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U.S. Immigration and Customs Enforcement (ICE) will publish a proposed regulation tomorrow that would set maximum periods of stay for foreign students, exchange visitors, and media personnel. The agency posted a prepublication version of the proposal today. This is the first step in the formal notice-and-comment process, and a final rule would not take effect for several months.
BAL Analysis: Current rules on duration of status (“D/S”) for F, J, and I nonimmigrants will remain in place until a final regulation takes effect. The government will accept comments from the public until Oct. 26 on the proposed regulation, and until Nov. 25 on the form changes required by the rule. ICE must review and consider the comments before finalizing the rule, and may make changes to the rule based on comments it receives. The prepublication version indicates the final rule would have a 60-day delayed effective date. BAL continues to review the proposed rule and assess its impact on foreign nationals.
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