USCIS Issues Guidance for F, M Status
In a recent and significant announcement, the U.S. Citizenship and Immigration Services (USCIS) has issued comprehensive policy guidance aimed at the F and M student nonimmigrant classifications. This guidance is a pivotal development for international students and U.S. educational institutions alike, offering much-needed clarity on various aspects including employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.
Consolidation of Existing Policies
The newly issued guidance by USCIS is not introducing new policies but rather consolidating existing ones. The intention behind this consolidation is clear: to streamline and demystify the process for international students and the institutions that host them. This move is expected to alleviate confusion and provide a solid foundation of understanding regarding eligibility requirements, school transfers, practical training, and the conditions under which students can engage in on- and off-campus employment.
Clarification on Foreign Residence Requirement
One of the notable clarifications provided in the guidance pertains to the requirement for F and M students to maintain a foreign residence which they have no intention of abandoning. Importantly, the guidance acknowledges that students can still demonstrate their intention to depart the U.S. after their temporary stay, even if they are beneficiaries of a permanent labor certification application or an immigrant visa petition. This clarification is crucial as it balances the temporary nature of the student’s stay with their potential long-term aspirations.
STEM OPT Extensions and Employment at Startups
Recognizing the evolving landscape of employment, USCIS specifies that F students can be employed by startup companies during their STEM OPT extension period. However, there are stringent requirements to ensure that these employment opportunities are legitimate and beneficial for the students. Startups are required to comply with training plan stipulations, remain in compliance with E-Verify, and ensure that the compensation offered is equivalent to that given to U.S. workers in similar positions.
Conclusion
The USCIS’ latest policy guidance is a landmark development for international students and educational institutions in the U.S. It brings clarity and coherence to the regulations governing student visas, employment, and training opportunities. By consolidating existing policies and providing explicit guidance on key issues, USCIS is fostering a more transparent, navigable, and supportive environment for international students. As these students navigate their educational and professional journeys in the U.S., this guidance serves as a vital tool in ensuring their experiences are both enriching and compliant with the law.