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How are student visas different from other nonimmigrant visas?
Student visas, which include F-1, M-1, and J-1 visas, are uniquely managed jointly by the federal government and the universities hosting the international student. One of the ways that student visas are different from other nonimmigrant visas is the use of a central electronic database managed by Immigration & Customs Enforcement (ICE) known as the Student and Exchange Visitor Information System (SEVIS) to track their status. Universities must report in SEVIS the nonimmigrant student’s initial admission, course load, when they transfer, extend their stay, or engage in employment, as well as when their address changes. ICE has access to information reported by universities on students who are noncitizens.
What is the difference between a visa and a status?
While often used interchangeably, there is a distinction between a visa and the noncitizen’s status in the U.S., and keeping these separate is important to understanding the impact of revocation versus termination. A visa is the sticker in the noncitizen’s passport that is issued by the DOS that authorizes them to travel to the U.S. Notably, a status can continue if a visa expires or is revoked. For example, someone who enters on an H-1B visa can remain in the U.S. even after the date on their visa, as long as they continue to renew their H-1B status. This distinction is also clear in the case of Canadian citizens, who are visa exempt but still require a status to attend school or work in the U.S.
How are student visas revoked?
Student visas can be revoked at the U.S. government’s discretion. However, historically, revocations when students are already present in the United States only occur in extreme cases. Consular officers are prohibited under 9 FAM 403.11 from revoking a visa when the individual is already in the United States, with an exception for revocation based on driving under the influence (DUI). Recently, the Department of State has revoked student visas using INA 237(a)(4)(C), which provides that “[a]n alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.” On March 28, 2025, Secretary of State Marco Rubio said
that up to 300 visas had been revoked using INA 237(a)(4)(C).
What happens after a visa is revoked?
Once a visa is revoked, ICE can choose to initiate removal proceedings under INA 237(a)(1)(B) (present in violation of law). ICE can also allege, among other grounds, that the individual is deportable under INA 237(a)(4)(C). While ICE can make this allegation, it does not automatically authorize removal.
What is the distinction between revoking a visa and terminating status?
As discussed above, there is a distinction between a visa and a status. That distinction is important because it makes revocation by DOS alone insufficient for removal. If a visa is revoked by DOS, while the noncitizen’s ability to re-enter the U.S. after departure is impacted, the revocation does not impact the nonimmigrant’s status or require the immediate departure from the U.S.
What is the impact of a terminated SEVIS record?
Once a SEVIS record is terminated, the international student immediately loses employment authorization, cannot re-enter the U.S. if they depart, and if they have any dependents (spouses or children), their status is also terminated.
In order to avoid being surprised by a revocation of visa and/or status, we recommend that students stay in regular contact with their Designated School Officials (DSOs) and monitor their SEVIS records. Should a student receive notification that their F-1 visa and/or status has been revoked, they should contact their DSO to gather as much detail on the termination as possible and contact an immigration attorney to discuss what options might be available, including filing for F-1 reinstatement or departing the US voluntarily to avoid accruing unlawful presence.
Moore & Van Allen is continuing to monitor these developments closely and will provide updates as they become available.
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