Proposed Rule
The Department of Homeland Security (DHS) has proposed a rule to eliminate the Duration of Status (D/S). OISS is monitoring the progress of this rule change and will provide updates to campus when the final rule is released. Currently the rule is pending review with the Office of Management & Budget (OMB) which is the final step before the final rule is released. Please note that there will be a 60 day window before the rule goes into effect.
OISS is available to consult on the proposed rule, however, please be aware that all details are subject to change until the final version is released.
You can read the draft rule here. Please stay tuned for updates as they become available, we appreciate your patience as we navigate these changes.
Understanding the Proposed Change to Visa Stays
Most international visitors are given a specific date by which they must leave the U.S. However, under the current system, academic students (F visas) and exchange visitors (J visas) are usually granted "Duration of Status." Meaning instead of a fixed expiration date, F-1 and J-1 visa holders are permitted to stay in the U.S. for as long as they are actively participating in their program and following all the rules.
- The proposed change: The Department of Homeland Security (DHS) wants to end this flexible timeline. Instead of "Duration of Status," students and scholars would be given a set expiration date from the moment they enter the country. Such date can be found on their I-94 port of entry record.
- Why this matters: Under the new proposal, if a student or scholar program takes longer than expected, they would have to formally apply for an extension to stay in the U.S. legally.
F-1 and J-1 Degree seeking students
Information will be provide pending final ruling
J-1 Non-degree seeking students
Information will be provide pending final ruling
J-1 Exchange Visitors, Scholars and Professors
Information will be provide pending final ruling