DHS has released proposed rules that will drastically change the student and exchange visitor visa programs. Here is a link to the rules, which will be officially published tomorrow. Federal Register :: Public Inspection: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media
Here is a brief summary of what it includes:
Summary of Proposed Regulatory Provisions
1. General Changes (8 CFR 214.1)
- End of D/S (Duration of Status): All references to D/S for F (students), J (exchange visitors), and I (foreign media) nonimmigrants would be removed.
- Admission Requirements Updated: New rules for admission of F and J visa holders, including those on OPT or academic training, and for short trips to Canada/Mexico (≤30 days).
- Extension of Stay (EOS): Clear process outlined for filing EOS applications for F, J, and I nonimmigrants.
- Pending EOS Applications: Rules on what happens if a student/traveler departs while an EOS or EAD request is pending.
- Transition Procedures: Framework for moving from D/S to fixed time periods of stay.
- Future-Proofing: Replace specific form names/numbers with general language for flexibility.
2. Special Requirements (8 CFR 214.2)
- Fixed Periods: F and J nonimmigrants admitted for program length, capped at 4 years.
- Transfers & Educational Objectives:
- F-1 students must complete the first academic year at the initial SEVP-certified school (exceptions possible).
- Graduate-level F-1 students prohibited from changing programs mid-course.
- F-1s must progress to a higher educational level; no lateral or lower-level switches.
- Grace Period Shortened: Departure preparation time reduced from 60 days to 30 days after completing studies or OPT.
- Biometrics: Required with EOS applications.
- Language Training: Limited to 24 months total (including breaks).
- Program Delays: Delays caused by probation, suspension, or failure to progress are generally not valid reasons for extensions.
- Work Authorization Auto-Extension: Pending timely EOS allows continuation of on-campus and certain off-campus employment for up to 240 days, or until DHS notice expires.
- I Visa (Foreign Media):
- Admission fixed to assignment duration, capped at 240 days (except some Chinese nationals).
- EOS available with new requirements.
- Codifies definition of “foreign media organization.”
- Updated evidence requirements for eligibility.
- Work authorization continues up to 240 days if EOS is pending.
- J Visa (Exchange Visitors):
- J-1s with employer-based work authorization can continue for 240 days if EOS pending.
- J-2 dependents lose work authorization when EAD expires (no auto-extension).
- Terminology: All references to “duration of status” and “duration of employment” removed.
- Severability Clause: If any part of the rule fails, remaining provisions still take effect.
3. Other Amendments (8 CFR 248.1)
- Updates to eligibility for change of status, aligned with the fixed-period admission system (details not fully included in excerpt).
✅ In short:
DHS proposes replacing open-ended “duration of status” with fixed, limited admission periods for F, J, and I visa holders (generally up to 4 years for F/J, 240 days for I). It tightens transfer and program-change rules for students, reduces grace periods, requires biometrics, restricts language study, and limits program extensions. Work authorization can continue temporarily while EOS applications are pending, but J-2 dependents lose that benefit.
Here is a comparison chart thanks to AI summaries:
| Category | Current Rule (D/S system) | Proposed Rule (Fixed Admission) |
|---|---|---|
| Admission Period | “Duration of Status” (no fixed end date; stay valid as long as compliant with program/sponsor rules) | Fixed time period tied to program length (max 4 years for F/J; 240 days for I visa holders) |
| Extensions of Stay (EOS) | Rarely required; status managed by school/program sponsor | Must apply to USCIS for EOS or depart and re-enter; procedures formalized |
| Grace Period after Studies/OPT | 60 days to prepare departure | Reduced to 30 days |
| Transfers Between Schools/Programs | Allowed with SEVP notification; relatively flexible | Stricter: • Must complete 1st year at original school • No mid-program changes for graduate-level F-1s • New program must be at a higher level (no same/lower transfers) |
| Delays in Study Completion | Program extensions typically granted if school supports | Extensions denied for delays caused by probation, suspension, or repeated academic failure |
| Language Training Students | No strict national limit (program-specific) | Capped at 24 months total, including breaks |
| Biometrics | Generally not required | Mandatory with EOS applications |
| Employment Authorization (Students) | On-campus/off-campus work authorized per D/S; OPT/CPT rules apply | EOS pending = auto-extension up to 240 days for on-campus or emergent-circumstance off-campus work |
| J-1 Work Authorization | Employment incident to status; D/S protects continuity | 240-day continuation if EOS pending; but J-2 dependents lose work authorization when EAD expires |
| I Visa (Foreign Media) | D/S until assignment ends; no fixed timeline | Fixed admission (≤ 240 days, exceptions for PRC nationals); EOS possible; work continues during pending EOS (≤240 days) |
| Definition of Foreign Media Organization (I) | Practice-based; not codified | Codified definition + updated evidence requirements |
| Terminology | References to “duration of status” / “duration of employment” | All references removed; replaced with fixed-period admission |
| Severability | Not explicit | New severability clause: if one part fails, the rest still stands |
