Proposed Rule to End Duration of Status
What is Duration of Status?
When an international student or exchange visitor arrives in the United States, they must be cleared for entry by a Department of Homeland Security (DHS) Customs and Border Protection (CBP) officer at the port of entry. The CBP officer issues documentation stating how long the student or exchange visitor may remain legally in the United States. This is distinct from the visa validity period determined by the Department of State (DOS).
Since the early 1990s, CBP has admitted students (F visa status) and exchange visitors (J visa status) for a period known as “duration of status” (D/S). Unlike most other nonimmigrants who are admitted with an exact date of expiration of legal immigration status, D/S allows F students and J exchange visitors to remain in the country as long as they are making normal progress towards completing their academic or research objectives or are engaging in optional practical training (OPT).
Their school or exchange program must also report their activities to DHS and DOS in the Student and Exchange Visitor Information System (SEVIS) database.
Current Proposal
The Department of Homeland Security (DHS) has published a proposed rule to end “duration of status” (D/S) for F and J nonimmigrants. The proposed DHS rule would replace “duration of status” admissions with fixed end dates on Form I-94, require students and exchange visitors to file formal extension applications with USCIS, shorten grace periods, and impose new limits on program changes.
For an explanation of the proposed rule and it's potential impact on F and J visa holders, please see the Duration of Status Explainer, which was released by NAFSA.
There has not yet been a final ruling from DHS on this proposal and nothing will go into effect until the final rule has been published in the Federal Registrar. A timeline for the release of the final rule has not been provided. It has not been clarified how these changes would impact newly arriving students and students who are currently present in the US.
Key Proposed Changes
This is a non-exhaustive list and these changes have not been finalized. There is a possibility for revisions of the original proposal.
Remove the “duration of status” notation for F and J students and scholars upon admission to the United States.
Students and scholars would be admitted to the US for a fixed period not to exceed 4 years. Extensions of stay would require approval by USCIS.
Prohibit undergraduate students from transferring schools or changing academic programs within their first year of study.
Undergraduate students would no longer have the option to transfer their I-20 to another SEVP certified school or change their program of study until they have been in active status for a minimum of one year.
Prohibit F-1 students from pursuing another academic program at the same or lower education level.
Students who complete a degree program can only begin a new program at a higher educational level. For example, a student who completes a master’s degree would not be able to pursue another master’s or bachelor’s program. They would only be able to start a new program at the Ph.D level.
Prohibit graduate students from changing their academic programs or transferring to a different school at any point in their degree program.
Graduate students would have to remain at the school that issued their I-20/DS-2019 and would not be able to change their program of study
F-1 grace period shortened from 60 days to 30 days.
Students who complete their program of study will only have 30 days, instead of 60, to determine what they would like to do next. Students can use that time to transfer schools, change their level of study, apply for another immigration status or benefit, or depart from the US.
Next Steps
The UND International Center is monitoring the situation and will provide additional guidance if/when a final ruling is released. If you have any questions, contact an International Student Advisor.
Please note that we have not been provided with any additional information at this time and may not be able to provide you with a definitive answer to your inquiry.