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ARTICLE · 16 JULY 2020

Bar On Online-Only Nonimmigrant Students Faces Court Scrutiny

A lawsuit challenging the administration's policy has been settled, according to news reports. Littler will provide an additional update once a formal statement or court order is issued.

United StatesImmigration

Update: A lawsuit challenging the administration's policy has been settled, according to news reports. Littler will provide an additional update once a formal statement or court order is issued.

National universities and states across the country filed multiple federal lawsuits this week seeking to invalidate and enjoin implementation of the Student and Exchange Visitor Program's (SEVP)1 Fall 2020 COVID-19 Guidance, which ended flexibility on online learning alternatives for F-1 and M-1 nonimmigrant university students. SEVP's July 7, 2020 Directive eliminates prior pandemic-related leeway regarding the number of online credit hours a student may take and remain in lawful status during the fall semester. The normal regulatory maximum is one online class (three credit hours).2 This is an abrupt reversal of course from SEVP's earlier March 13, 2020 guidance, which had previously allowed F-1 students to remain in valid nonimmigrant status while utilizing online remote

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