On July 17, the U.S. Department of Homeland Security (DHS) issued new regulations that will replace the current “Duration of Status” system, affecting how long international students can remain in the U.S.. These changes are set to take effect Sept. 15. According to Case Western Reserve University’s VISA Office, “how this rule impacts each person will be unique—but know you are not alone in navigating these policy changes.”
One of the most significant changes international students will face is the elimination of the “Duration of Status” system. Currently, only F-1 and J-1 students are allowed to remain in the U.S. until their program ends with a fixed period of admission. F-1 students are international students pursuing academic degrees in the U.S., while J-1 students are participants in exchange programs. Beginning Sept. 15, students will be admitted until their program end date or four years from their entry date into the U.S., whichever occurs first. The new rule also shortens the post-graduation grace period for students from 60 days to 30 days.
International students who were admitted to their university under “Duration of Status” and are already in the U.S. before Sept. 15 will have a transition period before the amended regulations are implemented. However, if these students leave the U.S. after the rule goes into effect and later return, the new system will apply upon reentry.
The updated policy will also impact how international students extend their stay in the U.S.. Students whose programs take longer than the four years provided will need to apply for an extension through the U.S. Citizenship and Immigration Services (USCIS). According to CWRU’s VISA Office, justifications for extensions include documented illness, compelling academic reasons or circumstances beyond a student’s control. However, the USCIS has the ability to deny an extension, even if CWRU determines that the request is justified. Students can only apply for an extension 180 days before their authorized admission expires. The DHS said these provisions will place greater responsibility on students seeking to extend their stay: “the burden will now be on them to request authorization directly from DHS and establish eligibility.”
The DHS is also placing additional restrictions on international students who want to change their academic programs or transfer schools. After the system changes go into effect, undergraduate students cannot change programs or transfer schools during their first year, while graduate students cannot change their program or school at any point. Additionally, students who complete their degree after Sept. 15 cannot pursue another degree at the same or a lower educational level.
According to CWRU, these regulations will not affect the admission decisions of international students planning to attend the university this upcoming fall. The university aims to continue to support international students throughout these changes.
As the revised system takes effect, CWRU’s VISA Office encourages international students to contact the office with questions and stay informed about how the changes may affect them. In a statement on July 24, CWRU President Eric Kaler wrote, “international students and scholars are an essential part of Case Western Reserve University, and we remain committed to supporting them as we work to understand the implications of this new federal rule.”