Key Takeaways
• SEVIS termination results in loss of legal status, work authorization, and dependent visa rights for international students.
• Key termination causes include unauthorized work, reduced course load, or failure to report changes during OPT.
• Reinstatement or re-entry with a new SEVIS record are options to recover status after termination.
For international students studying in the United States 🇺🇸, staying compliant with immigration rules is essential to continuing their educational journey. An important part of this system is the Student and Exchange Visitor Information System (SEVIS), managed by the U.S. Department of Homeland Security. SEVIS helps track international students on F and M visas, ensuring they follow visa conditions. However, when a student’s SEVIS record is terminated, it brings serious consequences. Termination can interrupt studies, derail future career plans, and create financial stress. Below, we will cover what SEVIS termination means, why it happens, steps affected students can take, and options available to resolve the issue.
What SEVIS Termination Means and Its Immediate Impact
When SEVIS termination occurs, it means that an F-1 or M-1 student has violated the terms of their visa, resulting in the loss of lawful status in the United States. It is important to understand what this status loss entails:
- Loss of Legal Status
Students are no longer authorized to stay in the U.S. and risk being unlawfully present. No Work Authorization
Any work authorization, such as on-campus jobs, Curricular Practical Training (CPT), or post-graduation Optional Practical Training (OPT), ceases immediately.No U.S. Re-entry Using the Same SEVIS Record
Students cannot re-enter the U.S. on a terminated SEVIS record, even if they have a visa that is still valid.Impact on Dependent Status
Dependents on F-2 or M-2 visas linked to the student might also lose their legal status.
Often, students only learn of the termination when informed by their Designated School Official (DSO), making quick action critical to resolving the situation.
Why SEVIS Records Get Terminated
Understanding the reasons for termination helps students avoid such pitfalls. Common causes include:
- Failure to Enroll in or Maintain Full-Time Study: Students must remain enrolled full-time unless a DSO approves exceptions.
- Unauthorized Employment: Any work outside authorized rules is a violation.
- Dropping Below Required Course Load: Reducing course credits below the required amount without approval can lead to termination.
- Academic Dismissal or Suspension: If a student is expelled or suspended, their SEVIS record is terminated automatically.
- Excessive Absence from the U.S.: Being outside the U.S. for more than five months without approval causes termination.
- Not Reporting Changes during OPT: Failing to update employer or address details while on OPT is a common violation.
By remaining aware of these rules and staying in communication with their DSO, students can reduce their risk of termination.
Steps to Take Following SEVIS Termination
Once a SEVIS record is terminated, there are specific steps students can take to address their status issues, depending on their circumstances.
1. Immediate Contact with the DSO
The first and most important step is to contact the DSO at your institution. The DSO can explain the reason for termination and provide tailored advice on possible solutions, such as reinstatement or departure from the U.S.
2. Seek Reinstatement of Status
Reinstatement is one option for students to regain their SEVIS record without leaving the U.S. However, approval isn’t guaranteed, and strict conditions apply:
- The violation must not result from deliberate misconduct or repeated violations.
- Students must show that the violation happened due to things outside their control, such as illness or lack of proper guidance.
- The student must continue or plan to continue a full-time course of study.
The reinstatement process involves several steps:
– Request a new Form I-20 from the DSO with a recommendation for reinstatement.
– File Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS).
– Attach a personal statement explaining the violation.
– Include any supporting evidence, such as medical records if applicable.
Additionally, the I-901 SEVIS Fee must be paid if the out-of-status period exceeds five months. Though reinstatement offers a path to return to normal status, it is complex, and students should work closely with their DSO.
3. Exit the U.S. and Re-enter with a New SEVIS Record
If reinstatement is unlikely or not possible, consider leaving the U.S. and re-entering with a brand-new SEVIS record. This option involves:
- Getting a new Form I-20 from your DSO with a new SEVIS ID.
- Paying the I-901 SEVIS Fee again for the new record.
- Confirming whether a new visa application is needed. Although an existing valid visa might suffice, a student should consult their DSO or a U.S. embassy/consulate for guidance.
Upon returning, students can resume studies, but maintaining compliance with the rules is critical to avoid further issues.
Time Restrictions and Legal Matters to Keep in Mind
Resolving SEVIS termination is time-sensitive, and students should act quickly. Some key considerations include:
Grace Periods
The availability of a grace period depends on the situation:
– Students with unauthorized violations, like failing to maintain full-time enrollment, typically have no grace period.
– If the termination results from authorized withdrawal, an F-1 holder might have up to 15 days to leave the U.S., while M-1 holders receive no leeway.
Five-Month Rule
If a student has been out of status for over five months, reinstatement becomes harder. In many scenarios, obtaining a new SEVIS record and visa application becomes the only viable option. The I-901 SEVIS Fee must also be paid again.
Practical and Long-Term Effects of SEVIS Termination
The termination of a SEVIS record often carries broader repercussions beyond the immediate impact:
- Disrupted Education
A terminated record may interrupt studies, delay graduation, or cause students to repeat courses. This adds stress and often comes with financial consequences. Additional Financial Costs
Expenses related to reinstatement fees, tuition for extended semesters, and travel costs for leaving and re-entering the U.S. can quickly add up.Visa and Immigration Challenges
A terminated record can raise red flags in future visa applications, signaling non-compliance. This may prompt more extensive scrutiny from U.S. and other countries’ visa officers.Lost Work Opportunities
Interruptions in status may result in canceled work opportunities, such as OPT or internships, thereby hindering professional growth.
Support and Additional Resources
International students facing SEVIS termination should immediately seek assistance from their DSO and qualified immigration professionals. Reliable sources like U.S. Citizenship and Immigration Services (USCIS) and school counseling services can provide further guidance. As highlighted by VisaVerge.com, addressing SEVIS termination as soon as possible is vital to safeguarding academic and professional objectives. Prompt action and informed decision-making serve as the foundation for resolving these challenges and continuing educational pursuits in the U.S.
By understanding the causes of SEVIS termination and taking appropriate action, international students can regain control of their situation. While the process may be daunting, the availability of reinstatement or re-entry options ensures that students can find a way forward, turning setbacks into a chance for a fresh start.
Learn Today
SEVIS → The Student and Exchange Visitor Information System that monitors visa compliance for international students in the U.S.
DSO → Designated School Official responsible for assisting international students with visa-related regulations and SEVIS compliance.
F-1 Visa → A visa type for international students pursuing academic programs in the United States.
Reinstatement → The process of regaining valid visa status after violating rules without leaving the United States.
I-901 SEVIS Fee → Mandatory payment to reactivate or register a new SEVIS record for international students.
This Article in a Nutshell
SEVIS termination can disrupt the academic and professional lives of international students in the U.S. Violations like unauthorized work or failing to maintain full-time enrollment are common causes. Students can address this issue through reinstatement or re-entry with a new record. Acting quickly with guidance from a DSO is essential to resolve status issues.
— By VisaVerge.com
Read more:
• Grace Period Clarified for SEVIS Termination During OPT Program
• What to Do When Your SEVIS is Terminated: DSO SEVIS Termination Help
• Can a SEVIS ‘NO SHOW’ affect my work visa application?
• Can Working Full-Time on F-1 OPT Affect Your H-1B Visa Chances
• Nearly 200 GE Workers Receive Notices to Leave U.S. as Visa Program Ends
