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Student and Exchange Visitor Program

ICE issues notice of proposed rulemaking, seeks public comment on employment eligibility verification options

ICE is proposing creating a framework under which the Secretary of Homeland Security could authorize alternative options for document examination procedures associated with the Form I-9, Employment Eligibility Verification. The notice of proposed rulemaking is seeking input from the public regarding making permanent some of the current COVID-19 pandemic-related flexibilities to examine employees’ identity and employment authorization documents for the Form I-9.

ICE continues March guidance for fall school term

Nonimmigrant students and schools certified by the Student and Exchange Visitor Program (SEVP) should abide by SEVP guidance originally issued in March 2020. The guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the public health emergency generated by COVID-19. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9 and are otherwise complying with the terms of their nonimmigrant status, whether from inside the U.S. or abroad. SEVP will not issue a temporary final rule impacting nonimmigrant students for the fall school term.

SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester

Due to COVID-19, SEVP instituted a temporary exemption regarding online courses for the spring and summer semesters. This policy permitted nonimmigrant students to take more online courses than normally permitted by federal regulation to maintain their nonimmigrant status during the COVID-19 emergency.

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