United States | DHS to propose fixed admission periods for F, J, I visas

The Department of Homeland Security published a Notice of Proposed Rulemaking (NPRM) in the Federal Register today that would change the “duration of status” admission policy for F, J and most I nonimmigrant visa holders to a fixed time period.

Key Points:

• Currently, F (academic student), J (exchange visitor) and most I (foreign information media representatives) visa holders are admitted to the U.S. for the period that complies with the terms of their visa classification — a policy known as “duration of status.”
• DHS proposes to replace this with a fixed admission period, which would standardize their stay and potentially require extensions or reapplications if their activities exceed the designated time.
• DHS said the agency “anticipates that many F, J and I nonimmigrants would be able to complete their activities within their period of admission. However, those who could not, generally would be able to request an extension to their period of admission from an immigration officer.”
• Under the proposal, foreign nationals may be admitted on an F or J visa for a maximum period of four years, or the length of program as specified on Form I-20 or DS-2019, whichever is shorter, plus 30 days to prepare for departure or otherwise seek to obtain lawful authorization to remain in the United States.
•  F-1 students seeking to engage in post-completion Optional Practical Training (OPT) or STEM OPT would generally be admitted either up to the expiration date noted on their Employment Authorization Document or up to the Designated School Official’s recommended employment end date for post-completion or STEM OPT specified on their Form I-20, whichever is later, plus a 30-day period to prepare for departure or to otherwise seek to obtain lawful authorization to remain in the U.S.
• The public comment period on the proposed rule will be open for 30 days starting Aug. 28.

Additional Information: As part of its rationale for the proposed rule, DHS said, “Replacing admissions for [duration of status] with admissions for a fixed time period of authorized stay is consistent with most other nonimmigrant classifications, would provide additional protections and oversight of these nonimmigrant classifications and would allow DHS to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States.”

Publication of the NPRM is the first step in the formal rulemaking process. Changes will not take effect until DHS issues a final regulation with a specified effective date. The agency is required to consider comments from the public in formulating the final rule.

This alert has been provided by the BAL U.S. Practice Group.

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