EXPLICANDO COMO DETECTAR SE SEU CURSO NOS EUA ESTÁ DENTRO DA REGRA IMIGRATÓRIA!

Learn how to verify if your U.S. course complies with SEVP rules to avoid immigration issues during green card adjustment.

Key Takeaways

Hybrid courses must have mandatory physical attendance to count as in-person for immigration purposes.
USCIS applies a factual test to course attendance that may differ from the school's classification.
Maintaining full-time student status requires at least 12 credits per semester with limited online credits.
I-485 adjustment of status can be denied if the course does not meet SEVP full course of study rules.
Students should proactively verify course compliance and gather documentation to avoid immigration issues.

What the video covers

Explanation of immigration concerns for international students on F-1 visas regarding course compliance with SEVP rules.
Discussion on the impact of hybrid courses on maintaining full course of study status required by USCIS.
Clarification of the difference between genuine hybrid courses with mandatory in-person attendance and sham hybrids.
Details on how USCIS retroactively evaluates course attendance and structure during I-485 adjustment of status.
Importance of maintaining at least 12 credits per semester with a maximum of 3 credits allowed online for F-1 students.
Examples of I-485 denials due to courses being classified as hybrid but not meeting federal attendance requirements.
Advice on asking DSOs specific questions about course structure and attendance to ensure compliance with immigration rules.
Explanation that SEVP certification applies to schools, not necessarily to the specific delivery method of each course.
Emphasis on the need for proper documentation such as syllabi and attendance records to support immigration cases.
Tips on preparing for potential immigration scrutiny regarding hybrid course attendance and full-time status.

Chapters

What defines a hybrid course as compliant with SEVP rules?

A hybrid course is compliant if it requires mandatory physical attendance for instructional activities beyond the allowed three online credits per semester, ensuring it counts as in-person for immigration purposes.

Why can a course certified by SEVP still cause problems during green card adjustment?

SEVP certification applies to the school, not necessarily the specific course delivery. USCIS may retroactively assess if the course met mandatory attendance rules, potentially leading to denial if it was mostly online or sham hybrid.

How many online credits can an international student take without violating full course of study requirements?

International students on F-1 visas can take up to three online or distance learning credits per semester, but must maintain at least 12 total credits to meet full-time enrollment requirements.

Full Transcript — Download SRT & Markdown

Speaker A

Hi everyone, how are you? Welcome back to another video here on the channel. Dani Azeredo here to update you on immigration—not just to update, but also to provide explanations, because I know many of you have questions, especially those here on a student visa.

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wanting to take a course, whether it's an academic degree or even those already studying an academic degree.

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Wanting to take a course, whether it's an academic degree or even those already studying an academic degree.

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about their journey in the United States. From the moment they entered the U.S., whether with a student visa or even a tourist visa and then switched to a student status, they are being questioned about this journey, and often these questions also apply to

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Why? Because you've noticed that immigration is changing, and the stance of immigration regarding students is shifting. We have the new rule, right, which goes into effect on September 15th. Furthermore, we are also noticing that students are being questioned.

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How do I know if my course complies with SEVP rules and won't cause me problems down the road when I decide to apply for a green card through work, for example? And when you're in the adjustment phase and immigration asks:

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About their journey in the United States. From the moment they entered the U.S., whether with a student visa or even a tourist visa and then switched to a student status, they are being questioned about this journey, and often these questions also apply to.

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how can that be if my course is certified by SEVP? My school is certified, so I believed everything was fine. Then at the end, during the adjustment of status, you are questioned about whether your course actually was or wasn't—or rather, was

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The course the person chose, right? Whether that course is actually in accordance with SEVP rules. And that's where many people get confused, right?

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understand if the course you are taking is indeed safe and within SEVP rules. In other words, if you are in a full course of study, which is exactly what USCIS will require for an adjustment of status based on employment, for example

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How do I know if my course complies with SEVP rules and won't cause me problems down the road when I decide to apply for a green card through work, for example? And when you're in the adjustment phase and immigration asks:

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limit. For those who don't know, an international student normally has to take at least 12 credits per semester, and of those 12 credits, three can be distance learning or online, okay? So that is why we are explaining this

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"But was your course hybrid?" "What do you mean your course was hybrid?" So it isn't following the full course of study rules, right? Which is what we call the specific rule for international students, the F-1 student. And many start asking themselves, but.

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course is considered hybrid and does not count as an online course for immigration purposes. In other words, there are practically two types of hybrid. The genuine hybrid, with mandatory presence for part of the instruction, which counts as in-person

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How can that be if my course is certified by SEVP? My school is certified, so I believed everything was fine. Then at the end, during the adjustment of status, you are questioned about whether your course actually was or wasn't—or rather, was.

