Chapter 3 - Courses and Enrollment, Full Course of Study, and Reduced Course Load
A. Public High School
While F-1 and M-1 students may not attend a public elementary or middle school or a publicly funded adult education program, they may attend public high school.[1]
If F-1 or M-1 students are admitted for a fixed period of admission (not for duration of status) to attend a public high school and then apply to transfer schools or to attend a U.S. post-secondary school, they need to file an Application to Extend/Change Nonimmigrant Status (Form I-539) to request an extension of stay to remain in the United States beyond their fixed period of admission.
1. F-1 Students
F-1 students are limited to a cumulative period of 12 months to attend a public high school.[2] F-1 high school students are typically admitted for a specific period of time rather than duration of status.[3]
F-1 students must provide proof that they have reimbursed the local educational agency that administers the public high school for the full, unsubsidized per capita cost of providing education at the school for the period of the student’s attendance.
2. M-1 Students
M-1 students are not subject to the same 12-month time limit on public high school attendance. However, M-1 students are admitted for a fixed time period that includes the period necessary to complete the course of study indicated on the Certificate of Eligibility for Nonimmigrant Student Status (Form I-20), plus practical training following completion of the course of study, plus an additional 30 days to depart the United States, but not to exceed a total period of 1 year.[4]
B. Online and Distance Education Courses
1. F-1 Students
F-1 students enrolled in classes for credit or classroom hours may only count one class or three credits (or the equivalent) per academic session (or the equivalent) toward the full course of study requirement if the class is:
- Taken online; or
- Through distance education not requiring physical attendance for any purpose integral to completion of the class.[5]
If an F-1 student’s course of study is in a language study program, no online or distance education classes count toward a student’s full course of study program.[6]
The equivalent of one class means more than one class can be taken and more than three credits can be taken, but only three credits are applied towards the full course of study requirement. If a student needs only one course to finish their program of study, it cannot be taken through online or distance education. Courses must have a physical presence requirement.[7]
2. M-1 Students
No online or distance education classes are counted toward an M-1 student’s full course of study requirement if such classes do not require the student’s physical attendance for any purpose integral to completion of the class.[8] For purposes of the M classification, an online or distance education course is a course that is offered principally through the use of television, audio, or computer transmission including open broadcast, closed circuit, cable, microwave, or satellite, audio conferencing, or computer conferencing.[9]
C. Other Education Programs
1. Adult Education Programs
An F-1 or M-1 student may not enroll in an adult education program if it is funded in whole or in part by the Adult Education and Family Literacy Act or by any other federal, state, county, or municipal funding.[10]
2. English Language Training Programs
F-1 Students
F-1 students intending to pursue an English language training course of study must enroll in an English language training program that has been accredited by a regional or national accrediting agency recognized by the Department of Education.[11] English language training online or distance learning courses do not count towards the full course of study requirement.[12] Time spent in an English language training program also does not count towards the completion of one full academic year as an F-1 student.[13] However, if the student is receiving college credit for the language training at a Student and Exchange Visitor Program (SEVP)-certified college or university, then the time counts towards the one academic year required to participate in a practical training program.[14]
M-1 Students
M-1 students are only permitted to engage in English language training if their primary intent is to pursue vocational or technical training and they are taking English language training at the same school solely for the purpose of being able to understand the vocational or technical course of study.[15]
D. Concurrent Enrollment
An F-1 student may enroll in two different SEVP-certified schools at one time if the combined enrollment amounts to a full course of study.[16] In cases where a student is concurrently enrolled, the school from which the student will earn the student’s degree or certification should issue the Form I-20, and conduct subsequent certifications and updates to the Form I-20.[17] M-1 students may not be enrolled in two different SEVP-certified schools.
E. Full Course of Study
DHS regulations require students to maintain a full course of study and that the successful completion of the full course of study leads to the attainment of a specific educational or professional objective.[18]
Full course of study requirements are different for F and M students.
