On August 27, 2024, USCIS added and revised the F and M student content in the USCIS Policy Manual. The guidance is effective on August 27, 2024, but USCIS accepted feedback on the guidance until September 27, 2024. NAFSA commented on September 13, 2024. See:

• The USCIS Policy Alert (August 27, 20224)
• The guidance in the USCIS Policy Manual Volume 2: Nonimmigrants, Part F, Students (F, M) [2 USCIS-PM F] (Chapters 1-9)
• NAFSA's PDF Compilation - Compiles and bookmarks each chapter of the USCIS Policy Manual F and M student guidance and the USCIS Policy Alert into a single PDF document
• NAFSA's September 13, 2024 comments to USCIS on the August 27, 2024 policy revisions
• NAFSA's October 16, 2024 follow-up letter to USCIS Director Ur Jaddou urging USCIS to "clarify that a student fully enrolled in an SEVP-certified school during a study abroad program may remain in Active SEVIS status and reenter the United States on that SEVIS record even if the study abroad program lasts more than 5 months."

Feedback to USCIS on the Revised Guidance

The USCIS Policy Alert states: "To provide feedback on this update, email USCIS at [email protected]."

The feedback collection period ended September 27, 2024.

The USCIS Policy Manual Feedback page also explains:

"We will not respond to case-specific questions, offer legal advice, or provide general information. If you have case-specific questions, please refer to the Contact Us page or use our self-service tools. 

How to Submit Feedback on the USCIS Policy Manual

Please email your feedback to [email protected]. Include the following:

• In the subject line, include the sections(s) of the USCIS Policy Manual that your feedback relates to;
• Explain the reason for any recommended change; and
• Include data, information, or authority that supports the recommendation."

Some Key Aspects of the Revised Guidance

USCIS Policy Alert PA-2024-22, which announced the revisions, summarized the changes as follows:

1. "Clarifies that students may count one class or three credits (or the equivalent) during each term or semester toward a full course of study if the class is taken online or through distance learning not requiring physical attendance for any purpose integral to completion of the class."
2. "Explains that students may transfer between SEVP-certified schools at the same educational level or move between educational levels."
3. "Explains that, during the 60-day grace period following an authorized period of postcompletion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status."
4. "Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.
5. "Corrects the time period during which students may apply for STEM OPT extensions and makes other technical corrections."
6. "Clarifies that a student enrolled in an ICE SEVP-certified school during a study abroad program may remain active in SEVIS if the study abroad program lasts less than 5 months, but the student will need a new Form I-20 if the program lasts longer than 5 months."

Most of the revisions just restate common rules that are familiar to most advisers, but a few bear further mention, especially bullets 4 (relating to academic conditions for OPT eligibility) and 6 (relating to the 5-month rule in the context of study abroad).

Bullet point 4 - relating to academic conditions for OPT eligibility. The bullet states that the Policy Manual revisions "clarify" that "students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program." Many have read this to exclude non-degree and certificate programs from the types of programs whose completion can serve as the basis for OPT. However, this must be read in the context of the language of the Policy Manual itself. Here's the newly revised text:

"Have completed a course of study or be in an associate’s, bachelor’s, master’s, or doctoral degree program and have completed all course requirements for the degree (excluding thesis or equivalent);"

You see that the actual Policy Manual states "have completed a course of study" or be in an associate's, bachelor's, etc. degree program..." The first part, "have completed a course of study," is sufficient to include completion of either degrees, non-degree programs, or certificate programs that the school has been approved for.

As background, the prior version of this section in the Policy Manual said the same thing, but had neglected to mention "associate's" degrees, saying:

"Have completed a course of study or be in a bachelor’s, master’s, or doctoral degree program and have completed all course requirements for the degree (excluding thesis or equivalent);"

So the purpose of the revision was simply to correct that prior omission by adding "associate's."

Bullet Point 6 - The 5-month rule and study abroad.

The actual entry at revised 2 USCIS-PM F.7.A. now states:

“A student enrolled in an ICE SEVP-certified school during a study abroad program may remain active in SEVIS if the study abroad program lasts less than 5 months. If the program lasts longer than 5 months, then the student will need a new Form I-20 to be readmitted in student status."

This is changed from the December 20, 2023 version of this section which made no reference to a 5-month period:

“For an F-1 student who has been continuously enrolled in an ICE SEVP-certified school and who undertakes study in a program abroad, DHS considers the student to have taken a temporary absence and may be admitted into the United States with a current Form I-20.”