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20 from the school has certified the program as hybrid. I-485 denials, even with a course certified by SEVP. For those who don't know, the I-485 is the adjustment of status. It is that last phase of the green card process, okay?

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Or wasn't within the rules. So, guys! I’m going to bring you a super informative video that I think is worth sharing and taking notes on, so you can also ask important questions to the DSO at the university where you study, to.

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touch saying, you know, that they are receiving information from colleagues, people in groups, that they are having their I-485 denied precisely because of hybrid classes, right? So many people are asking, but why is immigration denying it if the school is certified

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Understand if the course you are taking is indeed safe and within SEVP rules. In other words, if you are in a full course of study, which is exactly what USCIS will require for an adjustment of status based on employment, for example.

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. The DSO certifies students based on the university's own internal classification. But then USCIS, which is the immigration agency—and that's not the CBP, okay folks? They are different agencies, different departments. When adjudicating the I- 485, that is, when judging the

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Okay? So let's explain to you the difference between a genuine hybrid and a "sham" hybrid. That's right, genuine hybrid versus sham hybrid. Let's first explain what the term hybrid means, right? A hybrid course is only treated as in-person outside the three-credit.

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perspective, having classified it as hybrid in the catalog, and yet USCIS might disagree because there are two different levels of analysis. The school's administrative classification versus the federal rule’s factual test applied retroactively by the immigration case officer. Documentation

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Limit. For those who don't know, an international student normally has to take at least 12 credits per semester, and of those 12 credits, three can be distance learning or online, okay? So that is why we are explaining this.

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actual structure of the course. Now, absences that can weaken your USCIS case if you are in a hybrid course.

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Issue. So let's go. A hybrid course is only treated as in-person outside the three-credit limit if physical presence on campus is mandatory for instructional activities, classes, exams, discussions, labs, etc. If the student's physical presence is required for instructional activities, the.

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by session, term, or semester, okay? It is not by year. That’s why some people say, "Oh, but my university— actually, let’s not say university, let's say course—my course only requires me to go twice a year." No, remember that the international student

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Course is considered hybrid and does not count as an online course for immigration purposes. In other words, there are practically two types of hybrid. The genuine hybrid, with mandatory presence for part of the instruction, which counts as in-person.

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As the rule itself says, it operates by course, session, term, or semester, not by year and not at the program level as a whole. The test isn't how many in-person days the program requires per year; it’s: does this specific course

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Outside the three-credit limit, and the sham hybrid. The university calls it hybrid, but attendance is optional or only technically available without a real requirement. In practice, it works as online and counts toward the three-credit limit, even if the SEVP/I-.

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to bring it back here for me just so we can provide some context. There was a case, right, that got quite a lot of attention in some groups, where a person claims their adjustment of status was denied through an EB3 visa

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20 from the school has certified the program as hybrid. I-485 denials, even with a course certified by SEVP. For those who don't know, the I-485 is the adjustment of status. It is that last phase of the green card process, okay?

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mentioned, stating that the adjustment wouldn't be possible because the person wasn't maintaining their student status , as their course was a distance learning program and fell outside the SEVP rules, which is the full course of study. So, for that reason, they denied

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For those who are here in the United States and apply for a green card process through work or through marriage, through family, there is the adjustment, which is the last phase, right, which is the I-485. What is happening? Some people are getting in.

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They are the ones who decide according to the regulations. So, if they identify, if they ask you: "Oh, send us all your course syllabi, attendance, etc.," they will look to analyze if the course you are taking, the practical

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Touch saying, you know, that they are receiving information from colleagues, people in groups, that they are having their I-485 denied precisely because of hybrid classes, right? So many people are asking, but why is immigration denying it if the school is certified.

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for maintaining student status. That is where the USCIS can reject the adjustment of status, because they will identify that perhaps your course is not within the rule and, therefore, you are not maintaining your student status in the United States. That is where all

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By SEVP? So, let's explain. SEVP certification is about the school being authorized to admit an international student. It is not a pre-approval that every specific course, the way it was taught in practice, meets the regulatory test of mandatory attendance.

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Let’s continue with the explanation because it is quite valuable, folks. Why then do the three days per year almost certainly not pass the test? If the three in-person days are a general program requirement spread throughout the year, for example, an intensive

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The DSO certifies students based on the university's own internal classification. But then USCIS, which is the immigration agency—and that's not the CBP, okay folks? They are different agencies, different departments. When adjudicating the I-.

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explain it once more, just so you understand. Let's assume you are studying and you've chosen your 12 credits. Of these 12 credits, three are online, which you are allowed to take remotely, and the other nine. So you have to study them in person. Then you

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485, that is, when judging the adjustment of status, they perform their own factual analysis on whether physical presence was actually required by looking at the course's actual structure, the syllabus, attendance policy, and if exams or activities required presence. This means the university might be right from its.

