The Department of Homeland Security announced on July 17 the publication of a finalized rule that eliminates the “duration of status” loophole, which previously allowed foreign students, exchange visitors, and media representatives to remain in the United States indefinitely without routine government oversight.
The new regulation introduces a fixed period of admission for nonimmigrant visa holders in F, J, and I classifications. This change is intended to restore integrity to the nation’s immigration system by combating visa abuse and strengthening national security through regular vetting. Fixed periods are already standard for many other types of nonimmigrant visas.
“For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud,” said DHS Secretary Markwayne Mullin. “For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home.”
Since 1978, foreign students have been admitted without specified end dates under “duration of status,” enabling some individuals to become so-called “forever students” by continuously enrolling in academic programs. The new rule establishes several reforms: F visa holders and J exchange visitors will be admitted only for their program length up to four years; extensions must be formally requested from U.S. Citizenship and Immigration Services with biometric vetting; departure grace periods are reduced from 60 days to 30 days; and there are new restrictions on changing academic programs.
All provisions outlined in this regulation will take effect 60 days after publication in the Federal Register. Current nonimmigrant visa holders under the old framework will automatically transition into this new system with authorized stays capped at four years from when the rule becomes effective.
The Student and Exchange Visitor Program (SEVP), managed by U.S. Immigration and Customs Enforcement as part of DHS oversight, will continue managing schools as well as monitoring international students using its information systems.