1. F-1 Students
To qualify as a full course of study, the Designated School Official (DSO) must have previously certified as a full course of study one of the following, as appropriate:[19]
- Postgraduate or postdoctoral study at a college or university;[20]
- Undergraduate or postgraduate study at a conservatory or religious seminary;[21]
- Undergraduate study at a college or university consisting of at least 12 semester or quarter hours of instruction per academic term in those institutions using standard semester, trimester, or quarter hour systems, and where all students enrolled for a minimum of 12 semester or quarter hours are charged full-time tuition or considered full-time for other administrative purposes, or its equivalent (as determined by U.S. Immigration and Customs Enforcement (ICE) SEVP in the school certification process) unless those students will complete their course of study during the current term with fewer semester or quarter hours;[22]
- Postsecondary language, liberal arts, fine arts, or other non-vocational program for which a school must confer recognized associate or other degrees upon its graduates or establish that its credits have been and are accepted unconditionally by at least three institutions of higher learning meeting specific requirements;[23]
- Any other language, liberal arts, fine arts, or other non-vocational training program consisting of at least 18 clock hours of attendance a week if the dominant part of the course of study consists of classroom instruction, or consists of at least 22 clock hours a week if the dominant part of the course of study consists of laboratory work;[24] or
- Curriculum at an approved private elementary or middle school or public or private academic high school consisting of class attendance for not less than the minimum number of hours a week prescribed by the school for normal progress towards graduation.[25]
2. M-1 Students
To qualify as a full course of study, the DSO must have previously certified as a full course of study one of the following, as appropriate:
- Community college or junior college studies consisting of at least 12 semester or quarter hours of instruction per academic term in those institutions using standard semester, trimester, or quarter-hour systems, and where all students enrolled for a minimum of 12 semester or quarter hours are charged full-time tuition or considered full-time for other administrative purposes, or its equivalent (as determined by ICE SEVP in the school certification process) except when the students need a lesser course load to complete the course of study during the current term;[26]
- Postsecondary vocational or business school programs, other than in a language training program,[27] which confer upon their graduates recognized associate or other degrees or have established that their credits have been and are accepted unconditionally by at least three institutions of higher learning which are either: a school (or school system) owned and operated as a public educational institution by the United States or a state or political subdivision; or a school accredited by a nationally recognized accrediting body; and consisting of at least 12 hours of instruction a week, or its equivalent as determined by ICE SEVP in the school certification process;[28]
- Vocational or other nonacademic curriculum studies, other than in a language training program,[29] consisting of at least 18 hours of attendance a week if the main part of the course of study consists of classroom instruction, or at least 22 hours a week if the main part of the course of study consists of shop or laboratory work;[30] or
- Vocational or other nonacademic high school curriculum, consisting of class attendance for not less than the minimum number of hours a week prescribed by the school for normal progress towards graduation.[31]
3. Border Commuter Students
A border commuter student must be enrolled in a full course of study, even though on a part-time basis, leading to the attainment of a specific educational or professional objective. A DSO at the school may authorize an eligible border commuter student to enroll in a reduced course load below the requirements for a full course of study. The reduced course load must be consistent with the border commuter student’s certified course of study.[32]
F. Reduced Course Load
1. F-1 Students
To maintain status while on a reduced course load, the F-1 student must first obtain authorization from the DSO before dropping to a reduced course load. A student who drops below a full course of study without the prior approval of the DSO is considered out of status.[33] A DSO may authorize an F-1 student for a reduced course load for one of the following reasons.
Specified Initial Academic Difficulties
A DSO may authorize a reduced course load due to academic difficulties once while the student is pursuing a course of study at that program level.[34] A student authorized to drop below a full course of study for academic difficulties while pursuing a course of study at a particular program level may still be authorized for a reduced course load due to an illness or medical condition.[35] The student must resume a full course at the start of the next available term or session, excluding a summer session.
An F-1 student taking a reduced course load must still be taking at least 6 semester or quarter hours or half the clock hours required for a full course of study.
Temporary Illness or Medical Condition
A DSO may authorize a reduced course load, or, if necessary, no course load, one or more times for medical reasons, even if the DSO had previously authorized the student to drop below a full course of study for academic difficulties.[36] The period of time cannot exceed an aggregate of 12 months while the student is pursuing a course of study at a particular program level.
The student must provide documentation of the illness or medical condition from a licensed medical doctor, psychiatrist, doctor of osteopathy, licensed psychologist, or clinical psychologist.
