Key Points
- DHS is withdrawing a proposed “duration of status” rule that would have set a maximum period of stay for exchange visitors, media personnel, and foreign students
- DHS published the proposed rule on September 25, 2020
- DHS never published the rule after receiving strong opposition during the 30-day public comment period
- The agency will remove the proposed rule from the Federal Register
- Rules for the duration of status will remain unchanged
Overview
On July 6, 2021, the US Department of Homeland Security (DHS) will withdraw a “duration of status” proposed rule that would have set a maximum period of stay for exchange visitors, foreign students, and media personnel.
Background
DHS published the proposed rule on September 25, 2020. If implemented, the rule would have imposed a fixed period of admission and eliminated the availability or duration of status (D/S) for J, F, and I nonimmigrants. Additionally, it would have established new requirements for individuals to maintain or extend their status.
After issuing the proposed rule, DHS accepted comments during the mandatory 30-day public comment period. The agency never implemented the rule due to an overwhelmingly negative response to the proposed rule. Over 99% of comments received during the public comment period opposed the rule’s implementation.
Looking Ahead
Since the rule was never implemented and will now be withdrawn, the current rules on the duration of status for J, F, and I nonimmigrants will remain the same.
