Washington, DC [US], July 17 (ANI): The US Department of Homeland Security (DHS) has officially announced the final rule to eliminate the “duration of status” framework for F, J, and I nonimmigrant visa holders.
The Department, in an official statement on Thursday, stated that this move will “officially eliminate the ‘duration of status’ loophole that allowed foreign students, exchange visitors, and media representatives to remain in the United States indefinitely without routine government oversight”.
Under the new regulation, these individuals will no longer be permitted to remain in the US indefinitely as long as they maintain their status; instead, they will be granted fixed periods of admission.
For F-1 students and J-1 exchange visitors, the new policy mandates that admissions be limited to the length of their specific program, with a maximum cap of four years at a time. Those requiring additional time beyond their authorised stay must file a formal application for an Extension of Stay with US Citizenship and Immigration Services.
The rule also implements several new restrictions, including limiting F-1 students in English language training programs to an aggregate of 24 months of stay and reducing the standard grace period for F-1 students following the completion of their studies from 60 days to 30 days.
Furthermore, the Department stated that undergraduate students are generally barred from changing majors or transferring to different institutions within their first academic year, while graduate students face strict prohibitions on changing their educational objectives. Additionally, students who have completed one degree are now prohibited from starting a new program at the same or a lower educational level.
According to the final rule, media representatives on I visas will now be admitted for a period necessary to complete their assignment, not to exceed 240 days, and must apply for an extension to stay longer. Representatives holding passports from the People’s Republic of China are subject to a more restrictive 90-day admission limit.
The regulation also codifies a stricter definition of a foreign media organisation, requiring entities to be engaged in the regular production of journalistic information and to maintain a home office abroad.
Because the “duration of status” system is being phased out, extensions will no longer be handled as routine updates by school officials or program sponsors. Instead, applicants must file a formal Form I-539 with USCIS, which may involve providing biometric data and attending in-person interviews.
While applications are pending, eligible students and media representatives may receive an automatic work authorisation extension for up to 240 days.
The new regulations are set to take effect 60 days after publication in the Federal Register. Individuals currently in the U.S. under the “duration of status” framework will generally be allowed to remain until their current program end date, provided this does not exceed four years from the rule’s effective date.
However, any individual currently on a “duration of status” admission who travels abroad and seeks re-entry after the rule takes effect will be admitted under the new fixed-date regime. (ANI)
