STUDENT SEVIS TERMINATIONS- Legal Framework and Remedies

date, and the DSO has not registered the student, SEVIS will automatically terminate the record for “Transfer Student No Show.” • Exceeded Unemployment Limits (STEM or Post-Completion OPT) SEVP may terminate a record if the student exceeds the 90-day unemployment limit for standard post-completion OPT or the 150-day limit for STEM OPT extensions (combined). This termination may be initiated through a DHS adjudicator or SEVP batch enforcement. • Failure to Comply with I-515A If a student admitted to the U.S. under a Form I-515A (provisional admission pending document correction) fails to submit the required documentation to SEVP within 30 days, the system will terminate the record for “Failure to Comply.” • Failure to Repay I-901 Fee Chargeback If the SEVP I-901 fee payment is reversed (e.g., credit card chargeback), and the student fails to repay it when invoiced, the record may be terminated by SEVP for nonpayment. • Institutional Deauthorization If a school loses its SEVP certification or is formally withdrawn by DHS, SEVIS will automatically terminate all Active F and M student records associated with that institution. These termination actions are non-discretionary and typically do not require prior notice to the DSO or the student, although SEVP may issue alerts or compliance requests before executing the termination in certain cases.

DSOs should monitor their alerts and pending actions dashboard in SEVIS regularly and advise students of these critical system-based risks, particularly those on STEM OPT or in transfer status.

III. Visa Revocations by the Department of State (DOS) and Related Actions

While SEVIS terminations are typically initiated by Designated School Officials (DSOs) based on regulatory violations, a separate and less transparent set of actions — visa revocations — may be initiated directly by the U.S. Department of State (DOS), often independently of institutional reporting or SEVIS records. Generally, visa revocation alone does not automatically terminate a student’s current lawful nonimmigrant (F or M) status inside the United States. Instead, as explicitly stated in 9 FAM 403.11-3(B), DOS consular officers are prohibited from revoking visas of individuals already in the United States (or en route) unless the revocation relates specifically to DUI-based grounds or is executed directly by DOS’s Visa Office of Screening, Analysis, and Co ordination (CA/VO/SAC). However, in practical terms, a DOS visa revocation often triggers subsequent actions by the Department of Homeland Security (DHS). Upon receiving notice of a DOS revocation — especially when revocation is based on security concerns, inadmissibility findings, criminal arrests, or associations flagged as adverse — DHS typically initiates its own actions to terminate the individual’s SEVIS record, revoke nonimmigrant status, or issue a Notice to Appear (NTA) in

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