The United States Citizenship and Immigration Services (USCIS) recently updated their official guidance for F and M nonimmigrant student classification. These changes directly affect students participating in the English Language Study (ELS) and elementary, middle, and high school programs.
To begin with, USCIS has clarified that students under the F-1 and M-1 visa classifications must be enrolled in a full course of study for their respective programs. USCIS defined ‘full course of study’ specifically pertaining to students in K-12 schools, and for English language training programs. More detailed information about what constitutes a full course of study can be found in the Policy Manual.
Furthermore, the updated guidance outlines that F-1 nonimmigrant students seeking to attend public high school in the United States will be limited to a duration of 12 months. These students are required to reimburse the full, unsubsidized per capita cost of education to the school district. It’s imperative to note that F-1 students are not permitted to attend public elementary or middle schools, or publicly funded adult education programs.
For M-1 nonimmigrant students, who are vocational or nonacademic students, the guidance informs that they are not eligible to attend public schools. Again, they can’t attend the publicly funded adult education programs.
USCIS had initially issued this guidance in 2018, however, it has now been finalized and incorporated into the USCIS Policy Manual. This manual serves as the official source of USCIS immigration policies, providing comprehensive information and guidance.
These changes can significantly impact the choices of foreign students and their parents, as well as schools that admit international students and educational consultants advising these student applications. Therefore, it becomes crucial to be aware of these new regulations and to align them with one’s plans for education in the United States.
As a community of immigration professionals, we must remain vigilant in keeping abreast of updates such as these from USCIS. We are urged to understand these changes and assist potential F and M classification students in navigating this potentially daunting process. Understanding the nuances of the revised policies can indeed be the defining factor between successful and unsuccessful applications for student visas.
Reference: “USCIS Updates Guidance for F/M Nonimmigrant Student Classification” (https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-fm-nonimmigrant-student-classification)
