What’s Happening
As recently discussed in our client alert, the Department of Homeland Security (DHS) has now finalized a rule replacing “duration of status,” or “D/S,” admissions for F-1 students and J-1 exchange visitors with fixed periods of admission.
F-1 and J-1 nonimmigrants will generally be admitted through the lesser of their program end date on their Form I-20 or Form DS-2019, or four years. In addition, following the effective date of the rule, F-1 students' post completion departure period or “grace period” will be reduced from 60 days to 30 days. Where applicable, the admission period may also include post-completion practical training. Individuals who need additional time will generally need to file an extension of stay with U.S. Citizenship and Immigration Services (USCIS) or depart the United States and seek readmission.
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Removal of Duration of Status Classification for F, J, and I visa holders
The Department of Homeland Security (DHS) has released a proposed rule that would eliminate the "duration of status" (D/S) admission framework for F students, J exchange visitors, and I media representatives. Instead, DHS would implement a fixed period of stay, aligning these categories more closely with the structure applied to other nonimmigrant visa types.
While DHS indicates the purpose of the new rule is to limit the amount of time that visa holders are allowed to remain in the United States without additional screening and vetting, this change would significantly alter how international students and exchange visitors maintain lawful presence and work authorization in the United States.
Removal of Deference to Prior USCIS Approvals
Another critical element in the proposed rule is the removal of deference to prior USCIS approvals for Form I‑129 petitions, even when they involve the same parties and facts. Under the H-1B modernization rule, which took effect in January shortly before the change in administration, USCIS typically deferred to earlier decisions in H‑1B (and other I‑129-based) extensions, so long as the underlying facts remained materially unchanged. Under the new rule, USCIS would no longer be required to give deference to prior approvals, which could result in inconsistent adjudication outcomes.
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