Update 7/8/2021: The Biden administration officially withdrew this proposed rule on July 6, 2021. According to the Federal Register, this proposal had received more than 32,000 public comments, and 99% of commenters opposed the rule. International students don’t have to worry about getting the fixed term of duration nor applying for an extension of the stay.
Summary: The Department of Homeland Security proposed a rule to eliminate F and J visa duration of status (D/S) for F students and their dependents, J exchange visitors and their dependents, and I media representatives have been published in the Federal Register today.
When you cross the border, CBP (Customs and Border Protection) officers will review your documents and put the visa stamp on your passport. If you fly in, they will also write “D/S” on the stamp. D/S stands for a duration of status and it allows F and J visa students to stay in the United States until the program end date which is shown on the I-20 plus the 60 days of the grace period. Today (September 25th), The Department of Homeland Security (DHS) submitted the proposal to eliminate F and J visa duration of status (D/S) and replace it with the fixed time period of admission. What is more, DHS proposed to decrease the grace period from 60 days to 30 days. Please read the following thoroughly as it seems to have a big change to international students. At the end of the blog, you will see what you can do to make your voice heard.
DHS proposes to replace the D/S framework for F, J, and I nonimmigrants with an admission period with a specific date upon which an authorized stay ends.
Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media
Contents
- Summary of the proposed regulatory revisions & What does this mean to international students
- Purpose of the regulatory action to replace F and J students duration of status
- How to make your voice heard?
Summary of the proposed regulatory revisions & What does this mean to international students
Below is the excerpt from the B. Summary of the Proposed Regulatory Revisions part of Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media that directly impacts F and J visa holders. On the left column of the table, you will find proposed regulatory revisions to replace F and J visa students’ duration of status and decrease the grace period. On the right side, you will see how it will affect F and J international students.
| Proposed Regulatory Revisions | What does it mean to F and J students | |
|---|---|---|
| 1 | Set the authorized admission and extension periods for F and J nonimmigrants (with limited exceptions) up to the program length, not to exceed a 2- or 4-year period | It is highly likely that Associate degree and Master’s candidates will receive 2 years, while bachelor’s degree candidates will receive 4 years to stay and study in the U.S. |
| 2 | Outline the process for extension of stay (EOS) applications for F, J, and I nonimmigrants | Students will have to file the separate application if they need more time beyond the fixed date to complete their programs |
| 3 | List the circumstances, including factors that relate to national security and program integrity concerns, when the period of admission for F and J nonimmigrants may be limited to a maximum of 2 years | If the students major is categorized as national security such as military-civil fusion technology, they will only be given 2 years to stay and study in the U.S. |
| 4 | Outline procedures and requirements for F-1 nonimmigrants who change educational levels while in F-1 status | If international students would like to change the level of education (Bachelor’s to Master’s, Master’s to Doctoral), they will need to go through a certain process to extend their stays. Currently, students can obtain the updated I-20 which automatically authorizes them to stay in the U.S. |
| 5 | Provide limits on the number of times that F-1 nonimmigrants can change educational levels while in F-1 status | Currently, there’s no limit on changing education levels, but DHS would like to set the limit. (For example, if they limit to 2 times, students who started as Associate degree won’t be able to pursue a Doctoral degree.) |
| 6 | Decrease from 60 to 30 days the allowed period for F aliens to prepare to depart from the United States after completion of a course of study or authorized period of post-completion practical training; | The grace period will decrease from 60 days to 30 days. |
| 7 | Initiate a routine biometrics collection in conjunction with an EOS application for F, J, and I nonimmigrants | If DHS requires biometrics as a part of the extension of the stay process, students might need to pay the additional fee and spend time traveling to the office. |
| 8 | Limit language training students to an aggregate 24-month period of stay, including breaks and an annual vacation | Students who come to the U.S. to study English through Intensive English programs will be allowed to stay 2 years at maximum. |
| 9 | Provide that a delay in completing one’s program by the program end date on Form I-20, due to a pattern of behavior demonstrating a student is repeatedly unable or unwilling to complete his or her course of study, such as failing grades, in addition to academic probation or suspension, is an unacceptable reason for program extensions for F nonimmigrants | Students who file the extension of the stay due to complete the program due to failing grades, academic probation, or suspension will not be approved. This means these students will be forced to go back to their home countries although they haven’t completed the degree. |
| 10 | Prohibit F nonimmigrants whose admission period, as indicated on their Form I-94, has expired while their timely filed EOS applications and applications for employment authorization based on either an internship with an international organization, curricular practical training (CPT), pre-completion Optional Practical Training (OPT), or post-completion OPT are pending to engage in such employment until their applications are approved | F students will not be able to engage in CPT or OPT until their EOS applications are approved. |
Purpose of the regulatory action to replace F and J visa duration of status
Through out the proposal, three main points why DHS would like to replace D/S with the fixed dates stood out to me. Below is the summary and I added quotes from the document for each point.
- With the D/S framework, it is difficult for DHS to confirm whether non-immigrants are complying with immigration regulations and laws.
- “Admission for D/S, in general, does not afford immigration officers enough predetermined opportunities to directly verify that aliens granted such nonimmigrant statuses are engaging only in those activities their respective classifications authorize while they are in the United States.”
- Admitting non-immigrants for a fixed period of authorized stay is consistent with most other nonimmigrant categories.
- “Replacing admissions for D/S with admissions for a fixed period of authorized stay is consistent with most other nonimmigrant categories, would provide additional protections and oversight of these nonimmigrant categories, and would allow DHS to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States.”
- For the national security as nonimmigrants admitted in the F, J, and I classifications generally do not currently begin to accrue unlawful presence until the day after there is a formal finding of a status violation by USCIS or an immigration judge.
- “If immigration officers discover a nonimmigrant in one of these categories has overstayed or otherwise violated his or her status, the proposed changes may result in the alien beginning to accrue unlawful presence for purposes of unlawful presence-related statutory grounds of inadmissibility under the Immigration and Nationality Act (INA).”
How to make your voice heard?
There are direct and indirect ways you can make your voice heard. If you oppose the initiative of DHS to eliminate international students duration of status and decrease the grace period, you may want to leave comments at regulations.gov by October 26th. Instructions to leave comments can be found on the webpage under the section titled I. Public Participation.
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