Guidance for F-1 Students Enrolled in US Schools
Since the pandemic began, COVID-19 has disproportionately impacted immigrants in numerous ways. The latest issue facing our clients is the government's evolving policies regarding distance learning for F-1 students enrolled in US schools.
Since the pandemic began, COVID-19 has disproportionately impacted immigrants in numerous ways. The latest issue facing our clients is the government's evolving policies regarding distance learning for F-1 students enrolled in US schools.
Per normal government regulations and policy, F-1 students are allowed to study remotely in only very limited circumstances. Due to the need for many schools to operate partially or fully remotely during this unprecedented time, on March 9th Immigration and Customs Enforcement (ICE) released updated guidelines for F-1 students during the pandemic. They created separate rules for continuing vs. initial F-1 students. After some recent back-and-forth, ICE has stated that the March 9th guidelines will remain in effect for the Fall semester. This means that an F-1 student who was actively enrolled in school as of March 9th (whether they are currently inside or outside of the US) can study remotely. However, a student not enrolled as of March 9th, and who is outside of the US seeking a visa, can not. The updated guidance is silent on whether someone who is already lawfully in the US - for example in H-1b visa status - can be approved for a change to F-1 student status.
Guidance for Continuing Students:
As stated in the March 2020 guidance, active F students will be permitted to temporarily count online classes towards a full course of study. The March 2020 guidance applies to continuing F nonimmigrant students who were in valid F-1 nonimmigrant status on March 9, 2020, including those previously enrolled in entirely online classes who are outside of the United States and seeking to re-enter the country this fall. Students actively enrolled at a U.S. school on March 9, 2020, who subsequently took courses online while outside of the country can re-enter the United States, even if their school is engaged solely in distance learning.
Guidance for Initial Students:
In accordance with March 2020 guidance, F students in new or initial status after March 9, 2020, will not be able to enter the United States to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online. Also consistent with the SEVP Broadcast Message dated March 9, 2020, designated school officials should not issue a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” for a student in new or initial status who is outside of the United States and plans to take classes at an SEVP-certified educational institution that is operating 100 percent online.
Due to the evolving nature of the situation, we urge our clients to consult with us before deciding on a course of action based on the new rules. Please contact us at theteam@huwelaw.com or 415-849-1199 for assistance.
Can a Foreign National Working in the US Apply for Unemployment?
Many of our clients have reached out to ask whether it is okay for them to apply for unemployment during this uncertain economic time. They are understandably worried that doing so could negatively affect their current immigration status or applications for future benefits.
Many of our clients have reached out to ask whether it is okay for them to apply for unemployment during this uncertain economic time. They are understandably worried that doing so could negatively affect their current immigration status or applications for future benefits.
Immigration law is complex and fact dependent. However the good news is that in general a foreign national working in the US can apply for unemployment without triggering negative immigration consequences.
The key is that the foreign national must be eligible for unemployment under all applicable rules where they reside. They must be legally entitled to receive the benefit under federal law, as well as local and state law in their jurisdiction. If this is the case, then applying for or receiving unemployment benefits should not negatively impact current or future immigration applications.
Of course there are caveats and nuances involved. If you are struggling to decide what to do in your specific situation, please contact us at theteam@huwelaw.com or 415-413-8760 to schedule a legal evaluation. We are here to help!
We Support our Essential Immigrant Workers
The U.S. economy is largely built on immigrants. Immigrants make up a significant percentage of workers in a range of industries, including those that are essential during a pandemic.
The U.S. economy is largely built on immigrants. Immigrants make up a significant percentage of workers in a range of industries, including those that are essential during a pandemic.
Over 33% of all farmers, fishermen, and forestry workers are immigrants. Over 3 million immigrants work in the accommodation and food services industries. And more than 4 million immigrants work in the healthcare and social services industries.
To learn more, visit https://www.americanimmigrationcouncil.org/research/immigrants-in-the-united-states?emci=a3df6c49-1b8b-ea11-86e9-00155d03b5dd&emdi=a77d2ecf-bd8b-ea11-86e9-00155d03b5dd&ceid=4520155.
Hurtubise Weber Law stands with our essential immigrant workers, sending gratitude for all that they do.
Can You Apply for a Green Card Next Month? Check the May Visa Bulletin!
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Trump's Executive Order Temporarily Suspending Immigration is Narrowly Tailored
Much has been made of an executive order issued on Wednesday that limits immigration to the US - President Trump and some news media have made the Order into a bigger deal than it is, saying that it suspends all legal US immigration.
Much has been made of an executive order issued on Wednesday that limits immigration to the US - President Trump and some news media have made the Order into a bigger deal than it is, saying that it suspends all legal US immigration.
In reality, the Order is narrowly tailored. It suspends the issuance of immigrant visas at consulates abroad, for 60 days. Period.
The Order applies only to intending immigrants (versus nonimmigrants) who are currently abroad. It includes exceptions for the spouses and children under 21 of US citizens, immigrants coming to work in health care professions and other jobs that help address COVID-19, EB-5 foreign investors, military members and their spouses and children, anyone whose entry is deemed to be in the national interest, and several other categories. It does not affect those requesting issuance of a nonimmigrant visa, such as an H-1b or B1/B2 visa.
The Order does not affect anyone currently here in the US seeking adjustment of status (a "green card") or a change or extension of status (for example from an F-1 to an H-1b visa).
USCIS and the Department of State will continue to process applications as usual, with the caveat that no new immigrant visas will be issued for the next 60 days. If you are seeking assistance with a green card or employment-based visa, please contact us today. We are here for you!
