Summary of Proposed Changes to Duration of Status

This update provides a concise summary on behalf of UT San Antonio’s Global Initiatives and International Student and Scholar Services to our international student community to explain possible implications of these regulations, if they are enacted, and how/when impacts might be seen.

It is important to note that even if the regulations are enacted, as written today, this will not affect those already in the U.S. provided they are continuing on the same program, with the same valid I-94. 

Summary

“Duration of Status” (D/S) for individuals in F and J status may face new rules by the Department of Homeland Security (DHS). If finalized, the rule would replace D/S with fixed admission periods of up to four years on Form I-94. Key proposed changes include: 

• Requiring individuals to apply for program extensions through U.S. Citizenship and Immigration Services (USCIS).
• Reducing the F-1 grace period from 60 to 30 days; J-1 grace period would remain 30 days.

• Restricting changes in academic objectives and school transfers (i.e. unless an exception has been authorized by SEVP, Student and Exchange Visitor Program, an F-1 student would not be allowed to transfer to another school until they complete an academic year of a program of study at the school that initially issued their I-20).
• Students from some countries will have shorter fixed terms due to higher overstay rates. See document for more details.

• Limiting English language training to 24 months. 

• Extension of Stay requests will no longer be processed and approved by UT San Antonio’s Office of International Student and Scholar Services. Requests will be filed with USCIS. 
• Students who have already been admitted for the duration of status (D/S) before the effective date of the new rule are permitted to remain in the United States under the prior policy. However, a student becomes subject to the new policy if there are any changes to their academic program such as a change of major, change in degree level, or applying for Optional Practical Training (OPT).

This is only a draft proposed rule and still open to changes. If a final rule is made, it may differ from the proposal. DHS will review public comments, make any revisions, and determine whether to publish a final rule in the Federal Register.  

UT San Antonio Global Initiatives is still analyzing the proposed rule language and may post additional updates, guidance, and/or FAQs.