginning of the fall 2023 session, schools must comply with all regulatory limits in 8 CFR 214.2(f), 8 CFR 214.2(m), 8 CFR 214.3 and 8 CFR 214.4.

Disclaimer

The Broadcast Message is not a substitute for applicable legal requirements, nor is it itself a rule or a final action by SEVP. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter."