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After attending their recent presentations on the current international student visa situation in the United States, 51�Թ� members Renee Lurie and Christian Shull invited immigration attorney Nicole A. Wesley and former Foreign Service Officer (and current 51�Թ� Associate member) Todd Pierce to share their insights.

Note: The student visa landscape is unpredictable. Executive actions may ultimately be altered or suspended by courts, and outcomes often differ from initial statements. While 51�Թ� seeks to avoid partisanship in Insights, actions taken by President Trump to reshape when and if international students can study in the United States have shifted this into the political arena. This interview reflects that politicization. We welcome all points of view; contact us at [email protected].

Todd Pierce: I’m glad to see the initial court stays on these actions by the current administration. But I’m not sanguine about higher courts finding against the administration. Even if they do, I can see the administration either ignoring those decisions or accomplishing the same goal—depriving US universities of the income provided by international students—through different methods.

Nicole A. Wesley: Yes, I see the tactic here by the administration as one of “chilling” international student interest. I believe we should closely watch changes to post-graduation work opportunities (H1-B, CPT, or OPT programs) since those would certainly dampen international students’ enthusiasm.

What questions might a visa clerk ask during a student visa application interview?

Pierce: In most cases, applicants for F, M, or J visas will be interviewed in person at a US embassy or consulate. Here are some questions that they may be asked:

• Why did you choose this school?
• What will you study?
• How will you cover tuition costs and living expenses?
• Do you have family members in the United States?
• What are your career goals?

Wesley: Applicants need to also be prepared to answer:

• Have you engaged in any activity that could have “potential adverse foreign policy consequences”?
• What organizations (professional, political, etc.) have you been associated with?

As the US government utilizes more AI-based tools to scour social media, independent educational consultants (IECs) should examine students’ social media profiles to (1) identify any issues early in the application process and (2) ensure that answers provided at interviews (consulate or border) are consistent with applicants’ social media accounts.

What happens if a student visa is denied? Can students find out why?

Pierce: When a visa request is denied, the applicant receives a form letter stating why. Unfortunately, it is vague. In most cases, the justification simply states that the applicant has not demonstrated sufficiently strong bonds to their country of citizenship. Remember, with visa issuance, there is a presumption that the applicant intends to immigrate; the burden of proof that they do not plan to immigrate to the United States lies with the applicant.

However, there is no way to determine precisely why those ties were considered insufficient. Was there not enough money in the bank account? Is the job market in the applicant’s home country weak, making it unlikely that the applicant will return?

Wesley: As a practical strategy, the student should reapply and “beef up” the application; show the money first. Use the DS-160 form’s open-text fields to communicate with the officer and highlight scholarships and grants. For example: “$XX,XXX total scholarships, covering XX% of education expenses. See school grant letter.” Highlighting information in the DS-160 form helps officers identify which documents to review during the interview. Students should be prepared to explain their post-study plans.

Do students with more than one passport face any risks at the point of entry?

Wesley: No. People often ask if they can resolve a problem with one type of passport (for instance, a previous overstay) by using a passport from another country for their next entry. The answer is “no” because a person’s history in the United States is linked to their fingerprints.

What paperwork should students have ready for Customs and Border Protection (CBP)?

Wesley: They should bring a transcript, especially if they are doing well in school. This shows how much a student has already invested (in tuition and time). Of course, students also need to be prepared to demonstrate how they are financing their studies.

What questions might an immigration officer at the US Border Patrol ask? What are the do’s and don’ts at the point of entry?

Wesley: At the airport, CBP officers have the right to inspect incoming passengers’ phones because airports are designated as sensitive national security locations. Officers will review apps, social media, and messages.

Students arriving on OPT should confirm that their current employer is correctly listed on their I-20 and be prepared to explain how their OPT employment relates to their field of study. Proof of employment (a paycheck or an employer letter) can be helpful. This could be an area of scrutiny in the future.

What are the immigration risks of studying in the United States? Could a student’s visa be canceled unexpectedly? Could they end up in jail?

Wesley: Students in the United States have constitutional protections.

Due Process: These protections require immigration to provide notice and an opportunity to contest any “derogatory information” before canceling a student’s I-20.

Freedom of Speech: The Mahmoud Khalil case is testing the boundary between protected free speech and the threat to US foreign policy and national security.

Once a student travels outside the United States, however, these legal tools are not at our disposal. So, I advise students to minimize international travel. Similarly, if ICE again attacks students, such as the termination of I-20s, students should not leave the United States. Note that students who fled the United States in April 2025 after their I-20s were terminated are now struggling to return.

Importantly, since early April 2025, we have not observed additional arrests of students due to their political opinions. The administration’s future focus will likely be on canceling and denying visas abroad because those students do not enjoy constitutional protections.

What are the risks of traveling even if the student has a student visa? Are visa holders at risk of deportation at the border?

Wesley: Since the shocking incidents in March 2025 (denying entry based on political opinions), we are not seeing these types of denials at the border. It is standard practice for CBP to deny entry at the border because of criminal history or prior immigration violations (overstay, working, etc.). CBP phone searches can reveal an applicant’s impermissible intent to stay or work.

