The End of "Duration of Status"

 

The Department of Homeland Security (DHS) has proposed a major rule change that would end the long-standing practice of "duration of status" (D/S) for F-1 foreign students and J-1 exchange visitors. Instead, international students and exchange scholars would be admitted to the U.S. for a set period, generally capped at four years, after which they would need to apply for an extension or depart the country.

Key Points of the DHS Proposal

End of "Duration of Status" (D/S): F-1 and J-1 visa holders are currently admitted for as long as they maintain full-time enrollment or participation in approved activities, without a set end date. 

Fixed Period Admissions: Under the proposal, admission would match the program end date listed on Form I-20 (for F-1) or DS-2019 (for J-1), but not exceed four years, plus a short grace period (30 days for departure).

Extensions Required: Students or scholars needing additional time must apply directly to DHS for an extension of stay before their authorized period ends.

Transition for Current Students/Visitors: Those already in the U.S. on D/S could remain until their program end date, but for no more than four years from the rule’s effective date, and would also need to seek an extension to stay longer.

Shorter Grace Period: The F-1 visa grace period after program completion would be cut from 60 days to 30 days, matching the J-1 and M-1 categories.

Other Related Changes: The proposal also adjusts rules on multiple degrees, changes of schools or programs, and the accrual of unlawful presence.

Impact of the Proposed Change

The new rule increased uncertainty for international students, particularly those in longer programs or seeking Optional Practical Training, would face uncertainty and must plan for mid-program status extensions.

There is also the issue of program duration mismatches.  The National Center for Education Statistics finds the median time to complete a bachelor's degree in the U.S. is about 4.3 years, and the median for a Ph.D. is nearly 5.7 years, so many students would be impacted by the four-year cap.  More frequent extension requests would increase workload for both students and university administrators.  The USCIS' workload will also increase.

What's Next

The DHS proposal, if implemented, would mark a fundamental change to U.S. visa policy for international students and scholars, introducing fixed deadlines and potentially reshaping the global landscape for higher education.  The rule is open for public comment until September 29, 2025, and educational institutions and advocacy groups are expected to weigh in.  Although there may be some minor changes to the proposal, the main portions of the rule will likely be implemented.  International students and scholars should plan their immigration journey accordingly. 


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Foreign Student Issues Regarding Social Security Card, Driver’s License and I-20s

Recently, some F and M students have encountered problems when applying for a Social Security number (SSN) or driver’s license. AILA reported that the Student and Exchange Visitor Program (SEVP) is aware of these difficulties and is working with U.S. Citizenship and Immigration Services’ Systematic Alien Verification for Entitlements (SAVE) Program on a solution that will be implemented on September 14, 2012. 

For  F and M students who had problems applying for a SSN and / or driver’s license, they now have two options:  Number one, they can wait until September 14, 2012 after the solution is implemented and then return to the Department of Motor Vehicles (DMV) or Social Security Administration (SSA) office in their state to reapply again. Secondly, they may also send an email to this email address at Department of Homeland Security - dmvssa.sevp@ice.dhs.gov – and ask for assistance.  However, be warned that this option may take longer time to generate a response.  They should include the following information in the email: 1. Benefit requested (SSN or driver’s license) 2. Family name 3. First name 4. Date of birth 5. Form I-94, “Arrival/Departure Record,” admission number (11 digits) 6. SEVIS ID 7. Applicant’s physical address (required), phone number (required), and e-mail 8. Address of the office where problem occurred (and the name of the officer, if known) 9. Date of the latest visit to office. 

Separately, there has been a change in the I-20 stamping policy at airports and other U.S. ports of entry for foreign students.  Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status for academic and language students, and Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students are official U.S. government forms that serve as evidence of a foreign student’s acceptance by a certified U.S. school.  Before a foreign student can study in the U.S., he or she must first apply for a Form I-20 from an SEVP-certified school.  In order to apply for an Form I-20, foreign students are usually required to produce academic documents such as high school diploma and college transcripts, financial support documents such as bank statements showing sufficient funds, and proof of English proficiency such as TOEFL scores. 

For many years, it has been the former INS (Immigration and Naturalization Service) and current CBP (Customs and Border Patrol)’s policy to stamp a foreign student’s I-20 and I-94 whenever the student is admitted into the U.S. as a student.   For example, an F-1 student’s I-20 is usually stamped “D/S” or duration of status to signify that the student is allowed to stay in the U.S. for the duration of his or her studies.   Sometimes, an actual expiration date may also be stamped on the I-20 such as in the case of an M-1 student. 

CBP is no longer stamping the I-20 due to the implementation of the Electronic Immigration System (ELIS).  It appears that ELIS keeps track of foreign students’ status electronically and therefore no longer requires the physical stamping of I-20s.  As such, CBP has ceased the practice of I-20 stamping at the ports of entry.   Foreign students should no longer expect that their I-20 be stamped upon approval of their change of status or their return to the U.S.  If they encounter any issues with other government agencies (e.g., DMV, SSA), they should follow the above mentioned guidelines for resolution.  For issues relating to their driver’s licenses, they could also contact the Office of Public Engagement of USCIS for assistance.  The driver’s license is one of the most important documents used in the U.S., especially for foreign students.  The driver’s license does not only allow the holder to drive legally in the U.S., it also serves as an ID document that is required for many different situations.  Foreign students should plan ahead of time if they need to apply for a new driver’s license or for a replacement.  In light of the recent changes in government policies, it is even more important to apply early.