Key Takeaways:
- US Department of Homeland Security has attempted to revoke SEVP Certification (ability to enroll international students) for at least one prominent, high international student attended institution.
- US State Department has taken steps which may have the effect of narrowing work authorized opportunities for international students in the US.
Stakeholders within the Student (F-1 and M-1) and Exchange Visitor (J-1) visa program spaces are keenly aware of mounting pressures by the current Administration on these programs. Increased scrutiny on school and student compliance, expanded vetting in consular applications, and exacting review of status requirements are now very much the norm. Headlines relating to SEVIS terminations, visa cancellations, and attempted revocation of Harvard University’s SEVIS Certification are indeed having a chilling effect on the attractiveness and practicality of pursuing or continuing to pursue one’s higher education in the United States.
The recent, ongoing developments and their practical impact to universities, students, exchange visitors, and employers require careful navigation, and the Dentons Immigration Group remains committed to helping all stakeholders. With that in mind, we provide some updates and guidance on changes in this space:
- On May 27, 2025, the US State Department paused scheduling of visa appointments for F-1, M-1, and J-1 visa applicants while it implements expanded social media vetting as part of the application process. Those with existing, scheduled appointments will be allowed to attend, but should anticipate possible delays in visa issuance and possibly lengthy review periods for cases placed in administrative processing. The pause on new appointments will impact those needing to renew expiring visas and those seeking initial visas for the Fall 2025 academic term. Recall that the visa page in one’s passport is needed only for seeking admission to the US. Those presently in and planning to remain in the US with expired or expiring visa pages need not renew, but should carefully weigh the risk of visa processing delays and extended absences before committing to or making international travel.
- On May 22, 2025, the US Department of Homeland Security (DHS) issued Harvard University an SEVP Certification Revocation letter, purporting to decertify the university from eligibility to enroll international students, and sending a “warning shot” to other universities relating to their international student programs. Harvard University sought and was granted an injunction, leaving in place its program for now.
- On April 29, 2025, the US State Department updated the Foreign Affairs Manual (FAM) to include language to the effect that academic, vocational, and student exchange visitors seeking visas must intend to enter the US solely to pursue a full course of study. The intent to pursue a full course of study has always been part of the eligibility analysis, but the amendment may impact persons participating in so-called “Day 1 CPT programs” (which allow work authorization during the course of study) and those returning to the US during periods of Optional Practical Training (OPT) and STEM OPT. While the FAM is intended as guidance to Visa Officers considering visa applications, other government agencies (including Customs and Border Protection and US Citizenship and Immigration Services) can consider the guidance in determining admissibility (Customs) and requests for benefits (USCIS).
These actions present new and complicated challenges to students, institutions, and employers, and the Dentons Immigration Group stands ready to assist. Please contact any Dentons Immigration Group member if you have any questions or need support in any of these areas.
