Announcements : New DHS Proposed Rule: Duration of Status
Announcement: New DHS Proposed Rule: Duration of Status
On September 25, 2020, the Department of Homeland Security (DHS) announced a proposal to replace Duration of Status (D/S) for F and J visa holders. It is important to note that this is a proposed rule and does not have an immediate effect. This rulemaking is currently in the notice and comment phase and the government has given until October 26, 2020, for the public to provide comment on this proposed rule. In addition to directly impacting our future international students, these rules will have devastating and long term effects on our current international students, alumni, and international employees if passed into law.
What is Duration of Status (D/S) and why is it important to our F-1 and J-1 students?
The D/S allows F and J visa holders to remain inside the U.S. for the length of their I-20 or DS-2019. The I-20 or DS-2019 are issued by ISSS for the length of the degree program and currently school officials within ISSS are able to extend the I-20 or DS-2019 as needed, to allow the student to complete their degree program, receive employment authorization, and maintain their F or J visa status.
DHS is proposing to change the duration of status into a specific date linked to the students I-94. The I-94 is issued by Customs and Border Protection (CBP) at the time of entry into the U.S. This means that F and J visa holders will be given a specific end date by CBP for their visa status and school officials within ISSS will no longer be able to extend the I-20 or DS-2019 if a student needs more time to complete their degree program. This eliminates the flexibility and role that school officials have in providing additional time for students to complete their degree program or apply for employment authorization.
What are some of the other changes included in the proposal to replace D/S?
Date-Specific admission of F and J nonimmigrants:
-Limit period of authorized stay to the I-20 or DS-2019 end date, for a period of no more than 4 years.
-Some F and J visa holders will be subject to a 2 year period of authorized stay. These include:
-Individuals born in or who are citizens of countries on the State Sponsor of Terrorism List (currently: North Korea, Iran, Sudan, Syria).
-F and J visa holders from Countries with a greater than 10 percent overstay rate.
-This limited period of stay can be initiated based on U.S. national interest, as determined by the Secretary of DHS (meaning the list of countries this applies to, is subject to change).
-Students attending schools that are not accredited.
-Students attending schools that do not participate completely in E-verify.
-Shortens the post completion grace period for F visa holders from 60 days to 30 days. The J grace period remains the same at 30 days.
Academic Related Restrictions:
-Places limits on pursuing new F-1 programs at the same educational level
-Places limits on “reverse program matriculation” by F-1 students
-DHS incorporates new standards on defining acceptable reasons for requesting a program extension
Extension of stay mechanics and eligibility requirements:
-Meet specific and complex filing deadlines to file extension requests
-F visa holders must provide proof of sufficient funding to request extensions directly to DHS
-F visa holders (and their dependents) would be required to submit biometrics and possibly have to complete an in-person interview with USCIS
Employment Related Issues:
-F visa holders working on-campus could continue working while their extension of stay is pending, but only for 180 days
-No continuation of CPT and other types of employment are allowed while the extension is pending
For more information, our national professional organization, NAFSA, has a comprehensive summary of the D/S proposal on their web page.