USCIS Updates Interpretation of F-1 Five-Month Temporary Absence Rule
On November 26, 2024, U.S. Citizenship and Immigration Services (USCIS) updated their policy manual to remove conflicting guidance on study away programs that was posted on August 27, 2024. Specifically, USCIS clarifies guidance on the application of the F-1 Five-Month Temporary Absence Rule, which provides that an F-1 visa holder outside the U.S. for more than 5 consecutive calendar months would abandon/terminate their F-1 status.
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.
The updated USCIS Policy Manual, Chapter 7 – Absences from the United States, now states the following (https://www.uscis.gov/policy-manual/volume-2-part-f-chapter-7#footnote-4):
“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]”
This updated guidance is consistent with guidance from the U.S. Department of Homeland Security, which oversees the F student visa regulations, on their Study In The States website (https://studyinthestates.dhs.gov/2015/04/can-international-students-united-states-study-abroad):
“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.”
Given this updated guidance, 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 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.
Alumni on 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.
IMPORTANT NOTE: This guidance only addresses this updated guidance concerning long-term periods outside the U.S. This does not replace our guidance that caution and planning must be done with any travel outside of the U.S., no matter the length of time outside the U.S., including over the Winter Break period.
For additional guidance and continuing updates on the F-1 Five-Month Temporary Absence Rule, please see the ISO Knowledge Base article on this rule available on the ISO website.
If students have any questions regarding the updated F-1 Five-Month Temporary Absence Rule or travel outside the U.S. and re-entry, please contact your ISO Advisor.
