Department of Homeland Security Publishes Final Rule Eliminating Duration of Status

On July 17, the Department of Homeland Security (DHS) published a final rule eliminating the "duration of status" (D/S) policy for F and J nonimmigrants.  The rule is scheduled to take  effect on September 15,  60 days after publication. The rule is subject to congressional review. At the conclusion of the congressional review, if the effective date has been changed; DHS will publish a document in the Federal Register to establish the actual effective date or to terminate the rule. 

Under current regulations, D/S generally allows F and J visa-holders to remain in the United States as long as they continue to maintain their status and participate in their authorized academic or exchange program and allows students to request extensions of their I-20s/DS-2019s from their school’s Designated School Official or Alternate Responsible Officer (at Drexel, their ISSS advisor). Under the new regulation, F and J nonimmigrants will be admitted to the United States for a fixed period corresponding to the length of their program, up to a maximum of four years. Students who enter the U.S. on or after September 15 (or the effective date of the final rule) will therefore receive a date-specific I-94 upon entry/re-entry. ISSS advises students to plan their travel to the US accordingly and to carefully review their I-94 information upon re-entry to the U.S. 

Following implementation of the final rule, students who need additional time to complete their programs or participate in post-completion Optional Practical Training (OPT) will be required to apply directly to U.S. Citizenship and Immigration Services (USCIS) for an extension of stay. Alternatively, students may travel internationally and seek a new period of admission upon reentry to the United States. 

ISSS is currently reviewing the final rule and assessing its impact on the Drexel community.  We will provide additional information and guidance in the coming weeks. 

For more preliminary information about the final rule , please consult the latest updates from Klasko Immigration Law Partners, Fragomen and NAFSA, Association of International Educators.