DHS Proposed Rule on Duration of Status

On Friday, September 25, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule to eliminate duration of status (D/S) for F-1 students, J-1 Exchange Visitors, and their dependents, as well as other provisions that could impact on our international visitors. This is still a proposed rule and not currently in effect, and OIS will not change any current processes.  You can find a detailed summary here, and we have highlighted the main points below:

  • Individuals admitted in F or J status would be issued a Form I-94 with a fixed expiration date (we do not yet know exactly how this will work in practice)
  • Students and scholars who need additional time beyond the I-94 expiration date to complete their program objectives must file an Extension of Stay (EOS) request with USCIS using form I-539 (under current rules, extensions are handled by a university’s DSO or ARO/RO)
  • The F-1/F-2 grace period provided at the end of the student’s program would be shortened from 60 days to 30 days; the J-1/J-2 grace period will remain 30 days

There is a 30-day period during which the public can comment on the proposal, which the government will review before the final rule is published. As mentioned, these comments are open to the general public, so anyone, regardless of immigration status, can participate in the feedback. You can find the link here. The Office of International Services will continue to analyze the rule (and any changes resulting from the 31-day comment period) and determine its impact on the UT Health San Antonio community. If a final rule is published, we will communicate next steps as quickly as possible to you and campus partners.

Please let us know if you have any additional questions or concerns, or OIS can be of assistance during this time.

Additional Resources:

Article Categories: Immigration, News