Proposed Rule on Duration of Status

On Friday, October 23, 2020 OIS presented a session on the proposed federal regulation regarding the change in F-1 and J-1 status rules, which would eliminate the D/S I-94.  The presentation included the following information:

  • What is Duration of Status
  • Proposed Rule Provisions
  • Process for Enacting Regulation
  • Resources and Comments Information

You can view the PowerPoint presentation here.  OIS will continue to keep our community apprised of the proposed regulation and its process as it moves forward. If you have any questions, please contact OIS.

Updated on October 27: The University of Pittsburgh has filed two documents with the federal government in opposition to the Department of Homeland Security's proposed rule that would require a USCIS extension of stay application in order to extend an educational/research program. A letter was jointly filed with 8 PA institutions and Pitt then filed more detailed comments. In total, more than 31,000 comments were submitted during the established comments period, the vast majority of them in opposition to the regulation.

The Department of Homeland Security is now required to review all those comments. After review, DHS can choose to 1. not to implement the rule, 2. revise the provisions to respond to the comments, or 3. provide rationale for why they are proceeding with implementation. Should they choose to proceed, a Final Rule will be published in the Federal Register which will also establish the effective date, typically at least 30 days after the publication of the final rule. OIS will continue to monitor the situation and will provide additional details and advice as necessary.