The US Department of Homeland Security (DHS) has put forward new rules that would end the current “duration of status” system and instead introduce fixed admission periods for nonimmigrant academic students (F), exchange visitors (J), and foreign information media representatives (I).
According to the notice of proposed rulemaking (NPRM) issued by the US Immigration and Customs Enforcement (ICE), the DHS aims to amend its regulations to ensure that F, J, and I nonimmigrants are admitted for a specific time period rather than indefinitely as long as they comply with the terms of their status.
The NPRM states that “nonimmigrants who would like to stay in the United States beyond their fixed date of admission would need to apply directly to DHS for an extension of stay (EOS).”
Key proposed changes:
- Limiting admission and extension periods for F and J nonimmigrants to a maximum of four years
- Reducing the grace period for F-1 students after completion of studies from 60 to 30 days,
- Restricting graduate-level F-1 students from changing programs mid-course, and setting a 240-day cap for I visa holders, except for certain cases involving the People’s Republic of China.
DHS said the changes would allow immigration officers to “periodically and directly assess whether nonimmigrants are complying with the conditions of their classifications and US immigration laws.”
The proposed changes come in response to concerns about oversight and national security. DHS highlighted that the current system, which allows admission for “duration of status” without a fixed end date, “does not afford immigration officers enough predetermined opportunities to directly verify that aliens are engaging only in authorised activities.”
The Department noted that the increase in admissions has posed challenges. In 2023 alone, more than 1.6 million F-1 students, over 500,000 J exchange visitors, and 32,470 I visa holders were admitted to the United States.
DHS further said the proposed framework would align F, J, and I visa holders with most other nonimmigrant classifications, which already operate under fixed admission periods. It added that “greater oversight would deter fraud and abuse and strengthen the integrity of these nonimmigrant classifications.”
