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Philip Levin & Associates

Immigration Law

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  • Home
  • Practice Areas
    • Hearings & Appeals
    • Deportation, Removal & Asylum
    • Family Immigration
    • Marriage
    • Employment Visa
    • H-1B Work Visas
    • E-1 & E-2 Visas
    • Labor Certifications
    • I-9/Worksite Enforcement
  • Attorneys
    • Philip M. Levin, Managing Partner
    • Don L. Pangilinan, Associate
    • Alec P. Wilczynski, Of Counsel
    • Ana Gandara, Of Counsel
    • Cara Cox, Associate
    • Rachel Goodman, Associate
  • Blog
  • Testimonials
  • Contact Us

Impact of Modifications of the Student and Exchange Visitor Program (“SEVP”) to Nonimmigrant F-1 (Academic) and M-1 (Vocational) Students

On July 6, 2020 SEVP announced a modification to the F-1 and M-1 nonimmigrant student programs as a result of many U.S. educational institutions temporarily changing from in-person to online instruction, or a hybrid of the two, in the Fall 2020 term as a result of the COVID-19 pandemic.

What We Know:

  • Nonimmigrant F-1 and M-1 students will not be permitted to enter or remain in the United States in educational programs that are changing to “fully online” for the upcoming Fall semester.
  • U.S. Customs and Border Protection will not admit students enrolled in such programs, and those presently enrolled in the U.S. will be required to depart the United States unless they transfer to a school, college or university maintaining in-person instruction.
  • U.S. Department of State will not issue visas to students enrolled in an institution that is switching to online instruction in the Fall. Such students will be required to continue their studies abroad.
  • For those who fail to transfer to a qualifying institution or to timely depart the United States, the U.S. Department of Homeland Security (“DHS”) is threatening “immigration consequences” to include the possibility of initiating removal proceedings for students who overstay.
  • F-1 students enrolled in regular in-person programs of instruction (not entirely online), they may enroll in a maximum of one class (3 credit hours) of online instruction per term—all remaining coursework must be in-person in order for the student to be permitted entry, or to remain, in the U.S.
  • For F-1 students enrolled in “hybrid model” instruction involving both in-person and online coursework, DHS will permit students to remain in the U.S. if the school properly certifies to SEVP via Form I-20 that (a) the program is not entirely online, (b) the F-1 student is not enrolled exclusively in online coursework in the Fall, and (c) the student is making normal progress in their degree program.
  • F-1 English language training and M-1 vocational programs must all be conducted via in-person instruction—no online instruction is permitted in any amount.

What We Know:

  • For F-1 and M-1 students, maintaining status in the U.S. for the upcoming Fall term will require enrollment in an in-person course of instruction ASAP—no grace period or exemption is provided, irrespective of the start of Fall term beginning in August/September 2020.
  • Students who are unable to change institutions by the start of the Fall term should prepare to depart the U.S. and continue their studies abroad, until their U.S. school elects to return to in-person instruction.

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Practice Areas

  • Family Immigration
  • Marriage
  • Employment Visa
  • H-1B Work Visas
  • PERM Labor Certification
  • E-1 & E-2 Visas
  • Hearing & Appeals
  • Deportation, Removal, Asylum
  • I-9/Worksite Enforcement
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San Francisco, CA 94133

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Santa Clara, CA 95054

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San Rafael, CA 94903

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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. PL&A will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

PL&A will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. PL&A will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on PL&A to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. PL&A will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.