F-1 Five-Month Temporary Absence Rule

(This does NOT apply to J-1 visa holders)

Updated 12/11/2024

Under U.S. Department of Homeland Security (USDHS) regulations, a student in F-1 status is considered to be maintaining status without interruption as long as the student returns “to the United States from a temporary absence of five months or less…”  [8 CFR 214.2(f)(4)]   USDHS has recognized an exception to this rule for students pursuing a full course of study while engaged in-person at an authorized program of study abroad, as long as the student is physically at the college/university abroad and is considered part of the student’s U.S. degree program.

Therefore, to maintain uninterrupted F-1 status, a student would need be sure they are not outside the U.S. for a continuous period of 5 months or longer while pursuing their degree program. 

On November 26, 2024, U.S. Citizenship and Immigration Services (USCIS) published updated guidance on when an F-1 student is subject to the 5-month temporary absence rule, which was verified by the U.S. Department of Homeland Security (USDHS) on its Study In the States website:

“If an F-1 student leaves the United States for more than 5 months and is not able to remain enrolled at the student’s ICE SEVP-certified school, the student will not be able to maintain student status.^[4]” [USCIS Policy Manual, Chapter 7 – Absences from the United States]

“If you leave the United States for more than five months and are not able to remain enrolled at your U.S., SEVP-certified school, you will not be able to maintain your student status. To resume your studies in the United States, you will need to seek readmission in initial status, which includes obtaining a new Form I-20 and paying the I-901 SEVIS fee again. To seek readmission, please speak with your designated school official.” [USDHS Study In The States]

Under the updated guidance, students who (1) remain enrolled as full-time students at their U.S. university while participating in the activity abroad, and (2) are returning to the U.S. to continue in the degree program in which they were enrolled prior to departure, will NOT be subject to the F-1 Five-Month Temporary Absence Rule. 

Therefore, students who (1) go abroad to participate in the following activities, and (2) remain enrolled full-time at MIT in their degree program for each term abroad, and (3) would return to MIT after the activity abroad for the same degree program, would NOT be subject to the F-1 Five Month Temporary Absence Rule:
*Study abroad classroom coursework at a university abroad that will count towards their MIT degree program.
*Participation in an internship/externship abroad that is part of their MIT academic program (for MIT credit or academic requirement).
*Graduate student thesis research/fieldwork abroad.

Activities that are not a component of a student’s MIT academic program, or occur during a period when a student is not maintaining their full-time student enrollment at MIT, ARE SUBJECT to the 5-Month Temporary Absence Rule and the student may not be outside the U.S. for more than 5 consecutive months from the date of departure from the U.S. without impacting their F-1 status. 

The major impact of an interruption in F-1 status is on eligibility for off-campus employment authorization.  Following the absence of longer than 5 consecutive months, upon a new entry to the U.S. in F-1 student status, a student would need to be enrolled full-time for a new “one full academic year” (a combination of a Fall + Spring semester) before they would regain eligibility for F-1 Optional Practical Training (OPT) and, in most cases, F-1 Curricular Practical Training.  See guidance below about steps should a student be outside the U.S. longer than 5 consecutive months. 

If you have any questions, please do not hesitate to contact your ISO Advisor. 

Alumni on an authorized period of F-1 Post-Completion Optional Practical Training (OPT) or F-1 STEM OPT Extension
Alumni on an authorized period of F-1 Post-Completion Optional Practical Training (OPT) or F-1 STEM OPT Extension authorization ARE SUBJECT to the 5-Month Temporary Absence Rule as they have already completed their degree program and are no longer enrolled for coursework at MIT. Alumni on Post-Completion OPT/STEM OPT Extension should be sure not to be outside the U.S. for a period of 5 consecutive months or longer or it would void the OPT or STEM OPT authorization (even with a valid EAD card issued for this authorization). 

What if I am unable to return to the U.S. within the 5 months from departure?
If a student is subject to the 5-month rule and is unable to return to the U.S. within the 5-month period, it does not mean that the student cannot continue remote study from abroad.  It does mean there would be a break/interruption in their F-1 student visa status which can impact timing of eligibility for off-campus employment authorization (F-1 Curricular Practical Training or F-1 Optional Practical Training). 

For students returning the U.S. beyond 5 months of absence, the following would need to occur:

• MIT ISO would need to terminate the student’s current SEVIS record for reason of “Absent from country for five months”;
• Student works with the MIT ISO to, when planning return to the U.S. to resume in-person full-time student status, create a new SEVIS record (which creates a new SEVIS ID number) and a new Form I-20 for “Initial Attendance”;
• Student will be required to pay a new SEVIS I-901 Fee for the new SEVIS Record/SEVIS ID Number;
• After the student re-enters the U.S., the student would need to accumulate a new “one full academic year” – a combination of Fall + Spring semester (or Spring + Fall semester) — to regain eligibility for F-1 Curricular Practical Training (CPT) or F-1 Optional Practical Training (OPT) authorization.  Students are advised to plan accordingly.

If I leave the U.S. for 3 months and return in F-1 status, but then leave the U.S. again, can I only be outside the U.S. for 2 months on that second trip before being subject to the 5-Month Temporary Absence Rule?
No.  The 5-month Temporary Absence Rule only applies if you are outside the U.S. for a period of at least 5 consecutive months at one time. If you enter the U.S., that ends the clock on the previous absence, and by departing the U.S. you begin a new period of time outside the U.S.

If you have any questions about travel and the F-1 Five-Month Temporary Absence Rule, please do not hesitate to contact your ISO Advisor.