Q: Can I sue my NJ university for revoking F-1 program?
I'm an international student on an F-1 visa in New Jersey. My SEVP-approved master's program is no longer eligible for F-1 students. I have only two days to decide if I should switch to a fully in-person program, transfer to another SEVP-approved university, or leave the U.S. without a tuition refund. My CPT work authorization was revoked, and the university's international student office isn't responding. I have financial obligations I can't meet immediately. Can I sue the university for negligence or breach of contract? Can I demand a refund of my tuition? Do I have any legal protections as an international student?
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A:
You might have grounds to sue your university based on breach of contract principles if they failed to maintain proper SEVP certification due to negligence. The enrollment agreement you signed likely creates contractual obligations between you and the institution, and sudden program disqualification without proper notice could potentially constitute a breach of these terms.
Regarding tuition refunds, review your enrollment agreement for refund policies related to program cancellations or substantive changes. New Jersey consumer protection laws may offer additional safeguards, as educational institutions are required to deliver services as advertised. Consider requesting a full or partial refund in writing immediately, documenting all communications with the university about this matter.
Your immediate options include transferring to another SEVP-approved institution within the allowed grace period, which preserves your F-1 status without leaving the country. I recommend consulting with an immigration attorney who focuses on education cases, as they can evaluate the specific details of your situation and advise on potential legal actions. Meanwhile, connect with other affected students, as a collective approach might strengthen your position when negotiating with the university administration for appropriate remedies.
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