Completion of Course of Study
A DSO may authorize a reduced course load when a student needs fewer courses than a full course load in the student’s last term to complete the program of study.[37]
2. M-1 Students
To maintain status while pursuing a reduced course load, an M-1 student must first obtain their DSO’s authorization.[38] A DSO may authorize an M-1 student for a reduced course load only if the student provides documentation of an illness or medical condition from a licensed medical doctor, psychiatrist, doctor of osteopathy, licensed psychologist, or clinical psychologist. A DSO may authorize a reduced course load more than once, but the total period of reduced course load cannot exceed an aggregate of 5 months per course of study.
3. Border Commuter Student
A DSO may authorize a border commuter student to enroll in a reduced course load for the above listed reasons, provided that the reduced course load is consistent with the border commuter student’s certified course of study.[39]
Footnotes
[^ 1] See 8 CFR 214.2(f)(6)(i)(E) (defining a full course of study, in part, for F-1 students as “study in a curriculum at a certified private elementary or middle school or public or private academic high school”) and 8 CFR 214.2(m)(9)(iv) (defining a full course of study, in part, for M-1 students as “study in a vocational or other nonacademic high school curriculum”).
[^ 2] See 8 CFR 214.2(f)(5)(i). There is no such limitation to an F-1’s attendance at a private high school.
[^ 3] See 8 CFR 214.2(f)(5)(i).
[^ 4] See 8 CFR 214.2(m)(5).
[^ 5] See 8 CFR 214.2(f)(6)(i)(G).
[^ 6] See 8 CFR 214.2(f)(6)(i)(G).
[^ 7] See 8 CFR 214.2(f)(6)(i)(G). Beginning in March 2020, U.S. Immigration and Customs Enforcement (ICE) issued guidance related to online or distance learning, full course of study, and other student-related policy changes due to the COVID-19 public health emergency on its COVID-19 Guidelines and Protocols website. On May 11, 2023, ICE announced the termination of this guidance. Active F and M students were able to complete the 2022–23 academic year under the COVID-19 flexibilities through the 2023 summer semester. However, active F and M students will not be permitted to count online classes toward a full course of study in excess of the regulatory limits stated in 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v) for the 2023–24 academic year. Initial or re-entering students must enroll in programs complying with the regulatory limits for distance learning as stated in 8 CFR 214.2(f)(6)(i)(G). Designated School Officials (DSO) should not issue a Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) for students in new or initial status who are outside of the United States and plan to take classes at an educational institution certified by the ICE Student and Exchange Visitor Program (SEVP) for a program of study that contains online components in excess of the regulatory limits. ICE’s website should be consulted for the latest guidance.
[^ 8] See 8 CFR 214.2(m)(9)(v).
[^ 9] See 8 CFR 214.2(m)(9)(v).
[^ 10] See Section 203(1) of the Adult Education and Family Literacy Act, Pub. L. 105-220 (PDF), 112 Stat. 1059, 1060 (August 7, 1998). Adult education program is defined as a service or instruction below the post-secondary level for individuals who have attained 16 years of age; who are not enrolled or required to be enrolled in secondary school under state law; who lack sufficient mastery of basic educational skills to enable the individuals to function effectively in society; do not have a secondary school diploma or its recognized equivalent and have not achieved an equivalent level of education; or are unable to speak, read, or write the English language.
[^ 11] See Accreditation of English Language Training Programs Act, Pub. L. 111-306 (PDF) (December 14, 2010). The Act amended INA 101(a)(15)(F)(i) to state that F-1 nonimmigrant students intending to pursue an English language training course of study must enroll in an English language training program that has been accredited by a regional or national accrediting agency recognized by the Department of Education.
[^ 12] See 8 CFR 214.2(f)(6)(i)(G).
[^ 13] See 8 CFR 214.2(f)(6)(i)(G).
[^ 14] See 8 CFR 214.2(f)(6)(i)(G).
[^ 15] See 8 CFR 214.3(a)(2)(iv).
[^ 16] See 8 CFR 214.2(f)(6)(iv). The concurrent enrollment provision is applicable to those students who will be registered less than full-time at the school that issued their Form I-20, and who are relying on enrollment at another school to meet the requirement that they be enrolled for a full course of study. As long as a student is enrolled full-time at the institution that issued the student’s Form I-20, the student does not need special permission to take an additional class at another school.
