FAQs on ICE-SEVP Notification

Update: Our most recent updates suggest that DHS and ICE have agreed to rescind the policy and revert back to March Guideline. You can find more updates here. The judge has decided to keep the docket open in case there is a change suggested later. We shall keep you posted.

 

Disclaimer: We are hoping to provide our best understanding of the ongoing status, but none of these answers are finalized yet until we consult with the grad office and divisions. ICE might also issue further FAQs clarifying the guidance.

Last Updated: 07/10/2020 12:00 PT

Status: These are questions that the GSC compiled and were answered by ISP. We have follow-ups pending with grad office and divisions.

Editors’ note: The ISP is dealing with a huge amount of work currently. We ask that individuals be patient when reaching out to them.

Caltech’s current plan

  • Hybrid semester will be provided by Caltech. Details are being worked out.
  • ISP will survey each student’s situation and prioritize accordingly.
  • Students will receive updated/re-issued I-20s
  • Terminology (COVID-19 and Fall 2020: SEVP Broadcast Message)
    • “Online” = Instruction is entirely online. Other activities do not count.
    • “Hybrid” is a mixture of online and in person
    • At least one in-person class could be sufficient to qualify for this model.
    • If there is some type of in-person component in a class – this could qualify the class as hybrid.

Questions for Caltech

Policy/General

  • What does “taking the minimum number of online courses required to make normal progress” mean?
    ISP:We do not have further guidance on this matter. When there is no detail given, we may have greater flexibility in interpreting this to accommodate our academic setting and our students’ needs.
  • What qualifies as not an “online course” in Caltech’s context? I.e. a course that allows a student in the US to maintain their status
    ISP: We do not have further guidance on this matter. When there is no detail given, we may have greater flexibility in interpreting this to accommodate our academic setting and our students’ needs. It is our understanding that a hybrid academic program will be in place, inclusive of research. The details of this are being developed by the faculty and administration.  Immigration has not specified the exact structure of the in-person component of what constitutes hybrid, so perhaps there is flexibility to take Caltech’s various needs and academic paths into consideration.
  • Will this SEVP guidance extend to the future quarters?
    ISP: This is not known, but it is possible.
  • Is an active status necessary to continue my degree progress, work as a TA?  (Following up with Grad Office)
  • Is an active status necessary to work as a TA or get paid at Caltech?  (Following up with Divisions & Provost & OSR)
    ISP: Active nonimmigrant status and Active SEVIS record are necessary for any F-1 or J-1 international student who remains inside the United States. The Caltech administration is working through eligibility for enrollment, Research Assistant/TA activities, and payment of stipend to anyone outside of the United States
  • How can students/departments get their immigration law questions answered?
    ISP: ISP and the International Offices can assist with initial questions and help students determine if the questions or situations are better suited to be handled by an immigration attorney. The International Offices can offer a list of immigration attorneys as a reference for personal consultations. The International Offices occasionally invite immigration attorneys to address specific topics for the community.

Students outside the US/status maintenance

  • What happens when an international grad student continues their degree progress in the Fall outside the US?
    What happens if students are affected by travel bans and cannot return to campus?
    How does this affect TA-ing?
    How is Caltech going to financially support grad students who are unable to return to the US and/or retain their status?  (Following up with Grad Office and divisions)
    ISP: For the majority of students, a research assistantship or TA assignment is integral to the graduate degree program.  We anticipate that the Caltech administration will communicate soon as to students’ eligibility to participate in RA/TA assignments and to receive stipends while outside of the United States. For those students whose degree programs do not rely on RA or TA positions, they may have the option to enroll, but this has not been announced yet. We do not anticipate being able to keep an F-1 student’s SEVIS record Active if enrolled from outside of the United States. This is true regardless of why the student is outside of the United States, including visa issues, travel bans, Chinese military civil fusion, or health conditions.

Editors’ note: the question of whether a student pursuing an entirely online course load from outside the US at a hybrid institution will be able to retain their active status is one of the questions that were sent to ICE by NAFSA (the association of intl students advisors) to ICE. This still seems to be a point of confusion for many institutions.

(Follow-up with ISP: what if ICE reverts back to its March guidance?)

