Important Guidance for F-1 Students and Employers in Light of Recent SEVIS Terminations
We have seen a growing number of troubling reports regarding unexpected terminations of F-1 student records in the SEVIS database. These actions—carried out without advance notice—have raised serious concerns within the immigration law community. We want to provide clear, practical guidance for F-1 students and the employers who support them, as well as context for how and why this is happening.
For F-1 Students: Stay Vigilant
We urge all F-1 students to regularly monitor the following:
SEVP Portal: Log in frequently to detect any irregularities. If you notice any issues, contact your Designated School Official (DSO) immediately.
Original DS-160 Email: Check the email account linked to your first DS-160 application. Important notices, including visa revocation alerts, may be sent here.
I-94 Record: Use the CBP I-94 website to ensure your F-1 admission record is accurate.
Social Media Hygiene: Maintain a professional online presence. In some cases, online speech—particularly about sensitive international matters—has been linked to SEVIS terminations.
OPT Considerations: If your OPT status is lost, it generally cannot be recovered. OPT is considered a benefit, not a right, and is considered fulfilled upon graduation.
What’s Behind the SEVIS Terminations?
ICE, historically not directly involved in SEVIS terminations, now appears to be using new algorithms to scan SEVIS data and unilaterally terminate student records. This has raised serious questions about due process, as no advance notice is provided to students or schools. Schools, which previously held sole authority to make these terminations, are now left scrambling to detect irregularities manually.
What is Triggering These Actions? SEVIS terminations appear linked to a range of factors, including:
Criminal Activity: Even past arrests may result in termination.
Administrative Processing Flags: Prior issues during the visa process.
Online Speech: Comments on sensitive topics, though less common, have been cited as potential triggers.
Legal Questions and Court Action
Recent terminations have sparked legal concerns:
Does ICE have the authority to directly terminate SEVIS records?
Are these actions bypassing the required notice-and-comment rulemaking under the Administrative Procedure Act?
A recent Temporary Restraining Order (TRO) issued in favor of a Dartmouth student is a positive development. It temporarily restored the student’s SEVIS status, offering hope for others facing similar situations.
What Can Students and Employers Do?
For Students:
Monitor your records and act quickly if you notice an issue.
Consult an immigration attorney immediately if your SEVIS record is terminated.
Litigation may be the only viable remedy, as immigration judges do not have jurisdiction over SEVIS terminations.
DSOs may not be able to help due to concerns about the school's SEVP certification.
For Employers:
Accelerate Change of Status filings—converting F-1s to H-1B or other visa types removes reliance on SEVIS.
Prioritize Green Card applications for employees to reduce dependence on OPT.
Consider offshore remote work options in extreme cases.
Host a Lunch & Learn session with our team to educate HR and legal teams on these developments.
Final Thoughts
While the situation is concerning, legal remedies are available. The recent TRO offers hope that courts are actively addressing these issues. If you’re an F-1 student or an employer with employees affected by these terminations, we encourage you to reach out for guidance.
Our firm is here to help guide you through these challenges.
