coe-staff: New federal rule making about the Student and Exchange Visitor Program

[Randy Kamphaus]

Dear COE Students,

I regret to inform you that our international students have been greeted by yet another unexpected challenge to their education. This time, it’s the new U.S. Rules on Online Enrollment for International Students. For details about the proposed rule, see Dr. Galvan’s messages to international students and university leadership appended below. All of this information, however, is tentative, because the rule has not yet been finalized. The rule is also being vigorously opposed by the American higher education community.

Regardless of the final rule, our faculty, staff, department heads, and deans will work together to create a successful and rewarding upcoming academic year for our international students. This challenge is far from our first, and we will adapt successfully.

To our international students, as a U.S. Citizen, I apologize for this affront. Beyond an apology, I would like to be of better service to you. Please contact me at educationdean at uoregon.edu<mailto:educationdean at uoregon.edu> as you wish, or as your needs dictate.

To all of our students, I ask that you consider contacting an international student, reassure them that they are a valued member of our COE community, and listen. I am confident that both parties will be enriched by this conversation.

Until more information is available, I wish everyone well during these challenging times.

Randy
C Faculty and Staff

Federal Rule Changes: Online Enrollment for International Students

A summary of what we know<https://isss.uoregon.edu/changes-federal-rules-international-enrollment#whatweknow> and how it impacts<https://isss.uoregon.edu/changes-federal-rules-international-enrollment#impacts> international students. For more information, read the frequently asked questions (FAQs)<https://isss.uoregon.edu/faqs-students#academic>.

On July 6, 2020, the U.S. federal administration issued an announcement<https://isss.uoregon.edu/sites/isss1.uoregon.edu/files/intl-enrollment-rule-changes-6july2020-bcm2007-01.pdf> with near-final language for new rules on online enrollment for international students at U.S. universities this fall. This is another troubling step in an apparent effort to exclude international students from U.S. higher education.

The UO is steadfast in its commitment to welcoming international students and holds firm to the core belief that international students are vital to our success in research, teaching, and building diverse and inclusive communities. With our dedicated colleagues in UO Government Relations and other departments across campus, we are fighting this latest exclusionary move in coordination with many of the major higher-education associations.
Here’s what we know:

  *   The main change is that international students who are in the U.S. in fall term cannot enroll solely in classes that are entirely taught online.
  *   Students may take more than one entirely online class, but may not take all their classes in that format. They need to take some classes that have an in-person instructional component.
  *   For next year, UO plans to offer many courses with an in-person component (e.g., lecture remote, but with lab or discussion section in person), making it possible for UO students to enroll in a manner allowed by these proposed rules.
  *   Universities must certify that students are taking the minimal necessary online classes for degree progression. We have a plan on how to certify this for the fall, and are currently seeking clarification from relevant authorities on this plan.
  *   We are seeking clarification on how this impacts remote classes (live, synchronous instructional interaction via Zoom or another digital medium, not in-person). The proposed rules seem to use “online” and “remote” interchangeably.
  *   International Student & Scholar Services will review every student’s fall enrollment and contact students individually if there is any chance the student may not be in compliance with these rules.
  *   The rule does not prevent students who are out of the U.S. from enrolling entirely in online classes. UO is moving forward with our soon-to-be-announced #NoVisaNeeded alternate enrollment for international students who cannot enter the U.S.
  *   This is an announcement of an upcoming rule change, to be finalized soon. The announcement includes the near-final language for the new rules. It still contains ambiguities that will likely be clarified in the coming days.
Here’s how it impacts international students:

  *   For F-1 international students IN the U.S., the following rule changes apply to fall term 2020:
     *   Students must take at least one in-person or hybrid course (a mixture of in-person and online/remote).
     *   Students cannot take all online courses.
     *   Students should only take the minimum number of online classes required to make normal progress in their degree program.
     *   Students will receive an updated I-20 certifying that 1) the UO is not operating entirely online, 2) the student is not taking an entirely online course load for the fall 2020 term, and 3) the student is taking the minimum number of online classes required to make normal progress in their degree program.
  *   For F-1 international students OUTSIDE the U.S., the following ICE/SEVP rule changes apply to fall term/semester 2020:
     *   Students can enroll in online or remote classes, part-time or full-time.
     *   While students are enrolled from outside the US, we now must temporarily deactivate your SEVIS record (this is a change in rules which used to let us keep SEVIS records active for students outside the U.S). When students can return to the U.S., SEVIS record will be reactivated or new initial I-20s will be issued, depending on guidance from SEVP.

