On May 10, 2018, USCIS announced a draft policy memorandum titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants.” F, J, and M nonimmigrant visas are for international students, scholars, and participants in international educational/cultural exchange programs (including interns and trainees). The draft policy is slated to become final and effective on August 9, 2018.
In the draft policy, USCIS announced a dramatic change to the treatment of “status violations” by individuals in the U.S. on F, J, and M visas. A status violation is any failure to meet a term or condition of the visa, including unknowing and unintentional technical violations (e.g., lowering one’s course load below a certain number of credit hours, engaging in casual work, accruing too many days of non-work after school completion, etc.).