  • What happens to people with disabilities or with pre-existing conditions? Will they be forced to travel to the US anyway in the current scenario if they want to maintain F-1 status? (Following up with divisions)
    ISP: Unfortunately, the SEVP guidance does not include exemptions for people with disabilities or pre-existing conditions. (Editor’s note: we are advocating for addressing these issues on a case-by-case basis at division levels)

Research/Dissertation

  • How does the guidance apply to grad students only doing research? (Further Clarification required from Grad Office)
  • How does this guidance apply to grad students still fulfilling their coursework requirements? (Further Clarification required from Grad Office)
  • Does computational/theoretical research count as an in-person course and if so, is this guaranteed? (Further Clarification required from Grad Office)
  • Will experimental researchers be forced to return to labs against their health interests if research counts as in-person class? (Further Clarification required from Grad Office)
    ISP: It is our understanding that a hybrid academic program will be in place, inclusive of research. The details of this are being developed by the faculty and administration.  Immigration has not specified the exact structure of the in-person component of what constitutes hybrid, so perhaps there is flexibility to take Caltech’s various needs and academic paths into consideration.

Travels

  • If a student is outside the US and wants to return to study in Fall 2020 at Caltech to maintain their F1 status, how should they plan their registration and return? (Further Clarification required from Graduate Students Office)
    ISP: Fall 2020 academic term begins on September 29. They should plan to register online per usual and return to Pasadena by September 29.
  • As such plans for a return would be sudden and expensive, what funds can Caltech provide to mitigate such expenses? (Following up with grad office and divisions)
    GSC/ISC: TBD but the ISC and the GSC is advocating for multiple levels of funding, utilizing existing emergency funds.
  • If a student is forced to leave the US and the visa expired (but not the I-20) during that period, does the student need to go through the whole application + clearance process again in order to return? How does Caltech plan to support the student during this period?
    ISP: In order to return to the United States, the student would need a valid visa. This is issued by the U.S. consulates. Application for a visa interview would be needed. Administration processing (clearance) may be requested per U.S. Department of State. Currently, regular visa processing is suspended. Canadian citizens are exempt from the visa process. If a student is forced to leave the US from a loss of status, a new I-20 may be needed.

Contingencies

  • What are the possible scenarios in which international students on campus will be forced to leave the US en masse under this guidance?
    ISP: Caltech will provide a hybrid academic program, so no Caltech international student will be forced to leave for this reason.
  • If the pandemic becomes worse and Caltech is forced to convert from hybrid-mode to online-only, what will happen to students on campus? What happens to international students with travel restrictions on their home countries? How will Caltech help?
    ISP: We would need to see what the potential “Stay at Home” order would be and if Caltech’s implementation of a hybrid academic program would suffice. The details of Caltech’s hybrid academic program are being developed by the faculty and administration.  Immigration has not specified the exact structure of the in-person component of what constitutes hybrid, so perhaps there is flexibility to take Caltech’s various needs and academic paths into consideration.

OPT/CPT

  • How does this guidance impact students currently on CPT/OPT inside the US or the ability of students currently inside the US to apply for CPT/OPT?
    ISP: The SEVP guidance does not impact students with approved or pending Curricular Practical Training (CPT), Optional Practical Training (OPT), or STEM OPT. ISP continues to assist students with these procedures, which are outlined on our website: international.caltech.edu. 
  • How does this guidance impact the ability of students currently outside the US to apply for Optional Practical Training (OPT)?
    ISP: SEVP has not provided guidance on this question. SEVP continues to publish the same statement since March 2020: “DHS is evaluating these issues and may issue additional guidance. In the meantime, since USCIS adjudicates OPT employment authorization requests, SEVP recommends reaching out to USCIS for further guidance.” Without further guidance to the contrary, USCIS requires that students be physically present in the United States at the time the application for OPT is filed.
  • How does this guidance impact the ability of students currently outside the US to apply for Curricular Practical Training (CPT)?
    ISP: SEVP has provided guidance on this question: “Students may engage in CPT during their time abroad, provided they are enrolled in a program of study of which the CPT is an integral component, the DSO has authorized the CPT in advance, and either the employer has an office outside the United States or the employer has a means to assess student engagement and attainment of learning objectives.” Students must continue to follow ISP’s posted CPT process before beginning any non-Caltech employment.
  • How does this guidance impact students’ future abilities to apply for CPT/OPT if they lose their status due to this guidance?
    ISP:The answer is nuanced, as it depends on what is meant by “loss of status,” and it depends greatly on each student’s program of study and how close the student is to completion of studies. We can revisit this question once we understand the intended circumstances. Further details requested with specificites.

Advocacy Strategy

  • Grad students should advocate independently while knowing what the admin is doing, so our voices are heard separately
  • Each division needs to come up with pay & work arrangements for international students outside the US
  • Each division and the institute need to come up with emergency funds for attorney, visa, travel, health costs caused by this modification
  • We need to push for diverse ways for students who cannot return to the US to maintain their SEVIS status

External Resources