While the DOJ memorandum references 8 CFR 248.1(c), which since 12th April 2002 has prohibited persons admitted to the US under a B-class visa from undertaking a course of study (at an approved school) without first applying for a change of nonimmigrant classification, it fails to address the definition of "
full course of study" used in INA(15)(M) establishing the M-class visa.
The definition of "
full course of study" is made at 8 CFR 214.2(m) (
FDsys PDF link)
pp 343–345 of the linked extract:
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(m) Students in established vocational
or other recognized nonacademic institutions, other than in language training
programs—
...
(9) Full course of study. Successful
completion of the course of study must
lead to the attainment of a specific
educational or vocational objective. A
‘‘full course of study’’ as required by
section 101(a)(15)(M)(i) of the Act
means—
(i) ...
(ii) ...
(iii) Study in a vocational or other
nonacademic curriculum, other than in
a language training program except as
provided in § 214.3(a)(2)(iv), certified by
a designated school official to consist
of at least eighteen clock hours of
attendance a week if the dominant part
of the course of study consists of classroom
instruction, or at least twenty-two clock
hours a week if the dominant
part of the course of study consists of
shop or laboratory work; or
(iv) ...
...
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This raises the fairly obvious question of how aliens are supposed to lawfully seek admission to the US for short courses of study falling below this threshold?