• Insights

DHS Bars Fully Online Learning for New Students in Fall 2020

July 27, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

At a glance
  • Initial or new F-1 students will not be permitted to take a fully online course of study in the United States for the Fall 2020 semester, according to a DHS announcement. 
  • The Department of State will not issue visas to, and U.S. Customs and Border Protection will not admit, new students enrolled in programs that are fully online for the fall. 
  • Foreign nationals who have been granted change of status requests to F-1 may be deemed in violation of their status if they engage in fully online study this fall.
  • Existing F-1 nonimmigrants who were in active student status on March 9 may continue their studies, obtain F-1 visas, and enter the United States regardless of their school’s instruction format. 

The issue

During the Fall 2020 semester, new or initial students attending schools that are operating entirely online will not be permitted to enter the United States or change to student status in order to take a full online course load, the Student and Exchange Visitor Program (SEVP) has announced. Only students who were in active SEVIS status on March 9 and who have been maintaining their lawful status since that date can benefit from the agency’s March 2020 COVID-related online learning accommodations.

The new policy means that the State Department will not issue F-1 visas to new students enrolled in programs that are fully online for the Fall 2020 semester, nor will CBP will admit these students to the United States. Foreign nationals who have been granted a change of status application to change to F-1 status will be deemed in violation of status if they attend a fully online program. Those with pending applications to change status to F-1 will have their change of status requests denied if their records indicate a fully online fall semester. These policies also apply to M-1 vocational students.

Designated School Officials have been specifically directed not to issue a Form I-20 to any foreign national seeking new or initial F-1 status who is outside the United States and plans to take classes fully online. The directive also appears to affect issuance of Forms I-20 to those seeking a change of status from USCIS from a non-student status while within the United States.

Background

SEVP’s policy announcement follows a set of fast-paced back-and-forth changes in SEVP’s online learning policy.  In March, the agency announced some online learning accommodations due to the COVID-19 emergency, and stated the policies would remain in place throughout the public health crisis.  Under the relaxed guidance, F-1 students were permitted to take more online courses than usual to maintain their full course of study in the United States.

In early July, SEVP abruptly reversed the accommodations.  Several universities and U.S. states filed lawsuits challenging the reversal, and on July 14, in response to one of the lawsuits, DHS changed course again.  The agency announced it would rescind the July reversal and revert to its March 2020 guidance.  This most recent SEVP announcement indicates that the agency interprets its March guidance to provide online learning accommodations to only existing F-1 students.

Existing F-1 students

Students who were in active SEVIS status on March 9 and who have been maintaining status since that date may engage in fully online academic programs in the United States in Fall 2020, in line with SEVP’s March 2020 guidance.

This is the case even if the F-1 student was engaged in online study outside the United States on March 9, since the March policy permitted fully online study from either inside or outside the United States.

Students who have been in active, lawful student status since March 9 may also remain in the United States in order to begin a new online course of study, engage in a hybrid in-person/online course of study, or switch between hybrid and online-only programs. In all instances, the student and school must comply with reporting requirements. 

Issuance of procedural change plans and Forms I-20 by schools

Schools that have already submitted Fall 2020 procedural change plans to SEVP are not required to re-submit plans unless there are further substantive changes.

Schools that have already issued Forms I-20 for F or M students in accordance with SEVP’s early July guidance should reissue only if there are other substantive changes that would require a Form I-20 update. 

Impact on F-1 students in a period of practical training

F-1 nonimmigrants who have completed a course of study and are working in a period of 12-month optional practical training (OPT) or a STEM extension continue to be unaffected by SEVP’s online learning policy. The policy also should not affect those who are enrolled in a course of study and engaging in a period of curricular practical training (CPT) as long as the students are otherwise maintaining their F-1 status.

Student visa issuance

Foreign students who have been maintaining F-1 status since March 9 are also permitted to apply for an F-1 visa at a U.S. consulate. The State Department has confirmed that it is aware of SEVP’s most recent guidance on online learning.

In practice, COVID-related travel restrictions and suspended consular operations may hinder students from obtaining a visa, but the State Department has emphasized that issuance of student visas is a high priority, as some U.S. consulates begin a phased resumption of visa services.  The Department also announced that it is relaxing some COVID-related restrictions for students traveling from the United Kingdom, Ireland, and the Schengen areas of Europe. Procedures and policies for student visa issuance in these areas will be specific to each U.S. consular post.

What’s next

SEVP’s latest announcement on online learning will prevent a large number of new foreign students from beginning their studies in the United States as planned.  Universities and U.S. states could seek relief through the courts in response to this action. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 8, 2026 | 🌐Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 9, 2026 | 🌐Minimum Salary Changes Announced
July 9, 2026 | United StatesTimes of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register Again
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 8, 2026 | 🌐Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 9, 2026 | 🌐Minimum Salary Changes Announced
July 9, 2026 | United StatesTimes of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register Again
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 8, 2026 | 🌐Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.