The U.S. Department of Homeland Security (DHS) finalized a regulatory change that will end its “duration of status” policy for F, J, and I nonimmigrant classifications. Duration of status policy allowed aliens in these nonimmigrant classifications to be admitted to the United States for an unspecified period of time to engage in activities authorized under their respective visa classifications.
This unspecified period of time is known as “duration of status” or (D/S). D/S generally ends when the alien no longer complies with the terms of the nonimmigrant classification under which D/S was granted.
Under this rule, aliens in these classifications will have to apply for an extension of stay to remain in the United States lawfully after their initial authorized period of stay expires. F-1 nonimmigrants (generally students) who have timely filed an extension of stay application will also be authorized to continue pursuing a full course of study after the expiration of the admission period until USCIS adjudicates the EOS application.
DHS stated that the rule change is necessary to support the integrity of the F, J, and I visa programs, facilitate applicant vetting, and bring these nonimmigrant visa programs in line with the statutory scheme. Nearly all other nonimmigrant visa categories are subject to fixed periods of authorized stay. Moreover, DHS believes that this policy change will help to mitigate risks posed by aliens who seek to exploit these programs and live in the United States on a non-temporary basis in contradiction with the underlying statutory language that applies to their nonimmigrant status.
This rule is a revival of a similar regulation change that the first Trump administration proposed in 2020. The Biden administration rescinded that proposal in July 2021.
CIS submitted a comment supporting the rule change. You can read our analysis here.
