New Rule Allows F-2 and M-2 Spouses and Children to Engage in Part-time, Post-secondary Academic Study at SEVP-certified Schools

"Today the Department of Homeland Security, U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (“ICE-SEVP”) published a Final Rule amending the regulations regarding who can study while in the U.S.

Under the Final Rule, F-2 and M-2 nonimmigrant spouses and children may engage in part-time (e.g., less than 12 credit hours), post-secondary academic study in the United States at SEVP-certified schools.  If an F-2 or M-2 nonimmigrant wants to enroll in a full course of academic study (e.g., 12 or more credit hours), he or she needs to first apply for and obtain F-1, J-1 or M-1 nonimmigrant status.  The Final Rule also clarifies that F-2 and M-2 nonimmigrant spouses and children may engage in study that is avocational or recreational in nature, up to and including on a full-time basis.

The Final Rule does not change existing regulations allowing full-time study, including any full course of study, by F-2 and M-2 children in elementary or secondary school (kindergarten through twelfth grade).  F-2 and M-2 nonimmigrant spouses and children are still not eligible for employment authorization, even if offered through a part-time academic program; and may not engage in post-secondary academic study through online courses/distance education programs, even if offered at a SEVP-certified school.  The Final Rule is scheduled to go into effect 30 days from the date of publication." - Joseph J. Shepherd, Apr. 29, 2015.