This message is being sent on behalf of Dean and Vice Provost Dennis Galvan from the Division of Global Engagement.

Dear Colleagues,

On July 6, 2020, the federal administration in Washington, D.C., issued an announcement with near-final language for new rules in online enrollment for international students at U.S. universities this fall. This is another troubling step in an apparent effort to exclude international students from U.S. higher education.

The UO is steadfast in its commitment to welcoming international students, and holds firm to the core belief that international students are vital to our success in research, teaching, and building diverse and inclusive communities. With our dedicated colleagues in UO Government Relations and other departments across campus, we are fighting this latest move by the Trump administration in coordination with many of the major higher-education associations.

We are also pragmatically working on getting good information about this disturbing announcement to students and navigating every path to keep them with us. Here, you will find a detailed breakdown of the proposed rules<https://isss.uoregon.edu/changes-federal-rules-international-enrollment> and the impact on UO international students, and just below is an executive summary to help explain the issues.

International students, scholars, and those who support them are experiencing extraordinary stress right now. This comes on top of the shared pressure of the pandemic and our society’s efforts to grapple, again, with racial justice. Thank you in advance for any extra care and compassion you can provide to UO international students who may be struggling to make sense of how they can complete their studies.

Please feel free to direct them to me, or to the team in International Student Services (especially Associate Director Becky Megerssa, becky at uoregon.edu<mailto:becky at uoregon.edu>). We are thoroughly committed to making sure every international student at UO feels the full embrace of empathetic support and practical advice in this difficult moment. We will continue to fight tirelessly to keep them with us.

Sincerely,

Dennis Galvan
Dean and Vice Provost
Division of Global Engagement
University of Oregon

Quick Summary of U.S. Rules on Online Enrollment for International Studies announced on July 6, 2020


  *   This is an announcement of an upcoming rule change, to be finalized soon. The announcement includes the near-final language for the new rules. It still contains ambiguities that will likely be ironed out in coming days. It will also be subject to usual lobbying, hopefully effective, from many higher-education associations.
  *   The main change is that international students in fall term cannot enroll solely in courses this announcement calls “entirely online.” This is actually a partial reversion to pre-coronavirus rules. They were modified in March to allow, for the first time, fully online enrollment.
  *   At universities with some in-person instruction, students may take more than one online class, and may not take all classes online. Universities must certify that students are taking the minimal necessary online classes for degree progression. In the past, we have had some latitude in determining “minimum necessary” and we are seeking clarification for this new set of rules. It is a crucial point.
  *   As long as the UO continues to offer some courses with an in-person component (e.g., lecture remote but with lab or discussion section in person), and as long as parameters for determining “minimum necessary” online enrollment are not too restrictive, our international students should be able to continue studying with us.
  *   The rule leaves ambiguous the status of what we at the UO call remote classes (live, synchronous, digital as opposed to in person). We will seek clarification on this. It will be crucial if we end up without in-person enrollment in fall.
  *   As of March 2020, there was some precedent from ICE/SEVP in treating remote (live, synchronous) as a form of in-person instruction. This pre-announcement leaves that unclear and indeed seems to suggest remote might now be understood as a form of online instruction.
  *   The rule also does not appear to prevent students who are out of the U.S. from enrolling entirely in online classes. (A line deep in the announcement can be read otherwise, but it appears to refer to a technical element of I20 continuity for students overseas; we are seeking clarification.) This will permit us to move forward with our new #NoVisaNeeded alternate enrollment for international students who cannot enter the U.S.

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