Lori Meadows
International students on an F or J visa must adhere to federal requirements to maintain their legal immigration status in the US. A terminated record in the Student and Exchange Visitor Information System (SEVIS) could indicate that the nonimmigrant no longer maintains F or M status. While designated school officials (DSOs) typically terminate F-1/M-1 students and/or F-2/M-2 dependents who do not maintain their status, termination can also occur for administrative reasons. Termination of SEVIS records has raised concerns about freedom of speech and due process violations, with lawsuits filed by students and advocacy organizations. The US government has broad discretion to revoke a student visa, but it cannot unilaterally terminate a student's SEVIS record without sufficient legal justification. This complex issue has led to litigation and temporary restraining orders against the government.
| Characteristics | Values |
|---|---|
| Who can terminate a student's SEVIS record? | Designated School Officials (DSOs), Immigration and Customs Enforcement (ICE), the Department of Homeland Security (DHS), and the Student and Exchange Visitor Program (SEVP) |
| Reasons for termination | Failing to enrol in a full course load, withdrawing from the program, transferring without proper procedure, failing to maintain immigration status, visa revocation, criminal activity, etc. |
| Consequences of termination | Loss of F-1 status, invalid I-20 form, ineligibility for on-campus employment, practical training, travel signature, or other F-1 benefits, possible arrest, detention, or deportation |
| Options after termination | Travel and re-entry, reinstatement (with conditions), new immigration documents |
| Notification of termination | No legal requirement to notify students or universities |
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What You'll Learn
- SEVIS record terminations and their implications for international students
- Reasons for termination of a student's SEVIS record
- The role of Designated School Officials (DSOs) in SEVIS record terminations
- Reinstatement options for students with terminated SEVIS records
- The impact of a terminated SEVIS record on travel and re-entry into the US
SEVIS record terminations and their implications for international students
SEVIS, or the Student and Exchange Visitor Information System, is a US government database that tracks international students and scholars with F-1, M-1, F-2, M-2, and J-1 visa status. SEVIS records are typically terminated when a nonimmigrant student no longer maintains their F, M, or J status. This could be due to a change in the student's status or a violation of their status.
Designated school officials (DSOs) are usually responsible for terminating student records. However, the US Department of Homeland Security (DHS) has recently invoked its authority to terminate student SEVIS records independently. Termination of a SEVIS record by DHS ends the student's lawful status in the US.
The termination of a SEVIS record has several implications for international students:
- Loss of employment authorization: Students on post-completion practical training (such as OPT or STEM OPT) will lose their work authorization.
- Inability to re-enter the US: Students with a terminated SEVIS record cannot re-enter the US on that record and may be investigated by Immigration and Customs Enforcement (ICE) agents to confirm their departure.
- Ineligibility for F-1 benefits: F-1 students will lose their F-1 status, their I-20 form will no longer be valid, and they will no longer be eligible for on-campus employment, practical training, travel signature, or any other F-1 benefits.
- Departure from the US: In most cases, students with a terminated SEVIS record must make plans to immediately depart the US. Failure to do so could result in arrest, detention, or deportation.
It is important to note that students can take steps to regain their status after a SEVIS record termination. Two common options are Travel and Re-entry or Reinstatement. Students should discuss these options with an International Student Advisor or an immigration attorney to determine the best course of action for their specific situation.
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Reasons for termination of a student's SEVIS record
SEVIS, the Student and Exchange Visitor Information System, is a tool used by the US Department of Homeland Security to track and monitor international students and exchange visitors. A terminated record in SEVIS indicates that the student no longer maintains their F or M status. Here are some reasons why a student's SEVIS record may be terminated:
- Failure to Maintain Status: This is a common reason for SEVIS record termination. F-1 and M-1 students must maintain their immigration status by complying with certain requirements, such as enrolling in a full course load, making academic progress, and not engaging in unauthorized employment. If a student fails to maintain their status, their SEVIS record may be terminated.
- Visa Revocation: If a student's visa is revoked by the U.S. Department of State, their SEVIS record will be terminated immediately. This is considered a significant reason for termination.
- Administrative Reasons: Designated School Officials (DSOs) can terminate SEVIS records for various administrative reasons. For example, if a student transfers to another school or completes their program, their SEVIS record at the previous school may be terminated.
- Employment Authorization: If a student loses their on-campus or off-campus employment authorization, it can lead to the termination of their SEVIS record. This is because employment is often a crucial component of maintaining student status.
- OPT STEM Extension: Students on the Optional Practical Training (OPT) STEM extension will have their SEVIS record automatically terminated if they exceed 150 days without employment. This rule specifically applies to students on the 24-month STEM OPT extension.
- Early Withdrawal or Extended Absence: SEVIS records may be terminated if a student withdraws from their program early or takes an extended absence of more than five months. However, this termination reason can be corrected if the student provides a valid justification.
It is important to note that the termination of a SEVIS record can have significant consequences for international students, including the loss of F-1 benefits, employment authorization, and the ability to re-enter the United States. In some cases, failure to depart the U.S. after a status violation could result in arrest, detention, or deportation. Therefore, it is crucial for international students to maintain their status and promptly address any issues that may lead to a SEVIS record termination.
