Student and Exchange Visitor Program: Difference between revisions

Revision as of 06:01, 26 January 2022

Revision as of 22:30, 18 February 2022

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The '''Student and Exchange Visitor Program''' ('''SEVP''') is a program within [[U.S. Immigration and Customs Enforcement]], which is under the [[U.S. Department of Homeland Security]], thatto managesmanage foreign students and exchange visitors in the United States through the '''Student and Exchange Visitor Information System''' ('''SEVIS''').<ref name=official>{{cite web|url = https://www.ice.gov/sevis|title = Student and Exchange Visitor Program|access-date = January 29, 2017|publisher = [[U.S. Immigration and Customs Enforcement]]}}</ref> The SEVP encompasses the [[F visa|F status]] (for foreign students in the United States in academic programs and their dependents), [[J-1 visa|J status]] (for exchange visitors in the United States and their dependents), and [[M-1 visa|M status]] (for foreign students in the United States in vocational programs and their dependents). The exchange visitor part of the program (J visa) is managed by the [[U.S. Department of State]], although the SEVIS system is maintained by ICE.<ref name=official/>

The SEVP does not manage the issuance of the visas themselves. Visas are issued at United States consulates and embassies in other countries, which fall under the [[United States Department of State]]'s [[Bureau of Consular Affairs]]. However, having the correct status and information in the SEVIS system is necessary for a person to be able to receive a F, J, or M visa.<ref>{{Cite web|url = https://travel.state.gov/content/visas/en/study-exchange/student.html|title = Student Visa|publisher = [[U.S. Department of State]] Bureau of Consular Affairs|access-date = January 29, 2017|archive-url = https://web.archive.org/web/20160603231159/https://travel.state.gov/content/visas/en/study-exchange/student.html|archive-date = June 3, 2016|url-status = dead|df = mdy-all}}</ref><ref>{{cite web|url = https://travel.state.gov/content/visas/en/study-exchange/exchange.html|title = Exchange Visitor Visa|publisher = [[U.S. Department of State]] Bureau of Consular Affairs|access-date = January 29, 2017|url-status = dead|archive-url = https://web.archive.org/web/20170129071309/https://travel.state.gov/content/visas/en/study-exchange/exchange.html|archive-date = January 29, 2017}}</ref>

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In addition, they must report events that constitute a violation of the international visitor's visa status, such as academic suspension, [[criminal conviction]], failure to enroll and unauthorized off-campus employment.

=== COVID-19 Pandemicpandemic Special Accommodationschange===

Amid the [[COVID-19 pandemic]], the SEVP program allowed international students to take more online coursework in the spring and summer semesters of 2020 to accommodate the various state-mandated school closures and stay-at-home orders without penalizing the students. On July 6, 2020, ICE issued a regulation that stated that for any current international visitor under SEVP to remain in the country come the fall 2020 semesters, they must return to taking most of their coursework in person, limiting any online coursework to a maximum of one class or three credit hours online, or be enrolled in a hybrid system but still required to take some physical classes. Students failing to meet these would be face "immigration consequences including, but not limited to, the initiation of removal proceedings", and students who had indicated they would be taking only online classes would be denied visas.<ref name="verge 20200706">{{cite web | url = https://www.theverge.com/2020/7/6/21315168/ice-immigration-international-students-universities-deportation | title = ICE says international students must take in-person classes to remain in the US | first = Monica | last = Chin | date = July 6, 2020 | access-date = July 13, 2020 | work = [[The Verge]] }}</ref>

The new change was criticized by students, schools, and states alike, as with the pandemic worsening in most of the United States at the time, many schools did not have plans to commit to opening to physical classes in the fall semester, leaving these international students at risk of deportation.<ref>{{cite web | url = https://www.cnn.com/2020/07/06/politics/international-college-students-ice-online-learning/index.html | title = International students may need to leave US if their universities transition to online-only learning | first1 = Priscilla | last1 = Alvarez |first2= Catherine E. | last2= Shoichet | date = July 6, 2020 | access-date = July 13, 2020 | work = [[CNN]] }}</ref> At least three separate lawsuits were filed against ICE on the changed within the week on the basis that the decision was [[arbitrary and capricious]] and failed the [[Administrative Procedure Act (United States)|Administrative Procedure Act]]: A joint suit by [[Harvard University]] and [[MIT]],<ref>{{cite web | url = https://www.nytimes.com/2020/07/10/us/f1-student-visa-lawsuit.html | title = As Universities Seek to Block Visa Rules, Trump Threatens Tax Status | first1 = Anemona | last1 = Hartocollis | first2= Miriam | last2 = Jordan | date = July 10, 2020 | access-date = July 13, 2020 | work = [[The New York Times]] }}</ref> the state of California,<ref>{{cite web | url = https://www.nbcnews.com/news/us-news/california-becomes-first-state-sue-trump-administration-over-student-visa-n1233381 | title = California becomes first state to sue Trump administration over student visa policy | first = Alicia Victoria | last = Lozano | date = July 9, 2020 | access-date = July 13, 2020 | work = [[NBC News]] }}</ref> and a separate collation of 17 states and the District of Columbia.<ref>{{cite web | url = https://www.theverge.com/2020/7/13/21322780/ice-lawsuit-states-universities-international-students-visa-pandemic-trump | title = Seventeen states sue Trump administration over new student visa guidelines | first = Monica | last = Chin | date = July 13, 2020 | access-date = July 13, 2020 | work = [[The Verge]] }}</ref> Prior to a second hearing where it was expected that a preliminary injunction was to be placed on the new ruling on July 14, 2020, ICE affirmed it would rescind the new rule and continue to allow international students to participate in online classes.<ref>{{cite web | url = https://thehill.com/homenews/administration/507293-trump-administration-rescinds-policy-to-strip-visas-from-foreign |title = Trump administration rescinds foreign students rule | first = John | last= Kruzel | date = July 14, 2020 | access-date = July 14, 2020 | work = [[The Hill (newspaper)|The Hill]] }}</ref>

For the latest updates, refer to the [https://www.ice.gov/doclib/coronavirus/covid19faq.pdf Frequently Asked Questions for SEVP Stakeholders about COVID-19].

== Fee ==