US Government Proposed Rule to End Duration of Status (D/S)
On September 25, the US Department of Homeland Security (DHS) published a
proposed rule to eliminate duration of status (D/S) for F students, their dependents, J exchange visitors, and their dependents. If finalized as proposed, the regulation would have a significant negative impact on international students and exchange visitors. Some key proposed changes include:
- Removing duration of status for students in F-1 and J-1 status
- Admitting F-1 or J-1 students into the US for a maximum of 4 years at a time (with a maximum of 2 years at a time for citizens of countries on the US State Department Sponsor of Terrorism List and of countries where there is a 10% or more overstay rate for students and exchange visitors)
- Requiring students who would need any additional time beyond what they were originally provided when admitted to the US to either travel outside of the US to apply for a new visa or file an application to extend their status with USCIS (the latter would carry with it a $400 government application fee, and the risk of lengthy (3-5 months or more) processing time). Currently, OGS advisors are able to issue extensions themselves, without any government intervention required.
- Reducing the F-1 grace period (the time students have to remain in the US once they complete their degree) from 60 days to 30 days (J-1 grace period would remain the same at 30 days)
We strongly oppose this proposed rule. It would serve as a barrier to students already in the US, and may well discourage others from considering study in the US. It would also place significant new compliance and administrative responsibilities on affected students in F-1 or J-1 status. NYU is working with a number of organizations, including NAFSA, and colleagues at other schools across the country to oppose this proposed rule. If you also oppose this proposed rule, we encourage you to
submit your comments to the federal government. The comment period is open until October 26 at 11:59 PM ET. As further updates and new advocacy efforts along this topic emerge, we will share them with you.