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The role of Designated School Officials (DSOs) in SEVIS record terminations
Designated School Officials (DSOs) play a crucial role in SEVIS record terminations for nonimmigrant students in F and M visa categories. DSOs are responsible for updating and maintaining SEVIS records, and in most cases, they terminate F-1/M-1 students and/or F-2/M-2 dependents who fail to maintain their status.
Federal laws and regulations mandate that DSOs update and maintain student records in SEVIS. DSOs must comply with reporting responsibilities and take necessary actions within the legal time limits. If a DSO fails to meet these deadlines, SEVIS will automatically update the student records. Each campus or physical location must have a Principal Designated School Official (PDSO) who acts as the main point of contact for SEVP certification-related issues. The president, owner, or head of a school nominates DSOs by signing Form I-17A, which certifies the nominee's familiarity with relevant regulations.
DSOs terminate records for several reasons, including administrative and normal reasons. For example, a DSO may terminate an F-2 or M-2 dependent's record independently of their primary F-1 or M-1 student. Additionally, DSOs can terminate records if students lose their on-and-off-campus employment authorization or if they cannot re-enter the United States on the terminated SEVIS record. In such cases, Immigration and Customs Enforcement (ICE) agents may investigate to confirm the student's departure.
It is important to note that termination is not always negative. In some cases, students may violate their status and seek reinstatement without leaving the United States. An International Student Advisor or DSO will guide students through the reinstatement process, providing a list of required documents. Students who choose to travel and re-enter are considered initial status students and must complete one academic year before becoming eligible for off-campus employment.
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Reinstatement options for students with terminated SEVIS records
Students with terminated SEVIS records can apply for reinstatement within five months of the SEVIS termination date. This is not a grace period to stay in the US, but rather a deadline for filing Form I-539 (Application to Extend/Change Nonimmigrant Status).
The reinstatement process in SEVIS is simple, but it can take USCIS some time to adjudicate. A student can file for reinstatement at any time, but it is harder if more than five months have passed since the record was terminated. If the student applies within the first five months, they must explain:
- Why the record was terminated
- Why they could not file within the first five months
- How they plan to maintain F-1 or M-1 status
Additionally, the applicant must not have a record of repeated or willful violations of USCIS regulations. The violation of status must have been due to circumstances beyond the student's control, or the violation relates to a reduction in the student's course load that would have been within a DSO's power to authorize, and failure to approve the reinstatement would result in extreme hardship for the student.
Students who choose travel and re-entry are also considered initial status students and must complete one academic year before they are eligible to apply for off-campus employment. However, travel and re-entry can be a quick process, depending on the availability of flights and visa appointments.
It is important to note that termination of a SEVIS record is not always negative. DSOs can terminate records for several normal, administrative reasons.
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The impact of a terminated SEVIS record on travel and re-entry into the US
The Student and Exchange Visitor Information System (SEVIS) is a US government database that tracks international students and scholars with F-1 and J-1 visa status. A terminated SEVIS record indicates that the nonimmigrant no longer maintains F or M status and can result in the loss of various benefits, including on- and off-campus employment authorisation.
Upon learning of their terminated SEVIS record, individuals should consult legal counsel to understand their options. While each case is unique, there are generally two paths to regaining valid status: Travel and Re-entry or Reinstatement.
The Travel and Re-entry option involves applying for a new F-1 visa. This process can be lengthy and may result in rejection. However, some individuals have reported being able to travel with their old visa, although this is not guaranteed and relies on the discretion of the Customs and Border Protection (CBP) officer upon entry. It is important to note that a new SEVIS record will require paying the I-901 SEVIS fee again.
The Reinstatement option involves requesting reinstatement from the US Citizenship and Immigration Services (USCIS). This path may be suitable if the failure to maintain status was due to circumstances beyond the student's control or related to a reduction in course load that a Designated School Official (DSO) could have authorised. However, reinstatement applications can be complex, and it is recommended to consult with an immigration attorney and an International Student Advisor before proceeding.
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Frequently asked questions
Designated School Officials (DSOs) are the primary administrators of a student's SEVIS record and can terminate a record if the student fails to enroll or drops below a full course load without prior approval. Federal immigration authorities, such as ICE or CBP, can also directly terminate a SEVIS record, particularly if the student is arrested or detained, or if their visa is revoked.
A terminated SEVIS record means that the student's F-1 status has ended, their I-20 is no longer valid, and they are not eligible for on-campus employment, practical training, or any other F-1 benefits. The student must make plans to immediately depart the U.S., as failure to do so could result in arrest, detention, or deportation.
Yes, an international student may have their F-1 status terminated in SEVIS without notice to them or their university.
If a student's SEVIS record has been terminated, they may qualify for reinstatement and should seek advice from an immigration lawyer or international student advisor. The student must meet certain criteria to be eligible for reinstatement, including demonstrating that the violation of status was due to circumstances beyond their control.
Yes, an Authorized Early Withdrawal is a type of termination that occurs when a student decides to take a leave of absence from their degree program. This type of termination does not indicate a violation of status but rather that the student is voluntarily ending their status and departing the country.
