Changes on the horizon for F and J visa holders

More changes are forthcoming that can affect the immigration status of foreign students and exchange visitors in the US.

Recently, the US Department of Homeland Security published a set of proposed amendments impacting the status duration of individuals holding student (F) and exchange visitor (J) visas in the country.

Currently, students on an F visa are allowed to stay in the US for the duration of their academic studies, including the corresponding period of optional practical training, plus a 30-day grace period. Thus, instead of a fixed expiration date, a foreign student’s passport or border admission card is stamped with “D/S” (‘duration of status’) upon entry.

Consequently, an F-1 student can remain in the US indefinitely as long as he/she continues to pursue an academic course of study, without the need to apply for extensions with the US Citizenship and Immigration Services, provided however that the school confirms the student’s continued attendance via the School and Exchange Visitor Information System (SEVIS) database maintained by the Immigration and Customs Enforcement (ICE).

The same rule applies to J-1 visa holders who enter the US to study (J-1 students). However, because the J-1 visa category encompasses several types of foreign exchange visitors with varying admission objectives, the rules for each one differ.

For instance, research scholars/professors on a J-1 visa are allowed to stay for a maximum of five years, while short-term J-1 scholars are limited to six months. J-1 interns and trainees can stay up to 12 months and 18 months, respectively.

J-1 teachers are allowed a three-year maximum, which can be extended by one or two years, while J-1 physicians can stay up to seven years, unless the program’s validity is shorter. J-1 au pairs (nannies) are allowed to stay up to one year, which can be extended for an additional six, nine, or 12 months.

Under the proposed amendments, all F and J nonimmigrants shall be restricted to a fixed maximum period of stay upon entry, which cannot exceed four years in all cases. In other words, no more “D/S.”

Thus, an F-1 student who plans to enroll in a five-year course of study, or who intends to pursue an advanced degree after finishing a bachelor’s degree, will only be allowed to stay for a maximum period of four years upon initial admission, regardless of the length of the academic program.

Any future extension will need to be applied for and approved by the USCIS, which is required to scrutinize the student’s application, including conducting extensive social media vetting if warranted, to determine if the requested extension has merit.

The same rule shall apply to J-1 physicians, research scholars, and teachers who must convince the USCIS of the merit of an extended stay beyond four years.

Unfortunately, in addition to the stress of not knowing if the USCIS will grant the requested extension, F-1 students and J-1 exchange visitors will also have to pay thousands of dollars in processing fees each time an extension request is filed, not to mention the accompanying bureaucratic delays.

It remains to be seen if and how the said amendments, once implemented, will impact the future of F and J visa migration to the US.