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semester, at the end of the semester, you have to see if each day covers the credits for that course being taught online. Let's assume sociology. If you take sociology classes online, but at the end of the semester the university

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Perspective, having classified it as hybrid in the catalog, and yet USCIS might disagree because there are two different levels of analysis. The school's administrative classification versus the federal rule’s factual test applied retroactively by the immigration case officer. Documentation.

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taking, which should be in-person, right? Because they would be within the scope of the nine in-person credits, but you're taking them online. But then your school asks you to attend in-person classes twice a semester or once a semester. When you go, what you

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Points that usually decide these cases. So, evidence that can help support a genuine hybrid. Syllabus explaining and specifying mandatory attendance on specific dates, attendance policy with records, exams, activities that could only be done in person, and written confirmation from the DSO regarding the.

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semester needs to have continuity in person. Exams, presentations, it has to be the same credit you're doing in person at the end of the semester. So it has to be in agreement. That's why often when universities only meet twice

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Actual structure of the course. Now, absences that can weaken your USCIS case if you are in a hybrid course.

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continue because there is still a lot to talk about regarding this. Let's then bring up a scenario, okay? All courses for that semester would be classified as online for immigration purposes, regardless of whether the school calls the program hybrid. Only

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Syllabus silent on attendance requirements, hybrid course being 100% asynchronous in practice, all exams online—even in a course labeled hybrid—with only the label in the course catalog. What is the rule? Well, the rule, folks, is in the CBP regulations, and it operates by course,.

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in the eyes of the ISASS, have only three valid credits, far below the level, far below the full-time minimum.

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By session, term, or semester, okay? It is not by year. That’s why some people say, "Oh, but my university— actually, let’s not say university, let's say course—my course only requires me to go twice a year." No, remember that the international student.

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exams, or activities for this course this semester? If yes, it counts as in-person, outside the three-credit limit. If no, it counts as online, within the three-credit limit. Another question: is this requirement documented in the syllabus, attendance policy, and schedule? If yes, it

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Credit breakdown is done by semester. It's 12 credits per semester, okay? So let's explain a little bit about that.

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semester, it's more defensible. If it's a generic annual one, and the school only asks for two in-person attendances per year. Then it's a generic annual one, and there is a high risk of immigration not accepting it. So, let's

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As the rule itself says, it operates by course, session, term, or semester, not by year and not at the program level as a whole. The test isn't how many in-person days the program requires per year; it’s: does this specific course.

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account. Two days per semester for in-person classes. The person spends the entire semester studying online and only goes in-person for two days in the semester. So, where does the defense for the ISASS work? The regulatory test , which is in the code, in the DHS

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In this specific semester, require physical presence for classes, exams, and other activities integral to its completion? Then comes the question, right? But why does three days a year almost certainly not pass the USCIS test? There was a case, I'll ask Vitor.

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not an extra. This specific course can be defended as outside the online credit limit, because physical presence is, in fact, required to complete the course. Now, where does the defense stop on this issue? This is the point that usually goes unnoticed, you know?

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To bring it back here for me just so we can provide some context. There was a case, right, that got quite a lot of attention in some groups, where a person claims their adjustment of status was denied through an EB3 visa.

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Do you understand? This is the part where people usually get confused. I will explain it again after the cards to make it easier, okay? So let's go.

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Process. They applied for an EB3 unskilled visa and were studying an academic degree course, but they were attending a university located in another state, right? And the USCIS simply denied this person's adjustment of status, according to what they.

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the one-course limit, meaning three credits combined. So you have to pay close attention to this point. Vitor, come back to me, please, so we can discuss this issue. So, pay close attention so you don't get confused.

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Mentioned, stating that the adjustment wouldn't be possible because the person wasn't maintaining their student status, as their course was a distance learning program and fell outside the SEVP rules, which is the full course of study. So, for that reason, they denied.

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three credits that you take online must have physical compensation, a physical class. So you have to look, when you go to the physical classes of your semester, you have to see if the day you are having that class is precisely

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The adjustment of status. If we look at the rule, it's true, the rule exists precisely for this purpose. As I mentioned, the SEVP is one department and the USCIS is an immigration agency.

