NAICU Washington Update

Homeland Security Withdraws “Duration of Status” Proposal

July 01, 2021

The Department of Homeland Security (DHS) formally withdrew a “Duration of Status” rule change proposed during the Trump Administration.  This rule change would have placed burdensome limits on international student visas and interfered with long-standing “Duration of Study” provisions under current law.
 
In its formal June 2021 notice, DHS confirmed that it, “Intends to withdraw this proposed rule.” The proposed rule would have prevented many international students from staying in the U.S. for longer than four years unless they were granted a visa extension or successfully reapplied for a new visa. It also proposed even more severe limits of two years for students from countries for which visa overstay rates exceeded 10%.
 
The end result, with the proposal now withdrawn by DHS, is that the current duration of study practices for international students studying in the U.S. will remain in place.
 

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