DHS to withdraw “duration of status” rule
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The Department of Homeland Security (DHS) will officially withdraw its “duration of status” rule that would have set maximum periods of stay for foreign students, exchange visitors, and media staff.
Key Points: Duration of Status” Rule
- DHS published the proposed rule on 25th Sept 2020, during the Trump government. The rule would have modified the period of authorized stay by forcing a fixed time of admission and eliminating the availability or duration of status (“D/S”) for F, J, and I nonimmigrants. Also, it would have set up new requirements for people in these visa categories to maintain and extend their status.
- DHS said it got more than 32,000 comments during the 30-day public comment period. With more than 99 percent of the commenters opposed to the proposal. The agency never issued a final version of the regulation.
- DHS’s withdrawal of the rule is planned to be published on Tuesday, 6th July 2021. A prepublication version is available here.
- The notification states that DHS will review and analyze the proposal in the context of President Biden’s Executive Order on legal immigration. “To figure out what changes might be appropriate and consistent with DHS’s needs, policies, and applicable law.”
[State Department Expands Validity of National Interest Exceptions to Regional COVID Travel Bans]
BAL Analysis:
The duration of the status rule never took effect, and the move to withdraw. Moreover, it confirms that current rules on the duration of status for F, J, and I nonimmigrants will remain in place.
