This update outlines a new US Department of State (DOS) process that may terminate F-1 visa holders’ Student and Exchange Visitor Information System (SEVIS) records or revoke visas, impacting their ability to stay or re-enter the US.
Update on F-1 Visa Revocations and SEVIS Terminations
The DOS has begun a process specific to foreign nationals on F-1 status that may result in an individual’s termination of their Student and Exchange Visitor Information System (SEVIS) record and/or revocation of the F-1 visa in their passport.
Although the DOS has not published specific criteria for revocation, it seems that SEVIS termination and F-1 visa revocation may occur if an F-1 status holder has:
- A past arrest for any reason,
- Any criminal charge, or
- Engaged in political, social media, or public behavior that the current US federal administration deemed concerning.
Higher education institutions are learning about impacted students through notifications that the SEVIS record has been terminated. Thus far, not every impacted individual on F-1 has received a notification from the DOS about their F-1 visa being revoked. Some affected individuals are finding that they have received an email from DOS stating that the F-1 visa in their passport has been revoked and that once they depart the US, they must present their passport to the US Consulate so their visa stamp can be canceled.
Does the impacted individual need to depart the US?
The F-1 visa in the passport is only required for re-entry to the US. A passport visa revocation alone does not revoke an individual’s F-1 status. However, in many cases, the SEVIS record is also terminated, which can immediately impact the individual in F-1.
When SEVIS is terminated, the impacted individual’s work authorization is terminated, and they may now be seen as “subject to removal,” meaning the student could be placed in deportation proceedings. When a person is “subject to removal,” this is a “status” that the Department of Homeland Security (DHS) is placing upon the impacted individual. In some cases, when an individual is deemed “subject to removal,” they receive a Notice to Appear (NTA) from DHS, which allows them to defend themselves in an immigration court. Before this court date, the individual can remain in the US pending their hearing. The path that will be created for the impacted individuals to defend themselves is unclear. Not everyone has received an official NTA from DHS, and no information has been issued by DHS requiring these individuals to depart the US immediately.
If the impacted individual weighs all their options and chooses to depart the US, it is essential to note that the affected individual will not be able to return to the US unless their F-1 visa in their passport is reinstated or they can obtain a new visa allowing for re-entry to the US Even after re-application for an F-1 visa from abroad, the US federal government can deny a request. The denial of an F-1 visa can also cause applications for other visa types to be rejected in the future.
What options does a person have whose SEVIS and/or F-1 visa has been revoked?
- If an individual weighs all their options and chooses to, they can depart the US. Individuals report that they have received communications from DHS encouraging them to do so, which is not the same as an official NTA notice.
- If the individual is currently enrolled in an academic program, chooses to stay in the US, and the school decides to maintain enrollment, they can continue to attend classes. At the same time, further details about the impact of the revocations come to light. A student’s SEVIS record and F-1 status are not always required to attend classes.
- The school can ask that SEVIS be reinstated based on what may be deemed a technical or unjustified termination.
This option is only available if the impacted person is actively enrolled in an educational program.- This option is only available if the impacted person is actively enrolled in an educational program.
- This option is not available for individuals post-graduation working on their Optional Practical Training (OPT) or Science, Technology, Engineering, and Mathematics (STEM) Employment Authorization Document (EAD).
- If you are not in removal proceedings, you may be able to challenge the SEVIS termination under the Administrative Procedure Act (APA).
- This would require that the impacted individual be provided with a method for appeal.
- To file a challenge to the US government, it is strongly encouraged to seek personal immigration counsel.
- If the impacted individual receives an NTA and is put into formal removal proceedings, they should be given the right to a hearing in immigration court. If detained, the individual can request a bond and argue that they have maintained a valid status.
- Under these circumstances, it is strongly encouraged to seek personal immigration counsel.
Please note: This is an evolving situation that is changing rapidly. The information above is based on what we know to date and may be altered based on additional action taken by the US government and legal action taken by those who choose to challenge the US government.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIP client, consult another qualified professional. This website does not create an attorney-client relationship with CIP.
