Indian students planning to study in the U.S. on an F-1 visa are facing uncertainty after two American agencies issued conflicting statements regarding policies for students who choose to study abroad. An update to the U.S. Citizenship and Immigration Services (USCIS) policy manual on August 27 implied a tightening of rules for F-1 students who are out of the U.S. for over five months, sparking confusion among students and education professionals.
The updated guidance states that F-1 visa holders studying abroad for more than five months can no longer stay actively enrolled in their U.S. program and would need a new Form I-20 to re-enter in student status. This unexpected update has led to widespread speculation that it may be an unintended consequence rather than a deliberate policy change.
To clarify the rule, the Student and Exchange Visitor Program (SEVP), the body responsible for managing student visas, communicated to The PIE News that the USCIS update was not intended to change the rules on study abroad. According to SEVP, if a student is outside the U.S. for over five months and is not part of an approved study abroad program, they typically need a new visa to re-enter. However, the SEVP interpretation conflicts with USCIS guidance, which suggests students on study abroad programs exceeding five months would need a new Form I-20 regardless.
The conflicting guidance has left students, educational advisors, and immigration attorneys seeking further clarification from the U.S. government. “For most of us in higher education, these statements contradict each other,” said Aaron Blumberg, a partner at Fragomen Immigration Lawyers. SEVP’s stance appears to mean that students need a new visa only if not enrolled in an approved study abroad program, while USCIS suggests otherwise.
This lack of clarity is particularly concerning for Indian students, many of whom plan lengthy study abroad programs or combine them with visits home during summer breaks. Immigration attorneys have called on the government to clarify the rules quickly, especially for students nearing graduation, whose Optional Practical Training (OPT) work permits may be affected by any lapse in F-1 status.
Minerva University, which runs global study rotations in Asia, Europe, and South America, has responded by flying 150 students from Berlin back to the U.S. to safeguard their F-1 status. The university and other providers are asking for a grace period to allow students to adjust to the new rules. If left unaddressed, the policy conflict could impact Indian students’ academic plans and future work opportunities in the U.S.
Despite SEVP’s reassurance that the impact is minimal based on initial SEVIS data, the confusion has raised concerns across the study abroad sector. SEVP advised international students to work closely with their universities to ensure compliance, though many institutions now feel added pressure to interpret and apply the conflicting policies correctly.
For Indian students, the message is clear: seek frequent updates from both SEVP and USCIS, and maintain close communication with university advisors. Ensuring a clear understanding of U.S. visa compliance will be essential as this policy confusion continues to unfold.
