Important Updates
Important Updates
July 9, 2025 | SenegalSenegal: Company Tax Clearance Certificate Required for Work and Residence Permit
July 10, 2025 | Saudi ArabiaSaudi Arabia: Grace Period for Foreign Nationals in Irregular Status
July 9, 2025 | United StatesBusiness Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking
July 9, 2025 | CanadaCanada: Higher Financial Requirements for Study Permit Applicants
July 9, 2025 | CanadaCanada: Updated Proof of Funds Requirements for Certain Express Entry Permanent Residence Applicants
July 9, 2025 | SenegalSenegal: Company Tax Clearance Certificate Required for Work and Residence Permit
July 10, 2025 | Saudi ArabiaSaudi Arabia: Grace Period for Foreign Nationals in Irregular Status
July 9, 2025 | United StatesBusiness Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking
July 9, 2025 | CanadaCanada: Higher Financial Requirements for Study Permit Applicants
July 9, 2025 | CanadaCanada: Updated Proof of Funds Requirements for Certain Express Entry Permanent Residence Applicants
July 9, 2025 | SenegalSenegal: Company Tax Clearance Certificate Required for Work and Residence Permit
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

New Unlawful Presence Rules for Students and Exchange Visitors Take Effect

August 9, 2018

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

  • F, J, and M nonimmigrants who violate the terms of their nonimmigrant status on or after today will begin accruing unlawful presence the day after the status violation occurs.
  • F, J, and M nonimmigrants who violated the terms of their nonimmigrant status prior to August 9, 2018 will start accruing unlawful presence today.
  • Because of the significant consequences of unlawful presence, F, J, and M nonimmigrants and their employers should make sure to meet their compliance responsibilities.

The situation

A new policy on the consequences of status violations takes effect today for foreign students and exchange visitors. Beginning today, August 9, 2018, F-1 students, J-1 exchange visitors, M-1 vocational students and their dependents will automatically begin to accrue unlawful presence the day after they violate the terms of their nonimmigrant status, regardless of whether they were admitted for duration of status or, if admitted through a specific date, have not overstayed the period of admission on their I-94. Those who violated the terms of their nonimmigrant status before August 9 begin to accrue unlawful presence today.

A foreign national who has been unlawfully present for more than 180 days or one year or more is subject to a three-year or ten-year bar on reentering the United States and will not be eligible to apply for a visa, admission, or adjustment of status to permanent resident unless they are granted a waiver of inadmissibility or another form of relief.

In many instances, students and exchange visitors will not know that they are accruing unlawful presence until a DHS officer adjudicates a petition or application, such as an H-1B change of status petition, an adjustment of status application or an application for optional practical training (OPT) or STEM OPT employment authorization. Unfortunately, these adjudications may occur well after the triggering status violation, and the foreign national may already be subject to the three- or ten-year bar.   

The new policy is a reversal of prior guidance, under which F, J, and M nonimmigrants holding an unexpired I-94 would not accrue unlawful presence unless and until there was a specific finding of a status violation by USCIS or an immigration judge. 

What the new policy means for employers and foreign nationals

Foreign students, exchange visitors and their employers must ensure that they are in compliance with F, J, and M program rules to avoid triggering unlawful presence.

For students and exchange visitors, this means:

  • Making all required reports to their designated school official (DSO) or exchange program responsible officer (RO);
  • Ensuring that they do not engage in employment without authorization;
  • For those in a period of optional practical training, ensuring that they do not exceed limits on unemployment;
  • For those currently in school, ensuring that they do not fall below a full course of study;
  • Departing the United States after his or her course of study or program plus any authorized grace period are completed; 
  • Departing the United States upon expiration of his or her Form I-94, if admitted until a specific date;
  • Making sure that dependent family members do not violate program rules; and
  • Meeting all other Student and Exchange Visitor Program (SEVP) rules.


For employers, this means:

  • Meeting all reporting and evaluation responsibilities for employees working in a period of optional practical training;
  • Ensuring that job opportunities offered to students on optional practical training and curricular practical training meet program rules; and
  • Encouraging F, J, and M employees to meet their SEVP compliance responsibilities.


Fragomen is closely monitoring the implementation of the new policy and will provide updates as they occur.

This alert is for informational purposes only. If you are affected by this policy, 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

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.