USCIS issued new policy guidance regarding the F and M nonimmigrant classifications for international students. The F and M nonimmigrant classifications allow those without U.S. citizenship to enter the United States to study. The F-1 category is for academic students and includes students enrolled full-time at a college, university, seminary, conservatory, high school, private elementary school, or other academic institution, or in a language training program. The M-1 category is for vocational students and includes students enrolled in established vocational or other recognized nonacademic programs.
The update adds substantial material to the USCIS Policy Manual, including the following notable changes:
Intent to Depart. The guidance clarifies that F and M students may be the beneficiary of an approved or pending permanent labor certification application (PERM) or immigrant visa petition, so long as they have a foreign residence that they do not intend to abandon. While they still must demonstrate that they intend to depart the United States at the end of their temporary period of stay, a pending or approved PERM or immigrant visa application does not, by itself, prevent a student from demonstrating that intent.
STEM OPT. The guidance also specifies how F students seeking a STEM OPT extension may be employed by start-up companies. The start-up employer must be enrolled in and remain in good standing in E-Verify, adhere to the training plan requirements, have the resources to comply with the proposed training plan, and provide the STEM OPT worker commensurate compensation to that provided to similarly situated U.S. workers, among other requirements.
The guidance addresses USCIS’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for F and M visa holders and their dependents. The new guidance also clarifies policies related to eligibility requirements, school transfers, practical training, and on- and off-campus employment.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how changes to the policy guidance for international students may apply to your circumstances, please contact your team at D&S.