U.S. Immigration and Customs Enforcement (ICE) recently withdrew a Notice of Proposed Rulemaking (NPRM) regarding the duration of status for F, J, and certain I Visa holders. These are visas for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.

The NPRM sought to eliminate the duration of status for certain visa holders and create a fixed time status. Under the proposed rule, nonimmigrants hoping to stay in the U.S. beyond their fixed admission allowance would be required to apply for an extension with U.S. Citizenship and Immigration Services (USSCIS). The other option was to leave the U.S. and apply for admission again with the U.S. Customs and Border Protection agency at their port of entry.

The Department of Homeland Security (DHS) opened the NPRM for comments in September of 2020. The 30-day public comment period drove over 32,000 comments. More than 99% of comments were against the proposed rule. Some of the specific issues noted are discrimination against certain people based on their nationality, the burden that would be placed on foreign students, exchange students, and foreign media members. They also noted the additional effort that would be required by employers as a result. Supports of the NPRM, less than 1%, stated concern over protecting U.S. workers’ jobs and potential espionage.

DHS reviewed the comments. They stated some of the concerns may be justified but believe that the NPRM is in direct opposition to Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. DHS stated they still support the goals of the NPRM.

ILBSG continues to monitor U.S. immigration policy. If you have questions about your F, J, or I visa or any other immigration-related issue, contact us. We are here to help.

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