The Department of Homeland Security has finalized a sweeping immigration rule that would replace the open-ended admission system for most foreign students, exchange visitors and foreign media representatives with fixed periods of stay, a change the agency says will strengthen oversight and national security. The rule is set for publication in the Federal Register on July 17 and would take effect 60 days later.
Under the new rule, most F-1 students, J-1 exchange visitors and I visa holders would be admitted for a set period tied to the length of their program or assignment, rather than for “duration of status.” Those who want to stay longer would generally need to apply to U.S. Citizenship and Immigration Services for an extension of stay, a shift DHS says will allow periodic review of compliance, eligibility and potential security concerns.
The final rule covers broad changes to the immigration regulations governing admission, extension and maintenance of status, employment authorization and change-of-status procedures. It also removes references to “duration of status” from the regulatory language and creates transition rules for people already in the United States when the rule takes effect.
The agency said the rule is designed to create a more predictable enforcement framework and reduce fraud and abuse in the F, J and I categories. DHS estimated annualized costs of the rule at $443.1 million to $448.6 million when considering U.S. and non-U.S. parties, and $119.9 million to $125.1 million when considering U.S. parties only.
What changes
For F-1 students, the rule would generally limit admission to the program length shown on the Form I-20, up to a maximum of four years, plus a 30-day departure period. Students who finish early would have 30 days to leave the country or seek another lawful status.
The rule also shortens the departure grace period for some F-1 students from 60 days to 30 days after completing a course of study or authorized practical training. Students at the graduate level or above would face tighter restrictions on changing educational objectives or transferring schools, unless an exception is approved by the Student and Exchange Visitor Program.
For J-1 exchange visitors, the rule would also move away from duration-of-status admission and impose fixed admission periods, generally tied to the program end date, with a maximum of four years and a 30-day departure period. The rule says J-1s with employer-specific work authorization would generally remain work-authorized for up to 240 days while a timely extension request is pending.
For I visa holders, the rule would replace duration of employment with a fixed admission period, generally capped at 240 days, or 90 days for some Chinese passport holders, with the option to seek an extension if more time is needed. DHS said it also codifies the definition of a foreign media organization and updates evidence requirements for I classification.
Transition period
The final rule includes a transition period for people already in the United States under the old duration-of-status system. F and J nonimmigrants who are maintaining status when the rule takes effect could remain under the prior framework until their program end date or four years after the effective date, whichever comes first.
During that transition, F-1 students with timely filed post-completion OPT or STEM OPT applications on or before a date 244 days after publication would not need to file a separate extension-of-stay application for that employment period. DHS said the transition is intended to soften the shift for current students, schools and exchange sponsors.
The rule also says a change-of-status application can be deemed abandoned if an applicant leaves the United States while the case is pending and then seeks admission on a new program document. DHS said that policy is intended to avoid conflicts between a pending USCIS application and a new admission by Customs and Border Protection.
Costs and pushback
DHS said the rule is meant to give officers more regular opportunities to review whether foreign students, exchange visitors and media workers are complying with the terms of their admission. The agency said that periodic review would improve detection of fraud, abuse and national security concerns.
The rule follows years of debate over whether the duration-of-status system makes it harder for the government to determine when unlawful presence begins. DHS said the fixed-period system would create a clearer point at which unlawful presence starts to accrue if someone overstays.
The final rule acknowledges extensive opposition in the record, including concerns from schools, sponsors, students and advocates about added costs, administrative burdens, and possible harm to higher education and exchange programs. DHS said many of those impacts are real but concluded that the benefits to oversight and compliance outweigh the costs.
Why it matters
The rule could significantly affect international students, exchange visitors and foreign journalists, especially those in long academic programs or those who depend on OPT, STEM OPT or other extensions to remain in the United States. Schools and program sponsors would also need to adjust recordkeeping and advising systems to fit the new structure.
For now, the rule is not yet in effect, but the Federal Register publication on July 17 starts the clock toward implementation. Once the 60-day period ends, new F, J and I admissions would follow the fixed-date system, while current visa holders would move through the transition rules.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
