U.S. Immigration and Customs Enforcement (ICE) has issued a notice of proposed rulemaking that could significantly change the landscape for F-1 students and J-1 exchange visitors. The proposal, titled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,” would replace the current “duration of status” (D/S) with a fixed admission period.
Key Changes to “Duration of Status”
Currently, F-1 and J-1 visa holders are admitted to the U.S. for an unspecified period if they are pursuing their full course of study or participating in an authorized program. The proposed rule would change this by setting a fixed period of admission up to the length of the program, with a maximum of four years.
This new framework would require F and J non-immigrants to file a formal extension of stay application with U.S. Citizenship and Immigration Services (USCIS) to remain in the country beyond their initial fixed period of admission. The proposal also shortens the grace period for F-1 students after program completion from 60 days to 30 days. Additionally, it would introduce new limitations on F-1 students’ ability to transfer or change programs and may require the collection of biometric information.
Potential Impact on Student Employment
These proposed changes could have a direct impact on employers who hire F-1 and J-1 visa holders, particularly as it relates to student employment authorization. While the rule is still in the proposal stage, employers should be aware of the potential effects.
- Changes to Grace Periods. The shortened grace period for F-1 students could affect post-completion employment, such as Optional Practical Training (OPT). Students may have less time to secure a new status or an extension, potentially impacting their ability to continue working after their program ends.
- Extension of Stay. Under the new rule, students needing to extend their stay to complete their program would be required to file a formal application with USCIS. This process could cause delays and create uncertainty for both students and employers, particularly those relying on a student’s continued employment.
- Increased Oversight. The proposal is designed to increase the Department of Homeland Security’s (DHS) ability to monitor and oversee these nonimmigrants. This heightened oversight could lead to more frequent checks and documentation requirements for employers who sponsor F-1 and J-1 visa holders.
Next Steps for Employers
While this is a proposed rule and not yet law, employers who work with international students should consider the following:
- Monitor for Updates: Stay informed about the final ruling from the Department of Homeland Security (DHS) and any subsequent guidance from ICE.
- Communicate with Employees: Engage in clear and consistent communication with F-1 and J-1 student employees to ensure they are aware of their responsibilities to maintain their visa status.
- Review Onboarding and I-9 Procedures: Assess your current processes for verifying work authorization for international students. If the rule is finalized, you may need to update your procedures to account for the new fixed admission periods and extension requirements.
HR Works will continue to monitor this topic and provide more information as it becomes available.
