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Global Engagement
The University of Mississippi – Office of Global Engagement

Analysis of Proposed DHS Regulation Regarding Duration of Status

Posted on: September 29th, 2020 by blair

On Friday, September 25, 2020, the Department of Homeland Security (DHS) published a proposed rule that would eliminate Duration of Status (D/S) for F-1 students, J-1 exchange visitors, and F-2/J-2 dependents. This is a proposed rule that currently does not have an effective date. As a proposed rule, it will proceed through the standard public notice and comment procedures before a final rule is published.

Here is a summary of what this proposed rule would mean for you if it were to become a final published rule:

  • Elimination of D/S: Currently, F-1 and J-1 visa holders can stay in status for as long as their Form I-20 or DS-2019 has been issued (often the selected form end date is based on the expected graduation date or program completion date). Under this rule, these individuals would be given a 4-year admission period unless the student or scholar is subject to a limited 2-year admission period.
  • Groups subject to the 2-year limit:
    • Individuals who were born in or are citizens of countries on the State Sponsor of Terrorism List. Currently, these countries are Iran, Syria, Sudan, and North Korea.
    • Citizens of countries with a student and exchange visitor total overstay rate of greater than 10% as published in the DHS Entry/Exit Overstay report.
    • Individuals who warrant a 2-year maximum admission period would be in the US national interest as deemed by the DHS Secretary.
  • Requirement to submit Extension of Stay (EOS) requests to the US government in order to extend the stay beyond the 2- or 4- year period.
  • Reduction of F-1 grace period from 60 days to 30 days.

For additional details included in this rule, please review the proposed rule published in the Federal Register.

The Office of Global Engagement will continue to analyze the rule (and any changes resulting from the 31-day comment period) and determine its impact on the UM community. If a final rule is published, OGE will widely communicate its effect on the UM community to international students and scholars, as well as campus partners.

We value the contributions that international students and scholars bring to UM, Mississippi, and the United States. We will continue to advocate for UM’s international students and scholars and fight against these types of unfavorable immigration policies.

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