The Department of Homeland Security recently issued a final rule that significantly changes how F, J, and most I nonimmigrant visa holders maintain lawful status in the United States. For more information, be sure to read the full ruling here. We’ve outlined some of the key changes below:
Fixed Periods of Admission Replace Duration of Status
F and J nonimmigrants will now receive fixed admission periods instead of remaining in status for the duration of their program. Now, they are limited to the program end date listed on Form I-20 or DS-2019, up to a maximum of four years. Additionally, extending a program through SEVIS will no longer extend lawful status. Individuals must monitor their Form I-94 expiration date and, if needed, file a timely Extension of Stay (EOS) application with USCIS.
Most I nonimmigrants will no longer be admitted for the duration of status and instead will be admitted for a fixed period of up to 240 days. This change does not apply to individuals holding passports from the People’s Republic of China (PRC), excluding the Hong Kong and Macau Special Administrative Regions (SARs), who will continue to be admitted for a maximum of 90 days.
F or J Programs Exceeding Four Years Require USCIS EOS Filings
Students and exchange visitors in programs exceeding four years, such as many doctoral and research programs, must file an EOS application before their I-94 expires or depart and reenter the U.S. in a new period of authorized stay.
F-1 Grace Period Reduced to 30 Days
The post-completion grace period for F-1 students is reduced from 60 days to 30 days, leaving less time to depart, transfer schools, or change status.
Admission for Nonimmigrant Dependents
For all nonimmigrants, when family members apply for extensions of stay together, the entire family will now be granted the same extension period, which is based on the earliest passport expiration date or the date a dependent ages out. As a result, the principal applicant’s period of stay may be shortened.
I Foreign Information Media Representatives
I foreign media representatives will now be admitted for a maximum of 240 days and will need to file extension applications or depart and reenter with a new visa. As a transitional measure, the final rule permits foreign media representatives who are present in the United States on the rule’s publication date to remain for up to 300 days. However, those traveling on passports issued by the People’s Republic of China (PRC) may remain for only up to 150 days.
Overall, the rule shifts maintenance of status from a largely SEVIS-based process to one that requires more frequent USCIS filings and careful monitoring of admission periods.
Contact An Immigration Lawyer Today
Reeves Immigration Law Group has decades of experience in handling visas for students and tourists and has successfully handled some of the most complex cases. Our team of immigration attorneys understands your concerns and will work with you to provide a personalized approach to meet your immigration needs.
Contact us today to speak with one of our immigration attorneys regarding recent legislative changes and for help with setting up your case for success.
