DHS Finalizes Rule Ending “Duration of Status” for F-1 Students and J-1 Exchange Visitors

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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DEPARTMENT OF HOMELAND SECURITY PUBLISHES FINAL RULE WITH REVISED FILING FEE SCHEDULE

Today, Monday October 24, 2016, the Department of Homeland Security (DHS) published a Final Rule in the Federal Register with the new fee schedule for immigration and naturalization benefit requests processed by the United States Citizenship and Immigration Service (USCIS). DHS increased fees by a weighted average of 21 percent.  The Rule will become effective 60 days from today on Friday, December 23, 2016.  D&S has made a Fee Schedule Comparison Chart for the most common types of business immigration filings.

USCIS Proposes Parole Program for Entrepreneurs

U.S. Citizenship and Immigration Services (USCIS) is proposing a parole program for entrepreneurs who would provide a “significant public benefit” to the United States. Under the proposed rule, which is in line with the initiatives put in place in President Obama’s November 2014 memorandum on “Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century,” and the July 2015 White House report on improving the current immigration system, certain international entrepreneurs would become eligible for parole into the United States in order to start or grow a U.S.-based businesses.

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DHS PROPOSED RULE FOR USCIS FEE SCHEDULE INCREASE

Today the Department of Homeland Security (DHS) published a New Rule in the Federal Register following its review of United States Citizenship and Immigration Service's (USCIS) filing fee schedule.  The weighted average increase for USCIS fees is 21%. 

Fee comparisons for the most common types of filings are summarized in the attached D&S USCIS Fee Comparison Chart.

Of note, DHS's proposed rule establishes a three-level fee for the Form N-400, Application for Naturalization and clarifies that individuals filing a benefit request may be required to pay the biometrics services fee and appear for biometrics services or an interview.

The Rule's 60 day comment period starts today, May 4, 2016.

D&S will continue to monitor and provide updates as they become available.