DHS to withdraw “duration of status” rule

The Department of Homeland Security will formally withdraw its “duration of status” rule that would have set maximum periods of stay for foreign students, exchange visitors and media personnel.

Key Points:

• DHS published the proposed rule on Sept. 25, 2020, during the Trump administration. The rule would have modified the period of authorized stay by imposing a fixed period of admission and eliminating the availability of duration of status (“D/S”) for F, J, and I nonimmigrants. It also would have established new requirements for individuals in these visa categories to maintain and extend their status.
• DHS said it received more than 32,000 comments during the 30-day public comment period, with more than 99 percent of the commenters opposed to the proposal. The agency never published a final version of the regulation.
• DHS’ withdrawal of the rule is scheduled to be published on Tuesday, July 6. A prepublication version is available here.
• The notice states that DHS will review and analyze the proposal in the context of President Biden’s Executive Order on legal immigration, “to determine what changes may be appropriate and consistent with DHS’s needs, policies, and applicable law.”

BAL Analysis: The duration of status rule never took effect, and the move to withdraw it confirms that current rules on duration of status for F, J, and I nonimmigrants will remain in place.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

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