U.S. Citizenship and Immigration Services (USCIS) recently released a copy of a proposed regulation, which would replace and limit the agency’s current policy regarding F1 (foreign students), J1(exchange visitors), and I (representatives of foreign international media) visa holders relating to the duration of status regulations.
To date, individuals in these visa statuses have been admitted to the United States for ‘D/S’ – Duration of Stay. Legally, until a formal determination by a consular official, the Department of Homeland Security (USCIS), or an immigration judge is issued in these nonimmigrant visa categories, these individuals would have open-ended permission to remain in the United States, and even if violating status, would be deemed to be lawfully present in the United States.
Key Implications of Proposed Regulation
- If rules finalizing changes to the F1 and J1 visa categories are implemented as proposed, F, J, and I nonimmigrants would be required to file for formal extensions of stay to remain in the United States beyond their specified authorized period of admission and also complete biometrics screening.
- Staying beyond a period of authorized stay would subject the F, J, or I nonimmigrant to the unlawful presence regulations currently in place for all other nonimmigrant visa holders. The rules relating to the accrual of ‘unlawful presence’ would become effective, therefore, subjecting them to the three- or ten-year bar applicable to those determined to be unlawfully present in the United States for over 180 days or for a period of over one year.
- Further restrictions to the pursuit of student studies are also proposed for implementation and would restrict student visa applicants from remaining in the United States for more than four years, restricting change within programs or changes to major fields of study or educational level within the first year of study without specific prior authorization from Immigration and Customs Enforcement (ICE). In addition, if a foreign student applies for studies at a particular level, they would not be eligible to maintain F-1 status to undertake another program at the same or a lower level. Finally, the traditional 60-day grace period after completion of studies or optional practical training would be reduced from 60 days to 30 days.
- In addition, restrictions regarding coordinating international travel for students while changes of program, or requests for extension of stay might be pending would also be restricted. To date, the policy of USCIS is that if a change of status application is pending when a foreign national departs the United States, the application is considered abandoned- this policy would not change.
- I Visa Classification – for Foreign Media nonimmigrants, the changes proposed by the Department of Homeland Security would mandate that a foreign media organization must have its home office in a foreign country and must be engaged routinely in the regular gathering, production, or dissemination of journalistic information. If the purpose of the foreign media organization is to pursue activities solely for entertainment purposes (i.e. performances or reality television), the I visa would not be granted to the visa applicant.
What is Next?
If the regulations are adopted as proposed, the compliance responsibilities for foreign nationals and their schools, as well as the foreign exchange program sponsors, would increase significantly. We would also expect to see further significant delays in processing times at USCIS, and additional challenges to routine requests for benefits, as stated above. A thirty-day comment period, during which the public will voice its opinion concerning these rules, is expected to end on September 29, 2025.
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