[^ 17] See 8 CFR 214.2(f)(6)(iv). The DSO from the school where the F-1 student will earn the student’s degree is responsible for the reporting requirements to DHS. In instances where a student is enrolled in programs with different full course of study requirements (for example, clock hours vs. credit hours), the DSO is permitted to determine what constitutes a full course of study.
[^ 18] See 8 CFR 214.2(f)(6)(i). If the student fails to carry a full-course load unless authorized by DSO in accordance with 8 CFR 214.2(f)(6)(iii), the student has failed to maintain a valid F-1 status. This is not applicable during the student’s summer (or other authorized) break if the student is eligible and intends to register for the next term.
[^ 19] See INA 101(a)(15)(F)(i). Beginning in March 2020, ICE issued guidance related to online or distance learning, full course of study, and other student-related policy changes due to the COVID-19 public health emergency on its COVID-19 Guidelines and Protocols website. On May 11, 2023, ICE announced the termination of this guidance. Active F and M students were able to complete the 2022–23 academic year under the COVID-19 flexibilities through the 2023 summer semester. However, active F and M students will not be permitted to count online classes toward a full course of study in excess of the regulatory limits stated in 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v) for the 2023–24 academic year. Initial or re-entering students must enroll in programs complying with the regulatory limits for distance learning as stated in 8 CFR 214.2(f)(6)(i)(G). DSOs should not issue a Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) for students in new or initial status who are outside of the United States and plan to take classes at an educational institution certified by the ICE SEVP for a program of study that contains online components in excess of the regulatory limits. ICE’s website should be consulted for the latest guidance.
[^ 20] See 8 CFR 214.2(f)(6)(i)(A).
[^ 21] See 8 CFR 214.2(f)(6)(i)(A).
[^ 22] See 8 CFR 214.2(f)(6)(i)(B).
[^ 23] See 8 CFR 214.2(f)(6)(i)(C). The institutions of higher learning must be either: “(1) a school (or school system) owned and operated as a public educational institution by the United States or a State or political subdivision thereof; or (2) a school accredited by a nationally recognized accrediting body and which has been certified by a designated school official to consist of at least 12 clock hours of instruction a week, or its equivalent as determined by SEVP in the school certification process.”
[^ 24] See 8 CFR 214.2(f)(6)(i)(D).
[^ 25] See 8 CFR 214.2(f)(6)(i)(E).
[^ 26] See INA 101(a)(15)(M)(i). See 8 CFR 214.2(m)(9)(i).
[^ 27] Postsecondary vocational or business school and vocational or other nonacademic curriculum exclude language training programs unless the student enrolled in vocational or technical training takes English language training at the same school solely for the purpose of understanding a course of study. See 8 CFR 214.3(a)(2)(iv).
[^ 28]See 8 CFR 214.2(m)(9)(ii).
[^ 29] Postsecondary vocational or business school and vocational or other nonacademic curriculum exclude language training programs unless the student enrolled in vocational or technical training takes English language training at the same school solely for the purpose of understanding a course of study. See 8 CFR 214.3(a)(2)(iv).
[^ 30] See 8 CFR 214.2 (m)(9)(iii).
[^ 31] See 8 CFR 214.2(m)(9)(iv).
[^ 32] See 8 CFR 214.2(f)(18)(ii) and 8 CFR 214.2(m)(19)(ii).
[^ 33] See 8 CFR 214.2(f)(6)(iii).
[^ 34] See 8 CFR 214.2(f)(6)(iii)(A). The DSO may authorize a reduced course load due to a student’s initial difficulty with the English language or reading requirements, unfamiliarity with U.S. teaching methods, or improper course level placement.
[^ 35] See 8 CFR 214.2(f)(6)(iii)(A).
[^ 36] See 8 CFR 214.2(f)(6)(iii)(B) and 8 CFR 214.2(f)(6)(iii)(A).
[^ 37] See 8 CFR 214.2(f)(6)(iii)(C).
[^ 38] See 8 CFR 214.2(m)(9)(vi).
[^ 39] See 8 CFR 214.2(f)(18)(ii) and 8 CFR 214.2(m)(19)(ii).