On August 28, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register that would eliminate the “duration of status” (D/S) framework for F (academic student), J (exchange visitor), and I (foreign media representative) visa holders.
Under the proposal, F and J visa holders — the categories that cover most international students as well as visiting scholars, researchers and exchange participants — would no longer be admitted for an open-ended “duration of status.” Instead, they would be admitted for the length of their program as listed on Form I-20 or DS-2019, capped at four years per admission period, plus 30 days for departure. To remain beyond that date, individuals would need to file a timely extension of stay application with U.S. Citizenship and Immigration Services.
Explaining the change, DHS notes that open-ended admissions under D/S do not provide officers with enough opportunities to verify compliance and have “undermined DHS’s ability to effectively enforce compliance with the statutory inadmissibility grounds related to unlawful presence and created incentives for fraud and abuse.”
The proposal also outlines how current students and exchange visitors admitted for D/S would transition to the new fixed-date system. Those individuals would be allowed to remain in the United States through the program end date noted on their Form I-20 or DS-2019, up to four years from the rule’s effective date, plus the standard grace period (60 days for F, 30 days for J). After that point, they would need to request an extension of stay or seek re-admission at a port of entry.
The proposed rule will be open for public comment for 30 days beginning August 28. CUPA-HR is reviewing the proposal in detail and will provide further analysis in the coming weeks.