The F-1 visa, a cornerstone of U.S. higher education, has recently become a focal point of controversy due to a series of revocations and subsequent reinstatements that have significantly impacted international students.
The F-1 visa was established under the Immigration and Nationality Act of 1952 to facilitate the entry of foreign students into the United States for academic studies. It allows nonimmigrant students to enroll in accredited institutions, provided they maintain full-time enrollment and comply with specific regulations. The visa is tied to the Student and Exchange Visitor Information System (SEVIS), which tracks and monitors students' status throughout their stay.
Recent Wave of Revocations
In early 2025, the Trump administration initiated a sweeping review of F-1 visa holders by cross-referencing over 1.3 million student records with the National Crime Information Center database. This action led to approximately 6,400 matches, many involving minor infractions such as dismissed charges or traffic violations. Consequently, over 1,800 students across more than 280 colleges and universities experienced abrupt terminations of their SEVIS records and revocations of their F-1 visas.
The revocations were often executed without prior notice or clear justification, leaving students in legal limbo. Some were detained by Immigration and Customs Enforcement (ICE), while others faced the threat of deportation. The lack of transparency and due process prompted widespread concern among educational institutions and legal experts.
I recently learned of an international F-1 student who received an email from her university stating that her SEVIS number had been terminated and her OPT canceled due to a criminal record. The email further instructed her to leave the country immediately. She explained that the criminal case in question was dismissed over 5 years ago. She was employed at the time and informed her employer. She was instructed to stop working that same day, the revocation swift. She felt confused and uncertain.
Legal Challenges and Policy Reversal
The mass revocations sparked a flurry of legal actions. Over 100 lawsuits and more than 50 restraining orders were filed, challenging the constitutionality and procedural fairness of the government's actions. Judges across the political spectrum criticized the administration for its vague justifications and potential misuse of automated systems in decision-making.
In response to mounting legal pressure, the administration halted the revocations on April 25, 2025. The Department of Homeland Security announced plans to reinstate the SEVIS records of affected students unless they posed a national security threat. This policy reversal was seen as a significant victory for international students and their advocates. However, ICE has stated that this reinstatement is only a temporary reprieve. The federal government is at work on a new system for reviewing and terminating the records of international students and academics study in the U.S.1
In addition, the Trump administration recently revoked Harvard University's SEVIS status when the university refused to accept the administration's demands for more federal oversight. While Harvard stands a good chance of prevailing in court, the revocation could have long-term repercussions. As Forbes magazine states, "the combination of starting this lawsuit against Harvard, threatening to terminate Optional Practical Training and revoking the immigration status of over 1,000 international students leaves prospective students applying to colleges outside the U.S., and current international students worried about their futures."2
Possible Reinstatement Procedures
Students who lost their F-1 status due to the revocations appear to have two primary avenues for reinstatement:
- Applying for Reinstatement through USCIS: Students may file Form I-539, accompanied by a detailed explanation of the circumstances leading to the status violation, proof of continued enrollment, and a new Form I-20 issued for reinstatement purposes. The Designated School Official (DSO) must support the application and annotate the SEVIS record accordingly. Students are advised to consult with their institution's international student services and/or legal counsel to determine the best course of action.
- Departing and Reentering the U.S.: Alternatively, students may leave the United States and reenter using a new I-20 with a new SEVIS number. This option requires paying the SEVIS fee again and obtaining a new visa, which carries its own risks and uncertainties.
Both options involve financial costs and potential risks, such as denial of the reinstatement application or reentry into the U.S.
Broader Implications
The recent events have highlighted the precarious nature of the F-1 visa status and the vulnerabilities international students face. The abrupt policy shifts and lack of due process have raised concerns about the treatment of nonimmigrant students and the potential chilling effect on international enrollment in U.S. institutions. I tried contacting the F-1 student prior to the publishing of this article and she could not be reached, specifically "no longer in service". I hope she is recovering from the F-1 revocation debacle.
Footnotes
1 Montague, Z. and H. Aleaziz. "U.S. Restores Legal Status for Many International Students but Warns of Removals to Come." New York Times, April 25, 2025: www.nytimes.com/2025/04/25/us/politics/trump-student-visa-cancellations.html
2 Anderson, S. "Harvard Has Strong Chance to Prevail Over Trump in Immigration Lawsuit." Forbes, May 25, 2025: https://www.forbes.com/sites/stuartanderson/2025/05/25/harvard-has-strong-chance-to-prevail-over-trump-in-immigration-lawsuit/
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