Proposed rule limiting stay of foreign students, exchange visitors sent for review

Immigration and Customs Enforcement (ICE) has sent a proposed regulation that would set a maximum period of stay for foreign students, exchange visitors and media personnel to the Office of Management and Budget (OMB) for review.

• The agency’s summary indicates the rule would “modify the period of authorized stay for certain categories of nonimmigrants traveling to the United States by eliminating the availability of ‘duration of status’ and by providing a maximum period of authorized stay with options for extensions for each applicable visa category.”
• The text of the proposed rule is not yet available. Once OMB completes the review process, the agency will post the proposal on the Federal Register website for public inspection. ICE will then officially publish the proposed regulation in the Federal Register and begin a public comment period.

BAL Analysis: Current rules regarding duration of status for F-1 students, J-1 exchange visitors, and representatives of foreign media will remain in place until a final regulation takes effect. BAL is closely monitoring the regulatory process and will provide more information when text of the proposed regulation is available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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