DHS Finalizes Fixed-Term Stay Rule for Foreign Students, Exchange Visitors, and Media Representatives

The Department of Homeland Security (DHS) has finalized a significant regulatory change affecting international students and exchange visitors by ending the longstanding “duration of status” (D/S) framework for several nonimmigrant classifications.

Under the new rule, most F-1 academic students will be admitted to the United States for a fixed period of up to four years rather than being allowed to remain in the country for as long as they maintain compliance with their educational program.

The rule represents one of the most consequential changes to the student visa system in decades and is expected to affect more than one million international students studying in the United States.

Background

For many years, F-1 students were generally admitted for the duration of their academic program, provided they:

• Maintained full-time enrollment;
• Complied with visa requirements; and
• Continued to make normal academic progress.

This system allowed students to remain in the United States throughout their educational program without having to periodically seek extensions of their immigration status.

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Who Is Affected?

The finalized rule affects:

• F-1 students
• J-1 exchange visitors
• Certain dependents in related classifications
• Individuals in the I (foreign media) category

In addition to students, the changes may affect:

• University researchers;
• Visiting scholars;
• Medical trainees;
• Academic exchange participants; and
• International journalists.

DHS Rationale

DHS stated that the rule is intended to address concerns related to:

• National security;
• Immigration compliance;
• Visa overstays; and
• Program integrity.

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