
At a Glance
- In a hearing before a federal district judge today, U.S. Immigration and Customs Enforcement announced it is withdrawing a July 6 memorandum that barred F-1 students from remaining in the United States if their U.S. school did not offer in-person learning during the Fall 2020 semester.
- ICE will reapply its March 2020 COVID-19 guidance, which permits F-1 students attending school in the United States to take online classes in order to maintain their status.
The issue
U.S. Immigration and Customs Enforcement (ICE) announced today that it is rescinding a July 6 policy document that would have prohibited F-1 students from entering or remaining in the United States if their U.S. schools did not provide in-person instruction during the Fall 2020 Semester. The Administration will resume applying COVID-19 accommodations that permit F-1 students attending school in the United States to attend classes online in order to maintain their status.
The announcement came in a hearing before Federal District Judge Allison D. Burroughs, who is presiding in a lawsuit filed by Harvard University and the Massachusetts Institute of Technology against the restrictive ICE policy. Several other lawsuits against the ICE restrictions have been filed in recent days, including challenges by the State of New York, the University of California, and a coalition of U.S. states.
What the policy rescission means for students, schools and employers
The policy rescission means that U.S. schools and F-1 students will continue to benefit until further notice from the March 2020 ICE guidance that permits foreign students to engage in online instruction within the United States during the COVID-19 emergency. However, future restrictions on F-1 students cannot be ruled out.
Fragomen is closely monitoring the status of F-1 policy and related litigation. Further client alerts will be issued as developments occur.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen

Blog post
Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Media mentions
Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Blog post
Senior Manager Ben Morgan and Manager Mariana Da Encarnacao outline Türkiye’s AMS visa and Greece’s Installation visa as streamlined immigration options aimed at attracting technical talent to support national innovation and economic growth.

Video
Director Raj Mann shares an overview of Fragomen's newly released 2025 Regional Immigration Overviews, a supplement to the firm's Worldwide Immigration Trends Report.

Video
Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Blog post
Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Media mentions
Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Blog post
Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Fragomen news
Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Blog post
Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Media mentions
UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Media mentions
Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Blog post
Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Media mentions
Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Blog post
Senior Manager Ben Morgan and Manager Mariana Da Encarnacao outline Türkiye’s AMS visa and Greece’s Installation visa as streamlined immigration options aimed at attracting technical talent to support national innovation and economic growth.

Video
Director Raj Mann shares an overview of Fragomen's newly released 2025 Regional Immigration Overviews, a supplement to the firm's Worldwide Immigration Trends Report.

Video
Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Blog post
Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Media mentions
Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Blog post
Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Fragomen news
Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Blog post
Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Media mentions
UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Media mentions
Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.