The U.S. Department of Homeland Security (DHS) has withdrawn a "duration of status" proposed rule that would have set a maximum period of stay for exchange visitors, foreign students and media personnel.
Overview
Current law provides that students, exchange visitors, and media personnel are admitted to the United States for duration of status, meaning that they do not have a fixed end date for their lawful stay in the United States, allowing for flexibility as long as they remain in compliance with the terms of their admission. DHS published the proposed rule on Sept. 25, 2020. If implemented, it would have imposed a fixed period of admission and eliminated the availability of duration of status for F, I, and J nonimmigrants. It would have also established new requirements for individuals to maintain or extend their status.
After issuing the proposed rule, DHS accepted feedback during the mandatory 30-day public comment period. The agency never moved forward due to an overwhelmingly negative response to the proposed rule. Over 99% of comments received during the public comment period opposed the rule's implementation.
Looking Ahead
Since the rule was never implemented and will now be withdrawn, the current rules on duration of status for F, I, and J nonimmigrants will stay the same.
Originally published 07 July 2021
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