One lingering question is how much the US Department of State’s perspective on unacceptable social media posts will influence the analysis of social media posts by CBP officers at the border. Keep in mind that the Department of State’s positions do not bind CBP.

What are the risks of a university losing its ability to have international students (like Harvard)?

Wesley: The federal court’s swift rejection (twice now) of the attempt to revoke Harvard’s SEVP authorization suggests the unconstitutionality of this type of government strategy. Typically, a school loses the ability to host international students only when it has committed a serious violation such as losing its accreditation. Students are warned so they can transfer to other schools.

It is unclear how long the government’s suspension of all visa interviews for F, M, and J categories (effective May 27, 2025) will last. The State Department has indicated the suspension will end “sooner rather than later” and will not last “weeks or months.” I suspect that if the suspension continues for a prolonged period, we will face court cases questioning the constitutionality of the suspension.

Pierce: I am more pessimistic. The administration chose Harvard because the school defied the government’s orders, and the administration wanted to target the biggest fish as a message to other US universities.

The fact that Harvard did not question DHS’s authority to suspend Harvard from the program, but instead went the First Amendment route, is telling. The State Department’s May 27 announcement that it is suspending student visa interviews until it establishes a standard operating procedure (SOP) for reviewing social media posts indicates to me that it is serious about reducing the number of international students at US schools.

What should we tell students about posting on social media?

Pierce: There are obvious cases, such as calling for the violent overthrow of the government, that would disqualify someone applying for any visa to most countries. However, that’s not what we’re discussing. Would a post that criticizes the US government be allowed? Would following a media outlet that criticized the United States be a barrier? We don’t know because the guidance has not been established, and even then, much is at the discretion of the visa officer.

Wesley: I agree with Todd; the ticking time bomb here is identifying what social media is disqualifying. A March 28, 2025, Department of State (DOS) cable instructs officers to deny or revoke visas for those individuals whose social media accounts “bear a hostile attitude toward US citizens or US culture (including government, institutions, or founding principles).” This implies that even following a media outlet critical of the government could serve as grounds for visa denial.

The DOS cable directs officers to deny visas on 214(b) grounds (the form letter citing insufficient home ties), even though the real reason may stem from something on social media that the officer interprets as a “hostile attitude” toward the US government.

What are the chances the OPT and/or CPT programs will be canceled? They offer significant incentives for international students pursuing careers in their field of study.

Pierce: This will be one to watch. Unlike the other items we’ve discussed, there is significant disagreement within the Republican Party on this issue. Additionally, since most students on OPT work in the tech industry, this issue is closely tied to the administration’s efforts to encourage tech companies to reshore or onshore their manufacturing operations in the US. For now, I am telling clients that the program remains in place but is more precarious than it has ever been.

Wesley: Scrutiny of CPT and OPT has ticked up in the last weeks, both at the border and via SEVP. Students should verify that their current employer appears on their I-20s and that the job listed clearly relates to their degree program.

Regarding the survival of CPT and OPT benefits, these are included in the regulations and would require new rulemaking to change, which takes time. Court cases have established that the Department of Homeland Security (DHS) has the authority to issue OPT and CPT but is not statutorily required to do so. I agree with Todd; this is worth keeping an eye on.

Glossary of Terms and Acronyms

Visa: A document, usually placed in a passport, that recommends the bearer be allowed to enter the United States. Most US visas are non-immigrant visas, which specify the purpose of travel and are valid for a particular length of time.

Student visa: There is no one “student visa.” The most common category for international students is the F visa, which allows the holder to study at an academic institution certified by the Student and Exchange Program (SEVP). The M visa is for study at a vocational institution. The J visa is for individuals participating in an exchange visitor program, such as the Fulbright Program. Many academics from other countries teach temporarily in the United States on J visas.

Bureau of Consular Affairs: This is the division of the US State Department that sets visa policies worldwide and tracks issuance.
CPT/OPT: Some F-1 students are eligible for practical training, of which there are two types: Curricular Practical Training (CPT) and Optional Practical Training (OPT).

Department of Homeland Security (DHS): The US department that oversees immigration, customs, border security, travel safety, and other related matters. For this article, the important parts of DHS are:

• Customs and Border Protection (CBP): Officers who staff ports of entry and are responsible for reviewing students’ visas upon arrival.
• Immigration and Customs Enforcement (ICE): Enforces US immigration laws. ICE operates detention centers, including the facility in Louisiana where Tufts student Rümeysa Öztürk was detained. Columbia student Mahmoud Khalil was also detained there. (Note that Khalil is a lawful permanent resident—Green Card holder—and was no longer on a student visa.)
• The US Citizenship and Immigration Services (USCIS): Establishes policies and oversees the Student and Exchange Visitor Program (SEVP).

Embassy: In almost all cases, a government has its embassy in the capital of the host country. Among other functions, the embassy’s consular section adjudicates visa applications. A consulate is located in a secondary city. In many cases, the consulate also conducts visa interviews.

Form I-20: This form is issued by a SEVP-certified university to a student who has committed to enroll. This form confirms the student’s admission and intent to attend. The student presents the I-20 at the visa interview; if the visa is granted, it must also be shown to the immigration officer upon entry into the United States.