DHS Withdraws “Duration of Status” Rule

July 7, 2021 Ian Love

The U.S. Department of Homeland Security (DHS) has withdrawn a “duration of status” proposed rule that would have set a maximum period of stay for exchange visitors, foreign students and media personnel.  

Overview 

Current law provides that students, exchange visitors, and media personnel are admitted to the United States for duration of status, meaning that they do not have a fixed end date for their lawful stay in the United States, allowing for flexibility as long as they remain in compliance with the terms of their admission. DHS published the proposed rule on Sept. 25, 2020. If implemented, it would have imposed a fixed period of admission and eliminated the availability of duration of status for F, I, and J nonimmigrants. It would have also established new requirements for individuals to maintain or extend their status.  

After issuing the proposed rule, DHS accepted feedback during the mandatory 30-day public comment period. The agency never moved forward due to an overwhelmingly negative response to the proposed rule. Over 99% of comments received during the public comment period opposed the rule’s implementation.  

Looking Ahead

Since the rule was never implemented and will now be withdrawn, the current rules on duration of status for F, I, and J nonimmigrants will stay the same.  

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Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is a Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm. 

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional. 

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