Proposal to Replace Duration of Status

October 23, 2018


On October 17, 2018, the Administration published the Fall 2018 regulatory agenda. Among many items that continue to appear from prior agendas, this agenda adds reference to a plan to replace the duration of status (D/S) admission period with "a maximum period of authorized stay, and options for extensions, for each applicable visa category." The Bureau of Immigration and Customs Enforcement (ICE) item notes a 09/00/2019 target date for publication of a proposed rule, with the following description:

Establishing a Maximum Period of Authorized Stay for F-1 and Other Nonimmigrants.

U.S. Immigration and Customs Enforcement (ICE) will propose to modify the period of authorized stay for certain categories of nonimmigrants traveling to the United States from "duration of status” (D/S) and to replace such with a maximum period of authorized stay, and options for extensions, for each applicable visa category...

...The failure to provide certain categories of nonimmigrants with specific dates for their authorized periods of stay can cause confusion over how long they may lawfully remain in the United States and has complicated the efforts to reduce overstay rates for nonimmigrant students. The clarity created by date-certain admissions will help reduce the overstay rate...

...ICE is in the process of assessing the costs and benefits that would be incurred by regulated entities and individuals, as well as the costs and benefits to the public at large. ICE, SEVP certified schools, nonimmigrant students, and the employers of nonimmigrant students who participate in practical training would incur costs for increased requirements. This rule is intended to decrease the incidence of nonimmigrant student overstays and improve the integrity of the nonimmigrant student visa.

Because the item broadly refers to "F-1 and Other Nonimmigrants," it may include J exchange visitors and I journalists too, who are also admitted for D/S. So are A diplomats and G international organization employees, but it may be less likely that the proposal would cover A and G nonimmigrants given their diplomatic or quasi-diplomatic nature.

As stated, the Fall 2018 regulatory agenda notes a September 2019 target date for publication of a proposed rule on which the public will have an opportunity to comment, so no change is expected in the short term. No further details are available at this time. NAFSA is planning to challenge the proposal.

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