On Thursday, September 24, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule to eliminate duration of
status (D/S) for F-1 students, J-1 exchange visitors, and F-2 and J-2 dependents.
The DHS’s current D/S policy allows students to remain in the United States for the duration of their academic program and post-completion OPT or Academic Training. D/S is shown on the I-94 document as “Admit Until: D/S,” and students and scholars can
remain beyond their I-20 or DS-2019 program end dates when it is academically necessary or in order to do OPT or Academic Training after their program ends.
DHS is proposing the following changes to this policy. Please be aware that this is a proposed rule and no official changes have occurred that would affect a current student’s or scholar’s immigration status in the United States:
- Individuals admitted in F or J status would be issued a Form I-94 with a fixed expiration date, by which time they would need to depart the United States.
- The fixed period of admission would be two to four years for F students. Many international students would be admitted to the United States for up to the length of their I-20, not to exceed four years.
- Students and scholars who need additional time beyond the I-94 expiration date to complete their program objectives would be required to file an Extension of Stay (EOS) request with USCIS using Form I-539.
- The F-1/F-2 grace period provided at the end of the student’s program would be shortened from 60 days to 30 days; the J-1/J-2 grace period would remain 30 days.
DHS had a 30-day comment period open to the public that allowed for written comments. The New School, other universities,
and thousands of people submitted comments. This comment period closed with more than 32,000 submissions. DHS is now in the process of looking over the comments and determining if a final rule will be published.
With the change of the presidential administration the final outcome of this proposed rule is uncertain. ISSS will continue to work with the New School administration and with colleagues at
peer institutions and in professional associations to advocate on behalf of all of our international students and scholars. We will update this site once a final ruling has been made.