US Proposes Major Shift for F, J, and I Visa Holders: Fixed Stay Limits Ahead

A significant shift is on the horizon for thousands of international students, exchange visitors, and foreign media representatives in the United States. The Department of Homeland Security (DHS) has unveiled a sweeping proposal that seeks to overhaul the long-standing "duration of status" (D/S) policy, replacing it with fixed admission periods for F (academic and language students), J (exchange visitors), and I (media representatives) nonimmigrant visa holders.

This proposed rule marks a dramatic departure from the current system, where individuals on these visas could remain in the U.S.

as long as they actively pursued their academic program, participated in their exchange, or performed their journalistic duties. Under the new framework, most F and J visa holders would be granted a maximum admission period of four years. For I visa holders, the proposed period is 240 days, with the possibility of extensions.

Why the change? The DHS cites national security concerns and a desire to enhance monitoring capabilities as primary drivers.

They argue that the D/S system makes it challenging to accurately track individuals who overstay their visas, as there's no fixed end date to their authorized stay. By implementing a concrete end date, the department believes it can better identify and address potential overstays, thereby improving overall program integrity and national security.

However, the proposal isn't a one-size-fits-all solution.

In an effort to mitigate perceived risks, the DHS suggests even shorter admission periods – up to two years – for F and J visa holders who are citizens of countries with high overstay rates for these visa categories, or for those enrolled in institutions not participating in E-Verify (a federal system used to confirm employment eligibility).

This tiered approach aims to target specific concerns but also introduces complexity.

The implications of this potential policy change are vast and have already sparked considerable debate. Educational institutions across the U.S. are expressing concern, fearing that the added administrative burden and the uncertainty of extensions could make the United States a less attractive destination for international talent.

Immigrant advocates echo these sentiments, warning that legitimate students and scholars could face undue stress and potential disruptions to their studies or work, even if they fully comply with program requirements.

Under the new system, extending one's stay would require a proactive application to U.S.

Citizenship and Immigration Services (USCIS), complete with a fee and compelling proof of continued eligibility. This process could introduce delays, financial strain, and administrative hurdles for individuals who simply need more time to complete their programs due to academic requirements, research needs, or other legitimate reasons.

The proposed rule was published in the Federal Register, initiating a 60-day public comment period.

This crucial phase allows interested parties – from universities and advocacy groups to individual students and exchange visitors – to voice their opinions and provide feedback to the DHS. The outcome of this consultation period will significantly shape whether, and in what form, these groundbreaking changes ultimately come into effect.

As the debate unfolds, the international community, along with U.S.

academic and cultural institutions, will be closely watching. This proposal represents a pivotal moment for U.S. immigration policy, potentially redefining the experience of international visitors who contribute immensely to the nation's economy, research, and cultural exchange.