Clarification on Immigrant Intent and Employment Rules for F and M Nonimmigrant Students

Policy effect

Consolidated and updated Policy Manual guidance confirming that F and M students may maintain nonimmigrant intent while being the beneficiary of a permanent labor certification (PERM) or immigrant visa petition, provided they demonstrate intent to depart after a temporary stay, and clarified rules governing STEM OPT extensions and on/off-campus employment authorizations. Phase scope: Operative for all student status adjudications and applications filed on or after December 20, 2023.

Conditions and exceptions

Validated condition or limit: Consolidated and updated Policy Manual guidance confirming that F and M students may maintain nonimmigrant intent while being the beneficiary of a permanent labor certification (PERM) or immigrant visa petition, provided they demonstrate intent to depart after a temporary stay, and clarified rules governing STEM OPT extensions and on/off-campus employment authorizations.; Phase scope: Operative for all student status adjudications and applications filed on or after December 20, 2023.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 December 20, 2023 PA-2023-34 Policy Alert SUBJECT: Nonimmigrant Student Classifications Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the nonimmigrant student (F and M) classifications, including USCIS’ role in the adjudication of applications for employment authorization and change or reinstatement of status to F or M classifications. Background The F and M nonimmigrant categories are for noncitizens who wish to study in the … adjudicates applications for employment authorization, changes of status, extensions of stay, and reinstatement of status for F and M students and their dependents in the United States. This guidance, contained in Volume 2 of the Policy Manual, is effective immediately and applies prospectively to applications filed on or after December 20, 2023. Effective immediately, the guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Provides general information about the nonimmigrant student (F and M) classifications and explains USCIS’ role in adjudicating applications for employment authorization, changes of status, extension of stay, and reinstatement of status for F and M students and their dependents in the United States. 1 See INA 101(a)(15)(f). 2 See INA 101(a)(15)(m). See 22 CFR 41.61(b)(1). To provide feedback on this update, email USCIS at [email protected]. PA-2023-34: Nonimmigrant Student Classifications Page: 2 • Explains that F and M students must have a foreign residence that they have no intention of abandoning, but that F and M students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay. Summary of Changes Affected Section: Volume 2 > Part F, Students (F, M) • In Chapter 1 (Purpose and Background), adds content to previously reserved Section B (Background). • Adds new Chapters 2, 3, 4, 5, 7, 9, and an appendix. • Revises Chapter 6 (Employment) in its entirety. Affected Section: Volume 2 > Part F > Chapter 8, Change of Status • Retitles Chapter 8 from (Change of Status) to “Change of Status, Extension of Stay, Length of Stay.” • In Section A (General …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2023

• 2023-02-04Employment relief for Haitian F-1 students facing severe economic hardship
• 2023-03-04Yemen TPS redesignation expands eligibility
• 2023-03-06Expansion of Premium Processing to F-1 OPT and STEM OPT Extensions (Phase 1)
• 2023-03-16COVID-era asylum-interview interpreter modification extended through September 12, 2023
• 2023-04-11USCIS and State Department enhance Central American Minors Program
• 2023-05-11Circumvention of Lawful Pathways (Joint DHS/DOJ Final Rule)
• 2023-07-10Implementation of a family reunification parole process (FRP) for Salvadorans.
• 2023-08-01DHS authorizes optional remote Form I-9 document examination for E-Verify employers
• 2023-08-24CSPA "Sought to Acquire" Requirement Policy Clarification on Extraordinary Circumstance Excusal
• 2023-09-12Clarification of Evidentiary Evaluation for EB-1 Extraordinary Ability (E11) and Outstanding Professors/Researchers (E12)
• 2023-09-27Extension of Maximum Validity Period to 5 Years for Certain Employment Authorization Documents (EADs)
• 2023-10-05State Department reverts visa public charge regulations from 2019 IFR
• 2023-10-20Ukraine TPS redesignation expands eligibility
• 2023-11-16DHS implements Ecuadorian family reunification parole process
• 2023-11-21Afghanistan TPS redesignation expands eligibility