The new regulations replace open-ended admissions with fixed periods of stay and tighten extension, transfer and programme rules….reports Asian Lite News Desk
The US Department of Homeland Security (DHS) has announced a final rule ending the long-standing “duration of status” framework for F, J and I nonimmigrant visa holders, replacing it with fixed periods of admission and introducing stricter rules for foreign students, exchange visitors and media representatives.
The department said the move would “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, individuals on F-1 student, J-1 exchange visitor and I media visas will no longer be allowed to remain in the United States indefinitely by maintaining their visa status. Instead, they will receive admissions for fixed periods and will be required to seek formal extensions if they need to remain beyond their authorised stay.
For F-1 students and J-1 exchange visitors, admissions will generally be limited to the length of their academic or exchange programme, subject to a maximum of four years at a time. Those wishing to remain longer must apply for an Extension of Stay with US Citizenship and Immigration Services (USCIS).
The final rule also introduces several new restrictions for international students. F-1 students enrolled in English language training programmes will be limited to a cumulative stay of 24 months, while the grace period after completing their studies has been reduced from 60 days to 30 days.
In addition, undergraduate students will generally not be permitted to change their major or transfer to another institution during their first academic year. Graduate students will face tighter restrictions on changing their educational objectives, while students who have completed one degree will no longer be allowed to begin another programme at the same or a lower educational level.
The changes also affect foreign media representatives travelling on I visas. Under the new rules, they will be admitted only for the period required to complete their assignment, up to a maximum of 240 days. Those seeking to remain longer will need to apply for an extension.
The DHS said media representatives holding passports issued by the People’s Republic of China will face a more restrictive admission period of 90 days.
The regulation also introduces a stricter definition of a foreign media organisation. To qualify, organisations must be engaged in the regular production of journalistic information and maintain a home office outside the United States.
The department said the elimination of the “duration of status” system means extensions will no longer be processed routinely by educational institutions or programme sponsors. Instead, applicants must submit Form I-539 to USCIS, a process that may require biometric data collection and in-person interviews.
While extension applications are being processed, eligible students and media representatives may continue to receive automatic work authorisation for up to 240 days.
According to the DHS, the new regulations will come into effect 60 days after publication in the Federal Register.
Individuals currently in the United States under the existing “duration of status” framework will generally be allowed to remain until the end of their current academic or exchange programme, provided it does not extend beyond four years from the rule’s effective date.
However, those who leave the United States after the rule takes effect and subsequently seek re-entry will be admitted under the new fixed-period system rather than the previous open-ended framework.
