F-1 students in US could lose ‘duration of status’ flexibility under new proposed rule

Foreign students and exchange program participants on F and J visas would have two to four years before they would need to seek an extension under a recently proposed rule from the Department of Homeland Security.

A prior attempt by the Trump administration to limit the length of ‘student and exchange visitor visa programs’ is being renewed by the Department of Homeland Security, reports Bloomberg Law.

DHS proposes to amend its regulations by changing the admission period of F, J, and I aliens from ‘duration of status’ to an admission for a ‘fixed time period’. Duration of status means you may remain in the United States so long as you maintain your nonimmigrant student status.

This new rule proposed by US authorities will force non-immigrants such as students holding an F-1 study visa to depart the country after a fixed period.

The proposed rule has been sent to the White House Office of Information and Regulatory Affairs for approval by US Citizenship and Immigration Services, the DHS subagency responsible for managing temporary visa programs.

Admitting individuals in the F, J, and I categories for a fixed period of time will require all F, J, and I nonimmigrants who wish to remain in the United States beyond their specifically authorized admission period to apply for an extension of stay directly with USCIS or to depart the country and apply for admission with CBP at a port of entry (POE).

Titled, ‘Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media’, the proposed rules is pending review by the White House.

F-1 students and J-1 exchange visitor visa holders are allowed to stay in the US for the duration of their academic programs.

But, nonimmigrants admitted in the F, J, and I classifications are frequently able to avoid accruing unlawful presence for purposes of statutory inadmissibility grounds of unlawful presence because they typically do not file applications or petitions, such as an extension of stay, that would result in a formal finding.

This is because they typically do not accrue unlawful presence until the day following a formal finding of a status violation by USCIS or an immigration judge, according to DHS.

The first Trump administration issued a rule in 2020 to limit the “duration of status” for visa holders, but it was never implemented.

This regulation would have restricted J-1 exchange visits and F-1 students to set durations of two or four years before requiring them to apply for a visa renewal.

Higher education organizations criticized the initiative, arguing that it would unnecessarily disrupt academic programs. Later, in 2021, the Biden administration withdrew it.

F and M students must take action to maintain legal status or depart the United States after completing their program of study.

Once you complete your program of study and any authorized period of practical training, F students have 60 days after completion of their program to leave the United States. If you wish to extend your stay in the United States, you will have to apply to change status to another visa status like H-1B-temporary worker or O-extraordinary ability in science, art or business visa.