In NAFSA's comments to USCIS on the Policy Manual revisions, NAFSA told USCIS that it seems that USCIS may be "improperly applying the standard “5 -month” temporary absence rule of 8 CFR 214.2(f)(4) to study abroad participants," and that the language could be read to require DSOs to terminate the SEVIS status of F-1 participants in study abroad programs lasting more than five months, including year-long programs, for example, unless the student makes a trip back to the United States every five months to “preserve” the continuity of their F-1 status and Active SEVIS status.

NAFSA told USCIS that it should revert to its prior guidance, or to revise it again to read something like, "A student enrolled in an ICE SEVP-certified school during a study abroad program may remain in Active SEVIS status and reenter the United States on that SEVIS record even if the study abroad program lasts more than 5 months. To reenter the United States, the student must be in Active SEVIS status, have a valid F-1 visa (if required), and have a valid Form I-20 properly endorsed by the DSO.” NAFSA said that "reverting to the prior guidance allowing the student to be admitted without a new I-20 after a five month or longer study abroad program would provide coherence with current SEVP policy and align with longstanding practice."

Having said this, USCIS may have just been using inartful language. For example, USCIS’s saying that student would need a “new Form I-20” could be something as simple as an I-20 reissuance with a fresh DSO signature, rather than a new requirement to terminate a SEVIS record. USCIS’s clarifying is important, of course, which is why NAFSA told USCIS that they should amend that language.

On October 16, 2024, NAFSA then wrote a follow-up letter to USCIS Director Ur Jaddou urging USCIS to "clarify that a student fully enrolled in an SEVP-certified school during a study abroad program may remain in Active SEVIS status and reenter the United States on that SEVIS record even if the study abroad program lasts more than 5 months."

Other Issues NAFSA Raised in its Comments to USCIS

NAFSA thanked USCIS for "removing the reference to MBA degrees in the section referencing previously obtained degrees. This improves the guidance in the current context because MBA degree seekers who have prior degrees in STEM fields are eligible for STEM OPT. Moving forward, this change will be beneficial as schools develop business curricula with degrees that focus on STEM fields." See 2 USCIS-PM F.5.C.3 – STEM OPT Extension: Previously Obtained STEM Degrees.

NAFSA asked USCIS to correct "the last clause of paragraph 3 at 2 USCIS-PM F.5.C.3 to read: '…no more than 60 days after their DSO enters the STEM OPT recommendation into SEVIS.' Paragraph 3 of this section currently states incorrectly that a student filing for STEM OPT must file the Form I-765 '…no more than 30 days after their DSO enters the STEM OPT recommendation into SEVIS.' However, regulations at 8 CFR 214.2(f)(11)(i)(C) provide that the student has 60 days from the date the DSO enters the STEM OPT recommendation into SEVIS." Update: In response to NAFSA's and other feedback, on September 25, 2024 USCIS made a "technical update" to the USCIS Policy Manual to correct this. USCIS has revised the third paragraph of 2 USCIS-PM F.5.C.3. to now correctly state that, "F-1 students may submit a properly filed Form I-765 up to 90 days before the expiration of the F-1 student’s current post-completion OPT EAD and no more than 60 days after their DSO enters the STEM OPT recommendation into SEVIS."

NAFSA asked USCIS to revise the "STEM OPT Extension: Validity Period" section at 2 USCIS-PM F.5.C.3 "in consultation with SEVP to ensure that SEVIS programming, USCIS policy, and SEVP policy are all in accord, in a way that maximally benefits the student" regarding the operation of the STEM OPT validity period, especially in the context of cap-gap benefits.

NAFSA thanked USCIS "for accepting NAFSA’s recommendation regarding the December 20, 2023, Policy Manual revisions to include specific reference to F-1 options during the 60-day grace period following optional practical training (OPT). The prior language stated that during the grace period “the F-1 may file to extend their student status or change to another nonimmigrant or immigrant status.” The updated language provides a clearer picture of the options available to F-1 students as it now reads, “the F-1 student may contact their DSO to change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.”

Another Note

Remember that the information NAFSA provides is not legal advice, and is not intended to serve in place of legal advice. Also remember that NAFSA comment letters are advocacy pieces and should not be construed as practice advisories. You should consult with an attorney and your government representatives about your question or situation before taking specific actions.