Chapter 7 - Absences From the United States

us-uscis-policy-manual-volume-2-part-f-chapter-7Chapter 7 - Absences From the United StatesGuidance

A. F-1 Students

An F-1 student returning to the United States from a temporary absence of 5 months or less may be readmitted for attendance at an educational institution certified by U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) if the F-1 student presents:

  • A current Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) properly endorsed by the Designated School Official (DSO) for reentry if there has been no substantive change to the most recent Form I-20 information;[1] or
  • An updated Form I-20 if there has been a substantive change in the information on the F-1 student’s most recent Form I-20, such as in the case of an F-1 student who has changed the major area of study, who intends to transfer to another SEVP-certified institution, or who has advanced to a higher level of study;[2] and
  • A valid F nonimmigrant visa, unless otherwise exempt.[3]

If an F-1 student leaves the United States for more than 5 months and is not able to remain enrolled at the student’s ICE SEVP-certified school, the student will not be able to maintain student status.[4] To resume the program of study in the United States, the student will need to seek readmission in initial status, which includes obtaining a new Form I-20.[5]

For information about requirements for F-1 student participation in study abroad programs, see DHS’s Study in the States webpage.

Time spent outside of the United States does not extend the period of authorized Optional Practical Training (OPT). Time spent overseas counts towards the F-1 student’s aggregate maximum allowed period of unemployment.[6] An F-1 student currently approved for OPT may re-enter the United States to engage in OPT if the student has a current visa (if applicable), a Form I-20 endorsed for travel by the student’s DSO within the last 6 months, and an unexpired Employment Authorization Document (Form I-765).

B. M-1 Students

An M-1 student returning to the United States from a temporary absence to attend the school that the student was previously authorized to attend must present:[7]

  • A properly endorsed Form I-20 if there has been no substantive change in the information on the student’s most recent Form I-20 since the form was initially issued; or
  • A new Form I-20 if there has been any substantive change in the information on the student’s most recent Form I-20 since the form was initially issued; and
  • A valid M nonimmigrant visa, unless otherwise exempt.[8]

If USCIS has authorized an M-1 student to transfer between schools and the student is returning to the United States from a temporary absence to attend the school to which the transfer was authorized as indicated on the student’s Form I-20, the name of the transfer-in school does not need to be specified in the student’s visa.[9]

If USCIS has authorized an M-1 student to engage in practical training and the student is returning to the United States from a temporary absence, the M-1 student may be readmitted for the remainder of the authorized period indicated on the student's Form I–20. The student must be returning to the United States to perform the authorized practical training.

An M-1 student may not be admitted to begin practical training that was not authorized before the student’s departure.[10] As a result, if an M-1 student departs the United States while an Application for Employment Authorization (Form I-765) is pending, USCIS denies the Form I-765.

Footnotes


[^ 1] See 8 CFR 214.2(f)(4).

[^ 2] See 8 CFR 214.2(f)(4).

[^ 3] See 8 CFR 212.1. 

[^ 6] See 8 CFR 214.2(f)(10)(ii)(E).

[^ 7] See 8 CFR 214.2(m)(4)(i).

[^ 8] See 8 CFR 212.1.

[^ 9] See 8 CFR 214.2(m)(4)(ii).

[^ 10] See 8 CFR 214.2(m)(14)(iv). 

Resources

Legal Authorities

22 CFR 41.61 Students - academic and nonacademic

8 CFR 214.1(c)(5) - Decision on application for extension or change of status

8 CFR 214.13 - SEVIS fee for certain F, J, and M nonimmigrants

8 CFR 214.2(f) - Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs

8 CFR 214.2(m) - Students in established vocational or other recognized nonacademic institutions, other than in language training programs

