New U.S. Visa Policy Affects International Students


F-1 student visa

Updates to regulation 8 CFR 103.2(b)(8) will take effect on September 11, 2018, but what exactly is this regulation? In short, this is the regulation that determines the criteria for USCIS to issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if you do not provide all the necessary visa information up front. In addition, the new policy memo gives the USCIS adjudicator “full discretion to deny applications, petitions, or requests” without requesting additional evidence.

This means that it is important to get your visa application right the first time, and to include all of the necessary information and documents upon filing.

How Will the New Visa Policy Affect International Students?

For F-1 student visa applicants and visa holders, the policy could have an impact at the initial visa interview. You could also be affected you if you are applying for:

  • Work authorization based on economic hardship: If you are experiencing extreme economic hardship, you may apply to USCIS for authorization to work off campus.
  • Reinstatement: If you allow your F-1 visa to become out-of-status, then you must apply for reinstatement to regain valid status.