Proposal to Replace Duration of Status

May 23, 2019

 

In the Fall 2018 regulatory agenda, DHS added reference to a planned proposal 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." DHS indicated a target date of 09/00/2019 in the Fall 2018 regulatory agenda. The Establishing a Maximum Period of Authorized Stay for F-1 and Other Nonimmigrants item is retained in the Spring 2019 regulatory agenda, with a revised target date of 02/00/2020.

Regulation Identifier Number (RIN) 1653-AA78 Abstract:

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.

Additional descriptors from the Fall 2018 RIN item that are no longer in the Spring 2019 RIN item: 

...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.

The action date for publication included in the regulatory agenda is a target date, which is subject to change. This item is also listed at the proposed rule stage, which means that any future rule making would proceed through normal APA public notice and comment procedures before any final rule is published.

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