After passing the federal review process, a proposed rule from the Department of Homeland Security (DHS) aims to replace the current “duration of status” (D/S) admission policy for international students (F status), exchange visitors (J status), representatives of foreign information media (I status), and their dependents with a policy that would set a finite period of authorized stay. This would bring the regulation closer to being published in the Federal Register. Five weeks ago, the rule was sent for consideration to the Office of Management and Budget (OMB).
Until the new regulation is published in the Federal Register, its exact wording will remain unclear. But in 2020, during the first Trump administration, a proposed rule of the same name was published with the goal of limiting the stay of F, J, and I nonimmigrants to a predetermined period of time and requiring them to apply for an extension of stay if they need more time to complete their program, job, or assignment. The present policies regarding unlawful presence for F, J, and I nonimmigrants would likewise be altered as a result of this potential modification to D/S admission procedures; they would probably be subject to the accrual of unlawful presence in the same manner as other nonimmigrant categories. Only until USCIS formally discovers a nonimmigrant status violation or when an immigration judge orders the applicant excluded, deported, or removed do F, J, and I nonimmigrants currently start to accrue unlawful presence. Except in a limited number of situations, other nonimmigrant categories start to accrue unlawful presence after the last date of their limited authorized stay.
In the upcoming days or weeks, the proposed regulation is anticipated to be made available for publication in the Federal Register. It would be anticipated that DHS will take public feedback on the plan for 30 or 60 days following publication. The agency would then issue a final version of the rule, including an implementation timeline, after taking the comments into consideration. Although there is no deadline for when a final regulation will be published, the procedure usually takes several months or longer.
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Luke Bowman
The Law offices of Luke Bowman