F-1 Five-Month Temporary Absence Rule

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

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. 

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 months, upon a new entry to the U.S. 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 months. 

The 5-month Temporary Absence Rule also applies to alumni on authorized F-1 OPT or STEM OPT Extension, therefore these alumni should be sure not to be outside the U.S. continually for a period of 5 months or longer or it would void the OPT or STEM OPT authorization. 

U.S. Department of Homeland Security announced on May 11, 2023 that the COVID-19 flexibilities, including where exceptions were provided to the maximum number of online courses that can be pursued, and the exemption to the 5 month rule for individuals outside the U.S. prior to the start of the Fall 2020 term and unable to return to the U.S., will end with the start of the Fall 2023 term.
Therefore, the Special Guidance Due to COVID-19: Updated 12/24/2022 provided below will end by the start of the Fall 2023 term and all regulations in place prior to March 2020 we return to be in effect.

[Special Guidance Due to COVID-19: Updated 12/24/2020]:
Following the unofficial announcement from the U.S. Department of Homeland Security (USDHS) Student and Exchange Visitor Program (SEVP) on December 9, 2020 that USDHS Guidance for the Fall 2020 semester has been extended through the Spring 2021 semester, MIT reached out to USDHS to obtain any updated clarification concerning the suspension of the F-1 Five Month Temporary Absence Rule. 

We, like many of our peers, believe now that the USDHS Guidance, and its reported extension, also suspends the 5-month Temporary Absence Rule for the Fall 2020 and the Spring 2021 semesters for certain students. However, no official written guidance has been provided by USDHS/SEVP, and therefore exceeding the five months outside the U.S. carries some risks, which we set out below.

Our updated guidance for Fall 2020 and Spring 2021, based on the current available information, is:  

1. Students who (1) were enrolled full-time in F-1 status on March 9, 2020; (2) were physically in the U.S. as of that date; (3) subsequently left the U.S. during the Spring or Summer 2020 terms; and (4) have continually maintained full-time enrollment and MIT student status remotely from abroad:
   • MIT considers you to have maintained your F-1 status during your time abroad;
   • MIT will authorize F-1 Curricular Practical Training and recommend F-1 Optional Practical Training for you (as long as all other CPT and OPT criteria are met) after return to the U.S.
   • You may return to the U.S. after a stay outside the U.S. for longer than 5 months (even after January 30, 2021); however, you may wish to eliminate the risks, and ensure uninterrupted eligibility for F-1 CPT or OPT, by returning within 5 months from the start of the Fall 2020 semester (no later than January 30, 2021). See specific risks outlined below.
   • Students in this category who return to the U.S. in Fall 2020 or Spring 2021 semester, and decide to again travel outside the U.S., then become subject to the F-1 5-month temporary absence rule (should re-enter the U.S. within 5 months from the new date of departure from the U.S.)
     
2. New students who (1) arrived in the U.S. to begin their program of study at MIT and F-1 status AFTER March 9, 2020 (with “New”, “Initial Attendance”, “Transfer Pending” as reason of Form I-20 issuance), and (2) who were enrolled full-time in-person at MIT in the Fall 2020 semester, and (3) subsequently left the U.S., are subject to the 5-month Temporary Absence Rule. 
   • These students may choose to pursue Spring 2021 semester coursework full-time remotely from abroad, but unless USDHS issues new guidance you would not be maintaining F-1 status from abroad and would result in a break in eligibility for F-1 off-campus employment benefits.
     
3. Students on authorized periods of post-degree-completion F-1 Optional Practical Training (OPT) or F-1 STEM Optional Practical Training Extension (STEM OPT) are subject to the 5-month Temporary Absence Rule from the date of departure from the U.S. (and should return to the U.S. within 5 months of date of departure from the U.S. to maintain status and OPT/STEM OPT employment authorization). 

Students who completed their degree program at MIT after March 9, 2020 and applied for OPT based on that degree, with the approval of OPT occurring while abroad, should return to the U.S. within 5 months of the start date of the OPT approval as listed on the Employment Authorization (EAD) card.  Students will need to show evidence of maintaining employment with a U.S.-based employer on OPT during that period abroad.

[NOTE:  Students on OPT or STEM OPT have separate limits on periods of unemployment (90 days of unemployment during the 12-month OPT period, plus an additional 60 days of unemployment time during 24-month STEM OPT period with any unused from the original 90 days during initial OPT) that may require return to the U.S. earlier than the 5-month period.] 

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 potential 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). 

The specific risks of remaining abroad beyond the normal 5-month period include the following:

• USCIS may question eligibility for F-1 Curricular Practical Training (CPT) or F-1 Optional Practical Training (OPT), and may not process OPT applications, without written USDHS guidance confirming policy updates.
• It remains unclear if the suspension of the 5-month temporary absence rule also applies to students who arrived to the U.S. from abroad to begin study at MIT in F-1 status AFTER March 9, 2020, and subsequently left the U.S., and the impact of their lack of consecutive semester in-person enrollment on eligibility for F-1 off-campus employment authorization. 

We will provide updates to the MIT Community as they become available.  If you are not able to travel within the 5 month period that applies to you, we will do our best to support you with your future travel plans and impact on your F-1 status.

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

What if I am unable to return to the U.S. within the 5 months from departure?
If a student 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 SEVIS record for “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 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 or F-1 Optional Practical Training 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 continuous period of at least 5 months at one time. 

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.