Open-ended duration of status admissions for foreign students and exchange visitors would be replaced with fixed stays under a proposed rule issued by the U.S. Department of Homeland Security (DHS) on Aug. 28.
Since 1991 for students with F visas and 1993 for exchange visitors with J visas, individuals have generally been admitted for duration of status, allowing them to remain in the U.S. for the length of their program plus a grace period without filing an extension, as long as their status remains valid.
Duration of status for F visa holders is generally the time during which a student is pursuing a full course of study at an educational institution or engaging in authorized practical training following completion of studies, while duration of status for J exchange visitors — including researchers, interns, and trainees — is the time during which they are participating in an authorized program.
Under the proposal, admission would be limited to the program end date listed on Form I-20 (for F-1 students) or Form DS-2019 (for J-1 exchange visitors), not to exceed four years, plus 30 days for departure. Those needing additional time for program extensions, transfers, or post-completion training would have to apply for an extension of stay with U.S. Citizenship and Immigration Services (USCIS), providing updated documents, biometrics, fees, and evidence of at least one year of financial resources.
The proposed rule would also change how and when F and J visa holders begin accruing unlawful presence. Currently, unlawful presence begins to accrue if USCIS or an immigration judge finds that the individual has violated their status. Under the proposed rule, unlawful presence would begin accruing as soon as the specified admission period expires.
Other proposed changes include shorter grace periods for arrival and departure and stricter rules for program transfers and changes of major.
DHS said in the proposed rule that replacing duration of status admission with fixed time periods of authorized stays is consistent with other temporary immigrant classifications and would provide additional protections and oversight of F and J visa programs.
If finalized as proposed, the regulation would create new compliance and administrative responsibilities for affected foreign students and their schools, exchange visitors and their program sponsors, and employers. Additionally, the changes would result in an increase in the number of extension applications filed with USCIS, exacerbating existing backlogs.
The Trump administration proposed a similar rule in 2020, but it was withdrawn by the Biden administration in 2021. A 30-day public comment period is now open.
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