The legal situation for international students and scholars who have had their student visas revoked and/or their Student and Exchange Visitor Information System (SEVIS) records terminated—and for those who are worried that may happen—continues to shift in unpredictable and confusing ways. Read below for some key things to know now.
- On April 28, a document was introduced as an exhibit in a litigation case challenging the legality of SEVIS record terminations (but not recent visa revocations) by a U.S. Department of Justice attorney. It is dated April 26 and labeled “for internal [Student and Exchange Visitor Program] use only.” The document cannot yet be regarded as U.S. Immigration and Customs Enforcement's (ICE) new official policy on SEVIS record terminations. Nor is it accurate to call it a SEVP broadcast message. Though it is formatted as such, it does not contain a broadcast message number and is addressed only to SEVP personnel.
- The SEVP document offers two new SEVP-initiated termination reasons: “Evidence of a Failure to Comply with the Terms of Nonimmigrant Status Exists” and “U.S. Department of State Visa Revocation (Effective Immediately)." In the case of the former, the reason for termination does not address whether the student's immigration status continues or is terminated when a SEVIS record is terminated.
- The government lawyers have not asserted in court that a SEVIS record termination results in a termination of nonimmigrant status. The termination does, however, make it impossible to receive the intended benefits of status, such as a change of educational level, authorization by the Designated School Official (DSO) for Curricular Practical Training, an application to United States Citizenship and Immigration Services (USCIS) for Optional Practical Training, or even a new I-20 for DSO signature to facilitate return to the U.S. after traveling abroad. A detailed interpretation of the language can be found on NAFSA's "Observations on Court Exhibit of SEVIS Policy on Termination of Records" web page.
- It remains very unclear whether every visa revocation resulted in a SEVIS record being terminated, but reports received by NAFSA indicate that probably most did. Far from every student with a terminated SEVIS record has reported receiving notice of a visa revocation. This may change, of course. The litigation challenges only SEVIS record terminations by ICE and not visa revocations by Department of State.
- The SEVP document does not address the Department of State's rationale for recent student visa revocations.
NAFSA is watching closely and waiting to see how the ongoing litigation may affect any forthcoming official policy. As ever, NAFSA strives to provide the community with updates on the various cases that are underway—the association benefits from the work of many skilled lawyers who assist in this effort. Check NAFSA's website and other communication channels regularly to stay abreast of the latest developments during this challenging time.