Questions asked as part of phenomenographic research are used to critically synthesize findings from the case studies in this issue of English-medium instruction (EMI) in transnational higher education (TNHE). With respect to whether EMI in TNHE can be considered a phenomenon, it is suggested that the phenomenon is more discursive than empirical. Student and instructor perceptions of the phenomenon reveal a critical awareness of the policies that structure the learning environment and agency that takes advantage of the policies' discursive nature to create alternative, multilingual language practices and improve learning. A gap between policy and practice that allows for negotiation of the E's in EMI and TNHE, English and education, is hence called for.