US eliminates 'Duration of Status' for F-1 and J-1 visa holders

The U.S. Department of Homeland Security (DHS) has announced a significant policy change, eliminating the "Duration of Status" (D/S) system for certain non-immigrant visa holders. This modification, set to take effect on September 15, will replace the indefinite period of stay previously granted with a fixed admission date.

The change primarily impacts holders of F-1 visas (students) and J-1 visas (exchange visitors), among other categories. Previously, these individuals could remain in the United States as long as they were fulfilling the terms of their visa, such as completing their studies or program. The new regulation mandates that these individuals will now be admitted until a specific date indicated on their I-94 arrival record.

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For nearly half a century, the obsolete 'duration of status' system has compromised national security and created an environment conducive to immigration fraud.

DHS Secretary Markwayne Mullin stated that the "obsolete" D/S system had compromised national security and facilitated immigration fraud for nearly half a century. He asserted that implementing clear, defined limits for these visas will restore the U.S.'s ability to properly examine, investigate, and monitor individuals within its borders. Mullin emphasized that the rule ensures foreign students remain focused on their primary objective: completing their studies and returning home.

Individuals already in the U.S. under the D/S framework before the effective date will continue under the current rules. However, they are advised to avoid international travel and complete their programs before the transition period ends. Those who require an extension beyond their I-94 date, such as students whose academic programs exceed four years, will need to follow specific procedures outlined by the DHS.

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By implementing clear and defined limits for these visas, the United States regains its ability to properly examine, investigate, and monitor individuals within its borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home.