8 CFR 214.2(q)(5)(ii) - Petition for multiple participants

8 CFR 214.3 - Approval of schools for enrollment of F and M nonimmigrants

8 CFR 274a.12(c) - Aliens who must apply for employment authorization

INA 101(a)(15)(F) - Academic student definition

INA 101(a)(15)(M) - Vocational student definition

INA 214(c) - Admission of nonimmigrants

INA 214(m) - Nonimmigrant elementary and secondary school students

INA 248, 8 CFR 248 - Change of nonimmigrant classification

Appendices

Appendix: Comparison Chart for F and M Students
Visa Categories Snapshot
Requirement

F-1

M-1

Acceptance at a U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified schoolRequiredRequired
Bona fide student pursuing full course of studyRequiredRequired
Sufficient fundsMust have sufficient funds that are or will be available to successfully study without resorting to unauthorized employment in the United States for financial supportMust have immediately available funds or assurances of support necessary to pay all tuition and living costs for the entire period of intended stay
Full-time studyRequired, unless Designated School Official (DSO) or the Secretary of Homeland Security (in a Federal Register notice) authorizes a reduced course loadRequired, unless DSO authorizes a reduced course load for medical reasons
Public schoolsNo study permitted at a public school for kindergarten through grade eight. Study is only permitted at an U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified public high school (grades nine through 12) and is limited to 12 months. The student must demonstrate that they have paid the unsubsidized cost of the education to the educational agency.No study permitted at a public school for kindergarten through grade eight
School transfersAllowed, DSO must record in Student and Exchange Visitor Information System (SEVIS)Allowed if it is less than 6 months into program of study and student cannot remain at present school due to circumstances beyond their control. USCIS must authorize. Student cannot change educational objective.
Curricular Practical TrainingAllowed, DSO must authorizeNot applicable
Optional Practical Training (OPT) (pre-completion)Allowed, if student has been enrolled for 1 full academic year. Must be directly related to the student’s major area of study. Cannot be full-time while school is in session. DSO must endorse, and USCIS must approve and issue employment authorization document (EAD) prior to the student starting OPT.Not applicable
OPT (post-completion)Allowed, must be directly related to the student’s major area of study. Requires DSO endorsement, approval by USCIS, and issuance of EADNot applicable
Science, Technology, Engineering, and Mathematics (STEM) OPT ExtensionAllowed, must have a bachelor’s degree, master’s degree, or doctorate degree that is on the  STEM Designated Degree Program List (PDF); receive DSO endorsement; and receive USCIS approval to qualify for a 24-month OPT extensionNot applicable
Practical TrainingNot applicableAllowed after completion of the student’s course of study. Must be related to the student’s course of study, and employment comparable to the proposed employment is not available to the student in the country of the student’s foreign residence. Requires approval by USCIS and issuance of EAD.
Maximum StayDuration of status1 year, plus extensions not to exceed 3 years
Program ExtensionAllowed, if the student has continually maintained F-1 status, the need is caused by a compelling academic or medical reason, and the student applies to the student’s DSO for the extension before the student’s Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) expiresAllowed, the maximum cumulative time of extensions is 3 years from original start date. M-1s must apply for an extension beyond the end date of their Arrival/Departure Record (Form I-94) by filing an Application to Extend/Change Nonimmigrant Status (Form I-539) with USCIS
Family membersSpouses and unmarried children under the age of 21 are eligible for the F-2 visa classificationSpouses and unmarried children under the age of 21 are eligible for the M-2 visa classification

Updates

Technical Update - Replacing the Term "Noncitizen"

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

Technical Update - Study Abroad Programs for F-1 Students

This technical update to Volume 2, Nonimmigrants, directs readers to the DHS Study in the States webpage for more information about requirements for F-1 student participation in study abroad programs and makes other minor technical corrections, including to regulatory citations.

POLICY ALERT - Science, Technology, Engineering, and Mathematics Optional Practical Training

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) for Science, Technology, Engineering, and Mathematics (STEM) fields; as well as clarifying guidance concerning online study, school transfers, the grace period, and study abroad.

Read More
POLICY ALERT - Nonimmigrant Student Classifications

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.

Read More
Technical Update - Replacing the Term “Alien”

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.

Read More
Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

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