Withdrawal of DHS Proposal to Eliminate Duration of Status

U.S. Immigration and Customs Enforcement (ICE) originally proposed modifying the period of authorized stay for certain categories of nonimmigrants traveling to the United States by eliminating the availability of "duration of status" and by providing a maximum period of authorized stay with options for extensions for each applicable visa category. On September 25, 2020, the Department of Homeland Security (DHS) published a proposed rule to eliminate duration of status (D/S) for F students and their dependents, J exchange visitors and their dependents, and I media representatives.  If this rule were enacted, individuals in the F, J, and I categories would have been admitted for a fixed period of time with specific expiration dates, and all F, J, and I nonimmigrants who wish to remain in the United States beyond their specifically authorized admission period would need to apply for an extension of stay directly with USCIS or to depart the country and apply for admission with CBP to be admitted at a port of entry (POE).

According to the Spring 2021 Regulatory Agenda, DHS intends to withdraw this proposed rule.  Nonimmigrants in F, J, and I categories will continue to be admitted into the United States for the period of time that they are complying with the terms and conditions of their nonimmigrant category (“duration of status”), rather than an admission for a fixed time period with a specific expiration date that would need to be extended with USCIS or by departing the U.S. to be admitted again by CBP.