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F-1 STUDENT VISA OR SEVIS REVOCATION AND INTERNATIONAL TRAVEL
In recent months, the new administration has initiated a significant crackdown on F-1 international students that has led to the revocation of F-1 visas by U.S. consulates and the termination of their SEVIS records. Over 4,700 international students had their SEVIS records terminated due to any contact with law enforcement, no matter how minor. Lawyers of the ACLU, AILA and many private lawyers and nonprofit organizations filed law suits in federal court and have continued to prevail on behalf of the students.
After continuous federal court rulings in favor of the students and against the administration’s policy, the administration announced a temporary halt to the policy of revoking visas and terminating SEVIS records based solely on entries in the National Crime Information Center database. U.S. Immigration and Customs Enforcement (ICE) that manages the SEVIS database has begun to reinstate affected students' SEVIS records. Students who have been affected should contact their DSOs to determine if their SEVIS records have been updated and reinstated.
Despite the reinstatement of their records, F-1 students should remain cautious and consider the risks of any international travel for several reasons:
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This recent reinstatement might be only temporary as the administration has indicated that it is being done to conduct research and develop clearer policies moving forward. This means that the administration might terminate SEVIS records in the future after developing policies that can hold up in court.
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If they were notified that their visas were revoked, they will likely need to apply for a new visa at the U.S. consulate before being able to return to the United States (unless they receive notification from the U.S. Consulate that their visa has been reinstated). These visa applications will likely receive increased scrutiny and could be denied.
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CBP at airports will be searching phones and electronics for any social media or other activity that is considered antisemitic. See here.
F-1 foreign students should be checking in regularly with their DSOs regarding their current status in SEVIS and consult with an immigration attorney before traveling abroad.
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REAL ID REQUIREMENT FOR DOMESTIC TRAVEL STARTS MAY 7TH
Starting on May 7, 2025, every person traveling by plane who is 18 years of age or older will need a REAL ID-compliant driver’s license or identification card, or an acceptable alternative form of identification, to fly domestically within the United States. Most REAL ID compliant driver’s licenses and IDs have a star on the upper portion of the card. People should check with their local DMV as to what is considered a REAL ID.
What is required to get a REAL ID at your local DMV? Most will require:
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proof of identity (valid and unexpired passport or certified copy of birth certificate),
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proof of social security number (social security card, recent W-2 or paystub),
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proof of address (two documents showing residence such as utility bill, lease or mortgage statement), and
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proof of lawful status (I-94 record, green card, passport).
What are alternatives to REAL ID documents? These include:
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U.S. passport or passport card;
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DHS Trusted Traveler Cards (i.e. Global Entry, NEXUS, SENTRI, FAST)
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U.S. Military ID
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Green card
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Border crossing card
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State-issued Enhanced Driver’s License
The REAL ID was enacted in 2005 after 9/11 but has been delayed several times to bring driver’s license requirements up to date. If you have any questions about obtaining a REAL ID, please consult with your local DMV.
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MAY 2025 VISA BULLETIN
The May 2025 visa bulletin can be found here.
USCIS is using the Dates of Filing chart for May, as they have for several months now. There are no changes in the priority dates from last month except for EB-3 India moves forward by 2 weeks and EB-5 India retrogresses by six months. Also, note that EB-4 remains unavailable.
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INTERNATIONAL TRAVEL FOR NONIMMIGRANTS AND GREEN CARD HOLDERS
There are a lot of questions these days about international travel and reentering the United States for people who hold nonimmigrant (e.g. H or L) visa status and lawful permanent residents (green card holders). We have posted alerts on our social media about this. Please see T&R Alerts regarding international travel for nonimmigrants and lawful permanent residents here.
Travel advice consultations: If you have questions or concerns about traveling internationally, T&R now has the ability to book a 15-20 minute “travel advice” consultation where we can review your particular concerns and help you prepare for international travel. You can book a travel consult here.
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UPCOMING WEBINAR: U.S. IMMIGRATION UPDATES FOR EMPLOYERS AND INTERNATIONAL PROFESSIONALS
We are excited to announce that Linda Rahal, Managing Shareholder of Trow & Rahal will be presenting a webinar on current U.S. immigration updates sponsorted by the Human Resource Biosciences Alliance of Maryland and Levin HR Consulting.
During this session, Linda will provide valuable insights on recent trends in U.S. immigration including F-1 student visa and SEVIS revocations and then reinstatement, travel warnings, compliance, and other key developments affecting employers and employees alike.
Click here for more details and to register at no cost!
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