In a bid to enhance oversight and address national security concerns, the US Department of Homeland Security (DHS) is proposing a major overhaul of regulations pertaining to nonimmigrant visas. The new rules, outlined in a notice of proposed rulemaking (NPRM) by US Immigration and Customs Enforcement (ICE), would shift from the current “duration of status” model to a system of fixed admission periods. The proposed changes target F (academic students), J (exchange visitors), and I (foreign information media) visa holders, requiring them to apply for an extension if they wish to remain in the US beyond their initial admission date. The impetus behind this move is the perceived lack of adequate opportunities for immigration officers to verify that visa holders are adhering to the terms of their visas. The DHS noted that the current system, particularly with the increasing number of admissions, presents challenges in monitoring compliance. The proposed changes include a four-year maximum for F and J visa stays, a shorter grace period for F-1 students after graduation, limitations on program changes for graduate-level F-1 students, and a 240-day cap for I visa holders, with specific exceptions. The DHS hopes this will give immigration officers the chance to monitor visa holders and ensure they adhere to the terms of their visas and US immigration laws.
