Status Quo guidance

For now, the agreement between the parties in the Harvard/M.I.T. case returns SEVP policy to the status quo as established by the following:

  1. March 9, 2020 policy directive, Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M Students. Provides guidance on potential procedural adaptations for F and M nonimmigrant students, including adaptations to online coursework policies.

  2. March 12, 2020 Optional Coronavirus School Reporting Template. Optional template for reporting school COVID-19 procedural changes to SEVP. The template states, “Schools are encouraged to provide additional details regarding their emergency operations plans beyond the questions detailed in this template.”

  3. March 13, 2020 scenarios. COVID-19: Guidance for SEVP Stakeholders. SEVP follow-up to its March 9, 2020 guidance, identifying three common scenarios related to emergency procedures implemented by SEVP-certified schools: 1) A school completely closes and does not have online courses or other alternate learning procedures; 2) A school temporarily stops in-person classes but implements online or other alternate learning procedures and the nonimmigrant student remains in the United States; and 3) A school temporarily stops in-person classes but implements online or other alternate learning procedures and the nonimmigrant student departs the United States.

  4. July 24, 2020 broadcast message. Broadcast Message 2007-02: Follow-up: ICE continues March guidance for fall school term. On July 24, 2020, SEVP posted a broadcast message to clarify certain aspects of applying the March 2020 "status quo" guidance in the context of the Fall 2020 term.

  5. August 7, 2020 FAQs. SEVP posted a revised set of COVID-19 FAQs dated August 7, 2020 at www.ice.gov/doclib/coronavirus/covid19faq.pdf, which merges its July 24 "Clarifying Questions" and its July 15 FAQs into a single document, revising some of the FAQs "to reflect the fall 2020 semester," and to archive and rescind certain FAQs that were "specific to the spring or summer semester."

  6. August 7, 2020 broadcast message. Broadcast Message 2008-01: New Process: Reporting School Procedural Adaptations to SEVP. SEVP changed the email address for submitting school COVID-19 operational plans and updates, as well as several other particulars regarding the process.

ICE’s master page of COVID-19 guidance contains links to the above SEVP COVID-19 guidance under “Nonimmigrant Students and SEVP-Certified Schools."

There are still gaps between the "status quo" policy and the Fall 2020 reality.


For research and reference only

Note: the documents linked below were rescinded on July 14, 2020, and no longer represent SEVP Fall 2020 policy. They are included below only for research and reference purposes.

Rescinded SEVP Fall 2020 guidance: On July 6, 2020 SEVP published Broadcast Message 2007-01 - COVID-19 and Fall 2020, which was later rescinded as a result of an agreement arising out of the lawsuit filed by Harvard and M.I.T. (July 14, 2020). Under the rescinded guidance, some flexibility would have continued for schools that adopt an in-person or hybrid model for Fall 2020, but would not have continued for students in the United States studying at schools operating entirely online for Fall 2020. In addition, by August 4, 2020 schools would have had to reissue all Forms I-20 after updating SEVIS with a statement in the Form I-20 Remarks field that "the school is not operating entirely online, that the student is not taking an entirely online course load for the fall 2020 semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program." Lastly, all schools would have had to update their operational plans by July 15, 2020 for schools that will be entirely online or will not reopen for Fall 2020 and by August 1, 2020 for schools that will offer an in-person or hybrid program for Fall 2020. On July 7, 2020, SEVP published a Fall 2020 FAQ document, which was also rescinded. Prior to this, on July 10, 2020, Dr. Esther Brimmer, NAFSA Executive Director and CEO, sent a letter to the Student and Exchange Visitor Program (SEVP) asking the agency to takes steps to revise the guidance immediately to once again allow continuing students within the United States to enroll in a full online course of study and to allow schools to maintain SEVIS records in Active status for all continuing students enrolled in online studies outside the United States, among other suggestions.

Also see NAFSA's Fall 2020 Guidance Litigation page.