The State Department issued guidance on May 27th to all consular posts requiring an immediate pause on the scheduling of new nonimmigrant visa appointments for foreign nationals applying for F, J and M student visas. The stated purpose for the pause is to allow time for the State Department to prepare and circulate more detailed instructions on expanded social media screening and vetting of all nonimmigrant students prior to visa issuance.

Currently scheduled appointments for student visa may proceed under the previously enforced guidelines, but no new appointments can be scheduled until the new guidelines are issued.

The State Department guidance contemplates that the new social media screening requirements will have “potentially significant implications for consular section operations, processes and resource allocations.” As it is unlikely that additional staffing or resources will be provided to comply with the new screening requirements, it is anticipated that fewer appointments will be available for F, J and M student visa applications and that processing times may increase significantly for those who do obtain an appointment.

Any F, J or M student currently in the U.S. who would need to apply for a student visa to return to the U.S.  should refrain from travel outside of the U.S. until the new guidelines are issued.  Foreign students abroad who were in the process of scheduling their nonimmigrant visa interviews should contact their college or university for further guidance.

The State Department guidance is the most recent step in a series of events affecting foreign students attending colleges or universities in the United States. Late last week, the Department of Homeland Security (DHS) terminated the SEVIS certification of Harvard University, which would have prevented it from enrolling F or J nonimmigrant students, although a federal judge promptly issued a restraining order preventing DHS from implementing the termination. Previously, the Trump Administration attempted to terminate the SEVIS registrations and revoke the student visas of thousands of F-1 students, only to have a different federal judge enjoin the administration from doing so.

Enhanced government scrutiny of all foreign nationals traveling to the United States has become a standard practice in the current administration. Meltzer Hellrung encourages any foreign national contemplating international travel, particularly any foreign students contemplating “cap gap” travel, to carefully review our Travel Guidance prior to departure and to contact one of our firm’s attorneys if additional information is needed.