The U.S. Department of Homeland Security (DHS) proposed a rule to replace “duration of status” (D/S) with fixed periods of admission for F-1 and J-1 visa holders, meaning a student’s stay would have a specific end date, likely not exceeding four years. Students would need to apply for an Extension of Stay (EOS) with U.S. Citizenship and Immigration Services (USCIS) to stay beyond this period, which would require filing an Form I-539 application before the fixed admission expires. This rule also includes other changes, such as restrictions on changing academic objectives, and reduces the grace period for F-1 students to 30 days.
Key changes in the proposed Rule
If implemented, the proposed rule would make the following changes:
- Fixed period of admission: Instead of D/S, F-1 and J-1 students would be admitted for a set period, based on the program end date listed in their SEVIS record, but not to exceed four years (24 months for English language students), plus a 30-day grace period.
- Extension of stay: Students needing more time to complete their programs, including those who need to extend for post-completion practical training or academic training, would have to apply for an extension of stay with USCIS.
- Application for extensions: Students would need to file a complete Form I-539 with USCIS for an extension, which may include fees and biometrics.
- Restrictions on program changes: The rule proposes to place restrictions on changing academic objectives, such as when a student can transfer schools or change their program of study.
- Shorter grace period: The grace period for F-1 students decreases from 60 days to 30 days, matching the current policy for J-1 students.
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