International Students

ICE Reverses Course Again – International Students May Now Attend Online-Only Institutions in the U.S. During the Fall 2020 Semester

July 15, 2020

By Joanna L. Silver

As we reported last week, on July 6, 2020, U.S. Immigration and Customs Enforcement (ICE) announced that F-1 and M-1 nonimmigrant students attending schools operating entirely online were not permitted to remain in the U.S. and take a full online course load during the fall 2020 semester. As a result of this directive, students in the U.S. currently enrolled in entirely online schools and/or programs for the fall 2020 semester would have had to depart the U.S. or transfer to another institution with in-person instruction to remain in valid student status. Further, this modification would have applied: (i) where a school pivoted from in-person or hybrid instruction to online-only instruction mid-semester (like what occurred during the spring 2020 semester); and/or (ii) where a nonimmigrant student changed their course selections from a combination of in-person and online courses to online-only courses. 

Read More >> <p>ICE Reverses Course Again &ndash; International Students May Now Attend Online-Only Institutions in the U.S. During the Fall 2020 Semester</p>

ICE Reverses Course, Prohibits International Students from Attending Online-Only Institutions in the U.S. During the Fall 2020 Semester 

July 8, 2020

By Joanna L. Silver and Caroline M. Westover

As COVID-19 forced colleges and universities across the country to abruptly close their campuses and pivot to online-only instruction models for the remainder of the spring and the entire summer semesters, Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) instituted a welcome -- albeit temporary -- regulatory exemption permitting F and M students to take more online courses than allowed under the federal regulations in order to maintain a full course of study and their nonimmigrant status in the U.S. during the pandemic.

Read More >> <p>ICE Reverses Course, Prohibits International Students from Attending Online-Only Institutions in the U.S. During the Fall 2020 Semester&nbsp;</p>

“Accountability, Transparency, and Integrity” -- NACAC Amends Statement of Principles and Issues Guide for Use of International Student Recruitment Agencies

October 5, 2014

By Philip J. Zaccheo

Last September, during its 2013 National Conference, the National Association for College Admission Counseling (NACAC) approved a change to its Statement of Principles of Good Practice that would allow member colleges and universities to use commissioned agents to recruit students outside the United States.   As amended, the Statement admonished institutions using commissioned agents to “ensure accountability, transparency, and integrity” in their relationships. The amendments were set to become effective after a one-year moratorium during which NACAC was to determine their potential implications.  Over the last year, NACAC’s Admission Practices Committee and International Initiatives Advisory Committee produced a number of proposals for clarifying the concepts of “accountability, transparency, and integrity” for NACAC members.  During its National Conference in September, NACAC adopted additional changes via further amendments to the Statement. The amendments were published in NACAC’s 2014 Statement on October 4, 2014. Through these amendments, NACAC clarified the meaning of accountability by requiring member institutions to monitor, affirmatively, the conduct of commission-based agents acting on their behalf.  To ensure transparency, the amended Statement instructs members to use a “conspicuous statement on their website that indicates their institution uses agents who are compensated on a per capita basis.”  Finally, to ensure integrity, the amended Statement instructs members to deal “ethically and impartially with applicants and other stakeholders honoring commitments and acting in a manner that respects the trust and confidence placed in the institutions and the individuals representing them.” The amendments to the Statement of Principles are, of necessity, written at a high level.  To provide additional detail, on September 16, 2014, NACAC issued International Student Recruitment Agencies: A Guide for Schools, Colleges and Universities.  In addition to reiterating the concepts of accountability, transparency and integrity embodied in the amended Statement, the Guide provides a number of suggested best practices for contracting with commission-based recruiting agents.  These include:

  • Screening for conflicts of interest involving agents having relationships with institutional personnel
  • Requiring use of an institutional template agreement for agency relationships (the Guide contains an extensive list of recommended provisions for such agreements), rather than agents’ template contracts
  • Prohibiting agents from “double dipping” by charging students and/or parents in addition to receiving commissions from the institution, and requiring agents to disclose institutional compensation arrangements to students and parents
  • Posting information about agency relationships on institutional websites
  • Developing an “agency manual” establishing an institution’s requirements for its agents, and offering training for agency staff on those requirements
  • Continuously evaluating the campus impact of the use of commissioned agents