US visa shake-up: No more 'duration of status'; plans fixed stay limits for foreign students, exchange visitors

The United States department of homeland security (DHS) has proposed new regulations to eliminate the current “duration of status” framework for certain nonimmigrant categories and replace it with fixed admission periods, ANI reported.

The changes would apply to academic students (F), exchange visitors (J), and representatives of foreign media (I), according to a notice of proposed rulemaking (NPRM) published by US immigration and customs enforcement (ICE).

The DHS said that the current system - which permits these visa holders to remain in the US indefinitely as long as they comply with the terms of their status - does not provide immigration officers with “enough predetermined opportunities to directly verify that aliens are engaging only in authorised activities.”

If implemented, the proposed rule would require these nonimmigrants to apply for an extension of stay (EOS) with DHS if they wish to remain in the US beyond their approved admission date.

The proposed changes follow increasing concerns about visa oversight and national security, with DHS citing a high volume of admissions: over 1.6 million F-1 students, more than 500,000 J visa holders, and over 32,000 I visa holders in 2023 alone.

Key proposed changes include:

• A maximum four-year stay limit for F and J visa holders
• A reduced post-study grace period for F-1 students, from 60 days to 30
• Restrictions on graduate-level F-1 students switching programs mid-course

• A 240-day admission cap for I visa holders, with exceptions for certain cases involving China

According to the NPRM, “greater oversight would deter fraud and abuse and strengthen the integrity of these nonimmigrant classifications.”

The DHS said these changes would align these visa categories with other nonimmigrant classifications that already operate under fixed admission periods and allow officials to “periodically and directly assess whether nonimmigrants are complying with the conditions of their classifications and US immigration laws.”