The Department of Homeland Security (DHS) issued a July 17 final rule that removes duration of status (D/S), a long-standing regulation that allowed F, J, and I visa holders to stay in the United States until they finish their program of study. In its place, the department implemented a fixed-term policy that allows individuals to stay in the country based on the length of their training program, not to exceed four years. Individuals who wish to stay past this limit are required to file for an extension of status with the United States Citizenship and Immigration Services.
The department will provide a four-year transition period for F and J nonimmigrants in D/S on the day the rule takes effect. During this period, these individuals “do not need to have their Form I-94 corrected to a date certain, provided they continue their studies or programs listed on their DS-2019s or I-20s. … They will be allowed to stay in D/S until the program end date on those DS- 2019s and I-20s or 4 years after the effective date of the rule, whichever comes first.” Individuals who leave the country with a D/S will be issued a new I-94 with a date certain upon their return.
The final rule modifies the process for filling out visa documentation to allow individuals on yearly contracts (which includes most resident physicians, faculty, and researchers) to base their fixed term on the length of program, not contract length. Without this fix, these individuals would be required to obtain an extension every year.
- Washington Highlights