On December 20, 2021, the U.S. Department of State (DOS) updated the Foreign Affairs Manual (FAM), which governs DOS operations and is used by consular officers in determining visa eligibility, to restore helpful guidance related to students seeking to study in the U.S. While acknowledging that F-1 or M-1 students must possess a foreign residence that they have no intention of abandoning and must have the present intention to depart the U.S. upon completion of their studies, the new guidance recognizes that young students do not typically have the strong ties to their home countries (e.g., family, property, employment, etc.) that is typical of other temporary visa applicants. The revisions should help deter denials of student visas by consular officers based on speculative conclusions about applicants’ future plans and possible immigrant intent.
DOS Revises FAM Provisions on International Students' Ties to Their Home Countries