Broadcast Message: Termination of SEVP COVID-19 Flexibilities

To: All SEVIS Users

Date: May 12, 2023

Number: 2305-04

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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.

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Even though many schools had already transitioned back to normal international requirements this official release lets schools know that it is mandatory for them to do so now. Many of us had expected this when Biden declared the COVID emergency over. At the same time schools have not fully returned to in person classes. Since COVID many schools have started offering some classes only on line and they have no intention to return those classes to in person formats. This means that international students are negatively being impacted by this disconnect between SEVIS and how schools are functioning. COVID has had many lasting impacts on our society and I do not see schools returning fully to the same teaching methods that they had before COVID since online courses are easier to teach and can be more cost effective for schools. SEVIS regulation and policy making and the Department of Education since Homeland Security really doesn't understand how education works and they don't keep up with trends in education. They also have never addressed the horrible earthquake that happened in Turkey/Syria with any special work abilities for students impacted. I have given up hope on ever seeing a broadcast for that situation. Their last major broadcast relating to student relief (May 3rd) was focused on Hong Kong residents. This shows how they put value into some students over others based on geography instead of actual world events.