New Policy Guidance for International Students.

The U.S. Citizenship and Immigration Services (USCIS) has recently issued comprehensive policy guidance pertaining to the F and M student nonimmigrant classifications. This includes the agency's role in evaluating applications for employment authorization, change of status. extension of stay, and reinstatement of status for these students and their dependents within the United States.

This guidance aims to consolidate existing policies, providing a clear framework for both international students and U.S. educational institutions. It covers a wide range of topics, offering insights into eligibility requirements. school transfers, practical training, and both on and off-campus employment

One notable clarification involves the requirement for F and M students to maintain a foreign residence that they do not intend to abandon. However, the guidance acknowledges that such students may still pursue permanent labor certification applications or immigrant visa petitions while demonstrating an intention to depart after a temporary period of stay. Furthermore, the guidance outlines specific provisions for F students seeking an extension of optional practical training (OPT) based on their STEM degree. Notably, it permits employment with startup companies, provided the employer adheres to training plan requirements, maintains good standing with E-Verify, and offers compensation on par with similarly situated U.S. workers, among other conditions.

The F-1 classificatim1 caters to noncitizens entering the U.S. as full-time students in various educational institutions. while the M-1 classification encompasses students in recognized nonacademic vocational programs.

For more information about the USCIS guidance, see the Policy Alert and Volume 2, Part F of the Policy Manual. For more information about the role of U.S. Immigration and Customs Enforcement (ICE) in administering these nonimmigrant student programs, see the Student and Exchange Visitor Program (SEVIS).