Navigating Student Visas: Changes and Challenges

The landscape of student visas in the United States is undergoing significant change, posing challenges for students, universities, and businesses involved in the immigration process. We are closely monitoring these developments to provide informed guidance to our clients. This blog post explores recent changes, including enhanced vetting processes, SEVIS cancellations, and policy shifts targeting specific demographic groups.

Enhanced Vetting Processes – Harvard Pilot

Recent reports indicate that the Department of State (DOS) is implementing enhanced vetting measures for nonimmigrant visa applicants, with a particular focus on individuals traveling to Harvard University. This initiative, known as the Harvard Enhanced Vetting Pilot Program, aims to scrutinize all visa applicants (not only students) associated with the university. This pilot program may be expanded to other universities and categories over time.

The enhanced vetting process includes a comprehensive review of applicants’ online presence, including social media activity. The lack of an online presence or private social media accounts could raise red flags for consular officers, potentially leading to visa refusals under INA 214(b). Further details can be found in the original Politico report.

Targeting Chinese Students and Other Visa Applicants

On May 28, 2025, Secretary of State Marco Rubio announced new visa policies aimed at Chinese students, particularly those with ties to the Chinese Communist Party or those studying in so-called “critical fields.” The statement also announces an intent to “enhance scrutiny of all future visa applications from the People’s Republic of China and Hong Kong” (our emphasis). This shift is part of a broader strategy to scrutinize the visa applications of those from China and Hong Kong more closely, as reported by various news outlets. These measures, along with a new visa restriction policy targeting foreign nationals involved in censorship, have raised concerns about potential discrimination generally and its impact on academic collaboration more specifically.

Visa Appointments for F, M, and J Visa Holders

Politico reported that F, M, and J visa appointments are being limited while DOS expands and implements social media vetting processes. This directive has resulted in reduced appointment availability. Consequently, students may experience delays in visa processing due to administrative reviews, emphasizing the need for careful preparation and timely application submissions. Further guidance is expected soon.

Revocations of Student Visas

In light of past instances of student visa revocations, it is crucial for international students to remain vigilant and proactive in managing their visa status. Visa revocations can occur for a variety of reasons, including perceived discrepancies in the student's activities or failure to comply with visa conditions. Ordinarily, a visa revocation does not affect the student's underlying status; however, many recent student visa revocations have taken immediate effect rather than upon departure, rendering the student immediately removable from the United States.

This situation is developing and underscores the need for students to stay informed. Students should regularly communicate with their school's DSOs to ensure that their records are up to date and to seek guidance on maintaining compliance with visa regulations. Additionally, students should be aware that any official notification of a visa revocation will be sent to the email address provided on their DS-160 visa application form. It is essential to monitor this email account closely to promptly address any issues that may arise.

SEVIS Cancellations and Unemployment

Finally, an issue of continuing importance for international students is the effect of unemployment during Optional Practical Training (OPT) work authorization. Under current rules, students on F-1 visas may accrue a maximum of 90 days of unemployment during Post-Completion OPT or a maximum of 150 days of unemployment during combined Post-Completion OPT and STEM OPT. Exceeding this limit results in the automatic termination of the student’s SEVIS record, which can have severe implications for the student’s legal status in the United States.

A common related issue is a student’s failure to report employment to their Designated School Official (DSO). This oversight can result in the student's SEVIS record being inaccurately maintained, potentially leading to unintended revocations of legal status. Students must ensure timely and accurate reporting of their employment to avoid such complications. For more on SEVIS policies, visit the U.S. Immigration and Customs Enforcement website.

Disclaimer: This post is provided for information only.

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