The recent news of SEVIS (Student and Exchange Visitor Information System) reinstatement for most international students has brought relief to many who had been facing uncertainty regarding their legal status and ability to continue their education in the U.S. However, while this reinstatement addresses some immediate concerns, there are still questions regarding the long-term implications for students, including their ability to pursue F-1 OPT (Optional Practical Training) and STEM OPT. This article explores what happens next for international students, the challenges they may face, and how immigration attorneys can assist in understanding these complex issues.
Key Takeaways
- SEVIS reinstatement allows many international students to resume their academic programs and continue their stay in the U.S.
- While students are not immediately at risk of deportation, challenges remain regarding their ability to work under F-1 OPT or pursue STEM OPT.
- Immigration attorneys can help students by providing guidance on maintaining lawful status, applying for OPT, and ensuring compliance with regulations.
- Students must be proactive in understanding their rights and responsibilities, as issues like maintaining full-time enrollment and timely work authorization remain critical.
What Does SEVIS Reinstatement Mean for Students?
SEVIS is a system that tracks and monitors international students in the U.S. on F and J visas, ensuring they maintain their legal status throughout their studies. SEVIS reinstatement refers to the U.S. government allowing students who were previously out of status to have their SEVIS record reactivated, thereby permitting them to continue their studies without facing deportation.
This move came as a relief for many international students who had experienced disruptions in their status due to various reasons, including delays in administrative processing, violations of visa terms, or situations like the COVID-19 pandemic, which led to changes in educational delivery methods (e.g., remote learning). With SEVIS reinstated, these students can legally remain in the U.S. and continue their studies, provided they meet the necessary academic and immigration requirements.
Are Students Now Safe?
While SEVIS reinstatement allows students to continue their education, it doesn’t automatically mean that students are free from all risks. While the reinstatement provides immediate relief, students still need to be vigilant about their status and compliance with visa conditions. The following are some points to consider:
Maintaining Full-Time Enrollment
To stay in status, F-1 students must remain enrolled full-time at a U.S. institution. If students are not attending classes regularly or fail to maintain the academic standing required by their institution, they may face issues with their SEVIS record in the future.
F-1 OPT and STEM OPT Eligibility
Reinstatement of SEVIS doesn’t automatically grant F-1 OPT (Optional Practical Training) or STEM OPT (Science, Technology, Engineering, and Mathematics Optional Practical Training) eligibility. Students must meet additional criteria to be eligible for OPT, including applying in a timely manner and ensuring their academic program meets the OPT requirements.
What Challenges Do Students Still Face?
Despite the reinstatement of SEVIS, international students may still encounter several challenges:
Delays in Processing OPT Applications
For students interested in applying for F-1 OPT, they must apply within a specific window (typically within 90 days of their graduation). Delays in processing these applications can impact students’ ability to start working within the required timeframe.
Impact on STEM OPT Extension
STEM OPT extensions allow F-1 students who graduate with a degree in a STEM field to extend their OPT for an additional 24 months. However, students who experienced gaps or violations in their status may have trouble proving their eligibility for the extension. They may need to work with their Designated School Official (DSO) to ensure they meet all requirements.
Uncertainty Regarding Future Immigration Policy Changes
While SEVIS reinstatement is a positive step, immigration policies can change, and students may still face uncertainties regarding their long-term ability to stay in the U.S. or obtain work authorization after graduation. Students should stay informed about any changes to immigration laws that could affect their status or future opportunities.
Can Students Continue Their Education and Obtain F-1 OPT and STEM OPT?
Yes, most students with reinstated SEVIS records can continue their education, and with proper planning, they can also apply for F-1 OPT after graduation. However, students need to ensure they meet all requirements for OPT eligibility, including:
Timely Application for OPT
Students must apply for OPT within 90 days before completing their studies, and the application process can take several months. It’s critical that students submit their applications on time to avoid missing the window for authorization to work in the U.S.
STEM OPT Eligibility
For those graduating with a STEM degree, the opportunity to apply for a 24-month STEM OPT extension is available. However, students who have had interruptions in their studies, particularly those who were previously out of status, must ensure they can provide evidence that they meet the requirements for STEM OPT eligibility.
How Can an Immigration Attorney Help?
Understanding the complexities of SEVIS reinstatement, OPT, and STEM OPT applications can be challenging for international students. An immigration attorney can offer significant assistance in the following ways:
Assessing Eligibility for OPT and STEM OPT
An immigration attorney can help assess whether a student is eligible for OPT or STEM OPT, guide them through the application process, and ensure that all necessary documents and deadlines are met.
Resolving Issues Related to SEVIS Termination or Violations
If a student faces any issues related to their SEVIS status or has had their status interrupted in the past, an immigration attorney can help them address these problems and work with their Designated School Official (DSO) to rectify any violations.
Appealing or Seeking Relief for Status Violations
If a student has violated their status or is at risk of losing their status due to SEVIS issues, an immigration attorney can assist in filing appeals or seeking relief options, such as filing for a waiver or applying for a status change.
Staying Informed About Policy Changes
Immigration policies are constantly changing. An immigration attorney can keep students informed about the latest developments in immigration law and advise them on the best course of action based on the current legal landscape.
Ensuring Compliance with Immigration Rules
An immigration attorney can ensure that students are complying with all relevant immigration regulations, including maintaining full-time enrollment, avoiding unauthorized employment, and keeping their SEVIS record up-to-date.
Conclusion
The reinstatement of SEVIS for many international students is a positive step, allowing them to continue their studies in the U.S. and pursue work opportunities under F-1 OPT and possibly STEM OPT. However, challenges remain in terms of maintaining status, understanding OPT and STEM OPT applications, and dealing with potential policy changes. Working with an experienced immigration attorney can help students stay informed, ensure compliance with immigration laws, and maximize their chances of achieving their educational and professional goals in the U.S.
Frequently Asked Questions (FAQs)
What does SEVIS reinstatement mean for international students?
SEVIS reinstatement means that the U.S. government has reactivated a student’s record, allowing them to resume their studies and stay legally in the U.S.
Can I apply for F-1 OPT if my SEVIS record was reinstated?
Yes, if your SEVIS record has been reinstated and you meet the eligibility requirements, you can apply for F-1 OPT.
Am I eligible for STEM OPT after my SEVIS record is reinstated?
If you graduated with a degree in a STEM field and meet the STEM OPT requirements, you may still be eligible for the 24-month STEM OPT extension.
What challenges do international students face after SEVIS reinstatement?
Challenges include delays in OPT processing, ensuring eligibility for STEM OPT, and staying updated on changing immigration policies.
How can an immigration attorney assist me as an international student?
An immigration attorney can help assess OPT eligibility, resolve SEVIS issues, ensure compliance with immigration rules, and assist with appeals or relief options if needed.
Authors: Jonathan Wasden & Justin Rivera, Immigration Attorneys