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online, then it means it is a fake hybrid. Exactly. So you have to pay a lot of attention. I'll explain it again , because I know it's confusing to talk about credits. I know it's confusing to talk about this subject of genuine

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They are the ones who decide according to the regulations. So, if they identify, if they ask you: "Oh, send us all your course syllabi,

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you still have to do mandatory two-day residencies at the end of the semester. " You have to see if that residency, if the credits you are doing, that mandatory in-person residency is equivalent to the same credits as when

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you are taking the online classes. It has to be the same credit. In other words, if you studied it online at the beginning, you have to finish the semester studying it in person. It must have the in-person part to be

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considered a genuine hybrid. If you go to the in-person part studying other courses that were not the ones you were taking online, for example, then you can see that you are not fulfilling only the three credits, you are taking

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many more credits online than in-person credits. Did you understand, everyone? I know it might seem confusing, but if it’s still unclear, I’ll make another video explaining it better. But I wanted to bring up this subject, as it is a very important topic. Do we

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have more content here, Vitor, to go over? We have, uh, a practical example. Great. Scenario. A student with four online courses, a two-day residency, covering exams and presentations for all four. One could argue that all four are outside the limit; it's a much

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stronger case because they are studying —look, they're studying four online courses, but in the two-day residency they attend, they will take the exams and do the presentations for those four courses they were taking online previously. That is a genuine hybrid. A

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student with four online courses, where the residency covers only one course. So, out of the four you took, when you go in person, you only do the presentation or exam for one course.

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Then only that course falls outside the limit. The other three remain under the three-credit cap, combined, and the student may then be below full-time status. Residency only happens once in the entire program, not every semester.

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Except for the semester in which it occurred, the other semesters remain subject to the normal test. So, think about this carefully. Anything else, Vitor? Look, this is very important, folks. Three conditions that need to be documented for the defense to hold up.

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Actual mandatory participation. It cannot be recommended or optional. It must be written in the syllabus as a requirement for course completion.

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Direct link to an assessment that counts toward a grade, an exam, or a formal presentation. Not a social dynamic or general orientation.

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Recurrence each term. If the student depends on this logic to maintain full-time status, the residency must happen, or the equivalent mechanism must repeat every relevant semester, not just once in the program. One observation. If you are in doubt about

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your course, talk to the DSO and ask for a specific certification each semester, course by course, stating which ones qualify as in-person because of the residency, with the date and nature of the in-person assessment, and which ones remain online within the

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three-credit limit. This creates a paper trail that holds up better to a USCIS review than just a hybrid label in the course catalog. So here is a very important tip. If you are in doubt , ask your DSO for the course-by-course

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breakdown so you have this document in hand. That way, when you apply for your EB1, EB2, EB3, or EB4, if they question whether you actually had a "full course of study," which is what maintains student status here, you can prove it

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by saying, "No, I have a letter from my DSO stating that for all the courses we took online, we also had mandatory in-person residency for them, and I only kept three credits online," as per CVP rules. At least, folks, you’ll be

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protected down the road, okay? You even protect yourself for an extension, because remember that under the new rule, when you change your course, you need to request an extension from USCIS , right? And you will obviously have to

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justify that extension, because they will look at your history as well. They might ask questions about your hybrid course. So you need to be prepared for that, too. I’m giving you a tip to get prepared and organize your

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documentation now, so that if you are questioned by USCIS, you already have a defense regarding your hybrid status, knowing whether it is a genuine hybrid or a "fake" hybrid. Does that make sense? That was long. I apologize for

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the video being so long, but I believe it was quite instructive, you know, guys? Especially because there was a lot I needed to say, but it is important that we explain this as well.

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I know it might generate some questions or controversy. That’s part of the game, because we are here to inform with responsibility, but I think it’s important to talk about these definitions of "genuine hybrid" and " fake hybrid" so you can understand.

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Because I see a lot of people saying, " Wow, but my classes are online, but I go to the university so many days or so many times a semester or a year, for example, and they told me it’s all

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fine." Maybe it’s fine for the university, but it may not be for USCIS , or it may not be in compliance with the CVP rule to maintain your student status. That is why it’s important to question your university, and not just

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question them, but know how the math behind it works. The math I showed you today, which is actually very simple, really helps you understand whether your course is truly complying with the CVP rule or not. So, here's a tip. If

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you are still in doubt about compliance , contact your DSO and ask about your course syllabus, attendance requirements, how mandatory residencies work, and which credits count as mandatory residencies, and save all this documentation, because it will be very important if the USCIS questions

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you later. Well, that's it, guys. I hope you enjoyed it. If you liked it, leave a like to help Dani out. Share the video, because good information should be shared. If you can, also follow me on my social media, as there

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is a lot of content there too. I always try to answer your questions about immigration and updates on what is happening over there as well. There is a lot of news, you know? And if you are looking for professional support for

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the United States, get in touch with us at Start América. Here is our customer service WhatsApp. You can send a "hi" there and say exactly what you need so we can see how we can help you on this

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journey too. And if you are also looking for ways to work legally in the United States, we have openings that sponsor work visas and employment-based green cards. Get in touch with us to get more information on how these

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opportunities of ours work for those who want to work legally here on American soil. Well, guys, I'll leave it here. A big kiss to you all and see you next time, okay? Kiss. Bye. Bye.

Topics:SEVP rulesF-1 student visahybrid coursesUSCISI-485 adjustment of statusgreen cardinternational studentsfull course of studystudent visa complianceimmigration rules

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