The five month rule refers to the termination of a student’s record in the Student and Exchange Visitor Information System (SEVIS) based on the student being away from classes or not in status for five months. This rule applies to the following students:
- Students who have had their student record terminated (i.e., been out of status) for more than five months; and
- Students who have spent more than five months outside of the United States during an absence from school, excluding those participating in authorized study away program.
If your student record is terminated, you fall under the five-month rule and you wish to return to the United States as a student, you will need to obtain a new/initial Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," with a new SEVIS ID and pay the I-901 SEVIS Fee again. Only if your current student visa is no longer valid, do you possibly also need to apply for and receive a new student visa.
Notify your DVS advisor if you must depart the U.S. to study abroad, medical reasons, a leave of absence or withdrawals. The advisor will evaluate your situation and provide detailed instructions on the visa requirements for re-admission to Duke University.
Re-Admission After an Absence of 5 Months or More
Requirements for Undergraduate Students
- Contact the Time Away Office for written re-admission approval.
- The Office of Student Returns will send notification to DVS of the approved re-admission.
- DVS will generate and send a new Webform application to the student for completion.
- After DVS receives a completed Webform and supporting documentation, a new I-20 will be issued and mailed to the student.
- The student must pay the I-901 SEVIS fee.
- The student must check with the local U.S. consulate to verify whether or not a new visa stamp/foil is required for reentry.
- The student must present the new I-20 and new SEVIS fee receipt at the U.S. port of entry. Your previous I-20 will have been terminated and the student will be denied reentry to the U.S.
Requirements for Graduate School and Professional Students
The Re-admission process varies per School. Check with your Director of Graduate Studies (DGS) to verify the process for re-admission to your academic program.
- Please have our Leave of Absence or Withdrawal Notification form completed by your Academic Dean of Academic Programs or Director of Graduate Studies.
- When the student receives written notification of the approved re-admission, this information should be submitted to DVS.
- DVS will generate and send a new Webform application to the student for completion. The International Programs Office will generate the new Webform for returning Fuqua students.
- After DVS receives a completed Webform and supporting documentation, a new I-20 will be issued and mailed to the student.
- The student must pay the I-901 SEVIS fee.
- The student must check with the local U.S. consulate to verify whether or not a new visa stamp/foil is required for reentry.
- The student must present the new I-20 and new SEVIS fee receipt at the U.S. port of entry. Your previous I-20 will have been terminated and the student will be denied reentry to the U.S.
The new (Initial) I-20 will restart the student’s F-1 benefits clock. This means the student must be enrolled full-time for 1 academic year after the start date of the I-20 to receive Practical Training or off campus employment.