Chapter 7 - Absences From the United States
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]
A student enrolled in an ICE SEVP-certified school during a study abroad program may remain active in SEVIS if the study abroad program lasts less than 5 months.[6] If the program lasts longer than 5 months, then the student will need a new Form I-20 to be readmitted in student status.[7]
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.[8] 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:[9]
- 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.[10]
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.[11]
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.[12] 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.
[^ 7] See 8 CFR 214.2(f)(4).
[^ 8] See 8 CFR 214.2(f)(10)(ii)(E).
[^ 9] See 8 CFR 214.2(m)(4)(i).
[^ 10] See 8 CFR 212.1.