State Department provides guidance on visa issuance for international students

The U.S. State Department provided guidance last month reminding international students they can only enter the country 30 days before their program start date.

Key Points:

• International students can only enter the United States 30 days before the program start date listed on their Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. Before traveling to the United States, foreign students should:
  • Have an active I-901 Student and Exchange Visitor Information System Fee payment on the Form I-20 that they are traveling under.
  • Ensure the name of the school on their Form I-20 is the same name of the school on their visa.
  • Keep their financial information up to date in SEVIS.
  • Not attempt to enter the country more than 30 days before their program start date.
• International students who try to enter the United States more than 30 days before their program start date can be found inadmissible by U.S. Customs and Border Protection.

Additional Information: In February 2023, the State Department provided guidance that consular officers can now issue an F or M student visa up to 365 days in advance of an international student’s program start date. The new guidance does not change the requirement for issuing Forms I-20 in SEVIS, paying the I-901 SEVIS Fee or seeking admission to the United States.

BAL Analysis: Even though consular officers can now issue F and M student visas up to a year in advance of a student’s program start date, foreign students should not attempt to enter the United States more than 30 days before their program start date.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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