Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in the Student and Exchange Visitor Information System (SEVIS)—actions that carry significant immigration and employment consequences.
According to public statements by Secretary of State Marco Rubio, the U.S. Department of State has revoked more than 300 student visas, citing alleged involvement in criminal activity. Separately, the American Immigration Lawyers Association (AILA) has reported that since January 20, 2025, U.S. Immigration and Customs Enforcement (ICE) has terminated over 4,700 SEVIS records.
Visa Revocations vs. Status Termination
It is important to distinguish between visa stamp revocations and status termination. A visa stamp, issued by the U.S. Department of State, allows entry to the U.S. but does not confer legal status. The Department of Homeland Security (DHS) grants individuals status when they are admitted to the U.S. That status is maintained as long as the individual remains compliant with the terms of the visa category. This means that even if a visa stamp is revoked, the individual may still lawfully remain in the U.S. unless and until DHS acts to terminate their status or initiate removal proceedings.
Since the F-1 visa stamp does not connote an individual’s legal status in the U.S., even if a visa stamp expires or is revoked, the student’s status in the U.S. may continue to be valid. Recent F-1 visa stamp revocations are notable, as the Foreign Affairs Manual generally restricts revocations for individuals already in the U.S., with narrow exceptions (such as certain health-related grounds). In these recent cases, the Department of State has relied on INA § 237(a)(4)(C), which permits visa revocation based on a reasonable belief that the individual may pose adverse foreign policy consequences. While this provision grants broad discretion, its use in the context of F-1 student visas has raised questions, given its potential far reaching and longer term impacts.
The more immediate challenge for F-1 students, however, arises from SEVIS record terminations. SEVIS, maintained by DHS, is used to track, and monitor compliance with the terms of F-1 status—including full-time enrollment, address updates, and authorized employment. Historically, it was understood that a terminated SEVIS record strips a student of their lawful status, leading to invalidation of their F-1 work authorization (including OPT and STEM OPT). However, in recent litigation pertaining to the government’s actions concerning F-1 students, a senior official at DHS stated a contrary position, raising questions about the precise impact of the SEVIS terminations.
Who is Impacted?
Reports from NAFSA, the Association of International Educators, indicate that those impacted include undergraduate, graduate, and Optional Practical Training (OPT)/STEM OPT students. In addition, they report that there does not appear to be a clear pattern or trend in the nationalities of the affected international students; and students at all types of higher education institutions across the U.S. are impacted.
SEVIS Termination and Legal Challenges
Many terminations appear to be based on preliminary or minor incidents, such as traffic infractions, arrests that did not result in conviction, or charges that were later dismissed. In some cases, terminations appear to have been triggered by background checks, without consideration of due process, final adjudication, or the student’s current academic standing.
Notably, affected students often receive no advance notice or explanation, only learning that their status has been terminated or their visa revoked after the fact. In some instances, universities have also been left in the dark.
In response to the SEVIS terminations, multiple lawsuits have been filed nationwide, challenging the legality of these actions under the Administrative Procedure Act (APA) and the Fifth Amendment’s due process protections. Although the litigation is ongoing, several courts have already granted temporary restraining orders that reinstate the students’ F-1 status.
For example, a court in Washington found that a termination based on a pending DUI charge was likely unlawful under the APA because DHS failed to follow its own regulations, which limit agency-initiated terminations to specific grounds, none of which applied to the student. The court also noted the lack of explanation and due process, holding that the student was likely to succeed on his claim that the agency acted arbitrarily and capriciously. The decision affirmed that F-1 SEVIS terminations are final agency actions subject to judicial review, especially when they carry immediate legal consequences, and no meaningful administrative appeal exists.
While the State Department has not released any specific criteria for SEVIS termination, it has stated generally that the focus is on international students who have had past arrests, criminal charges, or convictions, as well as any behavior that’s been deemed to be of concern to the current administration. Typically, those affected by SEVIS terminations are provided written notice, yet international students and universities are reporting that some of these terminations have had no advance warnings. Lack of notice in either context is concerning in light of the possible impact on the individual’s legal status in the U.S.
Adding to the confusion and uncertainty are the government’s more recent position in the litigation that termination of an individual’s SEVIS record does not, in fact, terminate their status in the U.S. In Deore et al. v. Secretary of U.S. Department of Homeland Security, et al., four international students studying at the University of Michigan and Wayne State University brought suit against DHS for termination of their SEVIS records, alleging violations of the APA and due process rights. In response, the government submitted an affidavit from Andre Watson, Senior Official within the National Security Division (NSD) for Homeland Security Investigations (HSI). Mr. Watson attested that “[t]erminating a record in SEVIS does not terminate an individual’s nonimmigrant status in the United States. The statute and regulations do not provide SEVP the authority to terminate nonimmigrant status by terminating a SEVIS record, and SEVP has never claimed that it had terminated the nonimmigrant status of [the students]. Furthermore, the authority to issue or revoke visas for nonimmigrant students lies with the Department of State, not SEVP. Terminating a record within SEVIS does not effectuate a visa revocation.”1
Since the government has stated that it has no reason to believe that a status change has occurred, this has now created legal uncertainty for individuals whose SEVIS records have been terminated. Due to the lack of clarity on the question of status, the court denied the TRO on the basis that it was unable to determine whether the students suffered irreparable harm, as there was no clear answer on whether the students did, in fact, lose their F-1 status when the SEVIS record was terminated. The court requested additional briefing on this point and also addressed the potential impact on employment, stating, “it remains unclear whether the students have F-1 status despite the termination of their SEVIS record, have lost their F-1 status, or anything else. The parties did not thoroughly analyze whether someone with F-1 status but without a SEVIS record (insofar as such a person can exist) may be employed.”2
Impact on Employers
For U.S. employers, these developments create uncertainty—particularly for those employing students on F-1 OPT or STEM OPT. Most international students are eligible for the F-1 Optional Practical Training (OPT) program, which allows F-1 students to work in the United States for up to twelve (12) months in a job that is related to their area of study. International students who have earned a degree in Science, Technology, Engineering, or Mathematics (STEM) fields are eligible for an additional twenty-four (24) months of work authorization, for a total of thirty-six months of F-1 OPT and STEM OPT.
Proactive Measures for Employers and Institutions
- Document carefully. Ensure that job duties align with OPT/STEM OPT guidelines and maintain clear records of compliance.
- Monitor legal developments. Court rulings may inform future enforcement trends and policy shifts.
- Prepare for contingency. Have protocols in place should an employee’s work authorization suddenly terminate.
As litigation proceeds, it remains critical for stakeholders—including employers, universities, and affected students—to monitor developments and adhere to policies that maintain compliance with federal regulations.
