On November 26, 2024, U.S. Citizenship and Immigration Services (USCIS) re-published its Policy Manual to remove the conflicting guidance issued on August 27, 2024, regarding the Five-Month Temporary Absence Rule for F-1 students. The USCIS update resolves the confusion created by the August policy update and aligns with the Student and Exchange Visitor Program’s (SEVP) longstanding guidance allowing exceptions to the five-month rule for F-1 students participating in authorized study abroad programs.
Therefore, students may continue to engage in a temporary absence abroad that exceeds 5 months if it is an approved academic activity and it is reported to the Office of Global Services (OGS). Approved academic activities abroad for F-1 students include study abroad, global co-op, or research abroad.
Northeastern University and other institutions, alongside professional international education organizations, advocated for clarity and alignment of federal guidance. We are pleased to see this positive resolution and will continue to monitor related developments.
If you have questions about your F-1 status or upcoming plans to return to the U.S. after an absence of more than five months, please contact OGS for guidance and support.
Original October 8, 2024 Alert
Federal regulations state that students in F-1 status maintain nonimmigrant status as long as they return to the U.S. after a temporary absence of five months or less [8 CFR 214.2(f)(4)]. The Student and Exchange Visitor Program (SEVP) allows an exception to the 5-month rule for F-1 students enrolled in an authorized study abroad program. On August 27, 2024, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert announcing a new interpretation of the Five-Month Temporary Absence Rule for F-1 students.
The USCIS alert has created confusion as it conflicts with the SEVP’s long-standing agency guidance. Professional international education organizations and institutes of higher education, including Northeastern University, are actively engaged in advocacy efforts to seek clarification in support of F-1 students enrolled in approved academic activities abroad. In the interim, if you are a Northeastern student who has been outside of the U.S. for more than five months due to study abroad, global co-op, or research abroad, please contact OGS (Contact – Office of Global Services) to request a letter of support for re-entry into the U.S. as a proactive measure.
We are closely monitoring this federal development and will provide additional updates to the Northeastern community as available.