Dane Macaskill

The Department of Homeland Security (DHS) has announced publication of a final rule (the Rule) that significantly impacts the terms under which students, trainees, interns, and exchange visitors may pursue academic and experiential opportunities in the United States.

The Rule represents one of the most significant changes to student and exchange visitor immigration policy in decades. It ends the long-standing Duration of Status (D/S) system and requires most F-1 and J-1 visa holders to undergo periodic DHS review through a formal extension process if they remain in the United States beyond their initial admission period.

The Rule takes effect 60 days after publication, subject to congressional review, and will immediately affect new F-1 and J-1 nonimmigrants, as well as individuals whose employment authorization documents (EADs), Forms DS-2019, or Forms I-20 are expiring. F-1 and J-1 nonimmigrants whose programs will terminate within four years of the Rule’s publication generally will be permitted to stay in the United States through the program end dates.

Major changes include:

• No more open-ended status. Students and trainees will be admitted for a fixed period of up to four years. Extensions beyond the four-year limit will be available, but applicants must file Form I-539 to request additional time.
• Reduced grace period. The grace period following completion of a program has been reduced from 60 days to 30 days.
• Limitations on transferring schools and switching majors. Transfers and changes to educational objectives are prohibited during the first academic year, absent a Student and Exchange Visitor Program (SEVP)-approved exception. Graduate-level students generally may not change objectives or transfer schools.

For Designated School Officials (DSOs) at universities and J-1 program administrators at host organizations, the Rule represents a major departure from prior practice. In many ways, DHS has shifted authority away from DSOs and program sponsors and back to United States Citizenship and Immigration Services (USCIS).

Under the current D/S system, DSOs and designated J-1 program administrators can often:

• Extend program end dates in SEVIS.
• Facilitate program transfers.
• Manage many status-related issues without USCIS involvement.

Under the new Rule:

• USCIS, not the DSO or J-1 program administrator, makes key decisions about whether a student or trainee may remain in the United States beyond the authorized admission period.
• A DSO or J-1 program administrator’s recommendation becomes only one factor USCIS considers in an extension-of-stay (EOS) adjudication.

At the same time, the compliance expectations that will rest with the DSO or J-1 program administrator will increase. The requirement that students must file extensions of status will require that DSOs and program administrators track admission end dates, and not just program end dates. SEVIS -related activity supporting these requests will likely increase. Universities and J-1 hosts, including medical institutions, should expect a surge of questions from students and trainees regarding filing deadlines, employment implications, travel considerations, transfer options, and extension requirements. 

Please reach out to our experienced Immigration Team at UBG for help with any questions or challenges that arise during this transition.

The information provided in this alert reflects the information and guidance we have available as of the date of publication and is subject to change. This legal update was prepared by UB Greensfelder LLP and is not intended as a substitute for professional legal advice, nor does it create an attorney-client relationship.