Key Points:

The Office of Management and Budget has completed its review of a proposed Immigration and Customs Enforcement (ICE) rule that would set a maximum period of stay for foreign students, exchange visitors and media personnel.

  • The text of the rule is not available yet, but an agency summary released earlier this year indicates the rule will “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.”
  • ICE is now expected to publish a proposed regulation, giving the public an opportunity to submit comments. The agency will have to review and consider the comments it receives before publishing a final rule.

BAL Analysis: Current rules on duration of status (“D/S”) for F-1 students, J-1 exchange visitors, and representatives of foreign media will remain in place until a final regulation takes effect. The government is expected to provide a 30 to 60-day public comment period before finalizing the rule. The text of the proposed rule will likely indicate whether the final rule will have a delayed effective date. BAL continues to closely monitor ICE’s proposed rule 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

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