Proposal to End Duration of Status


DHS (Department of Homeland Security) published on Sep 24 a proposed rule to

  • Eliminate the “duration of status,” which allows people with F and J status to remain in the United States for the duration of their studies instead of a fixed period of time;
  • Introduce a “fixed time period” for these visas, requiring renewal or extension after a maximum of four years, regardless of the length of the relevant educational program; and
  • Limit student visas to two years for: (a) natives or citizens of countries on the State Sponsor of Terrorism List, regardless of their current country of residence; (b) citizens of countries with a visa overstay rate of over ten percent; and (c) those accepted to an unaccredited school or a school that does not use E-Verify.

This is a proposed rule and nothing has changed yet.  The public has until October 26 to comment on the proposal. DHS will then consider the comments and publish a final rule with an effective date.  Various professional organizations are working together to advocate on behalf of international students and scholars. There has been a request to extend the comments period that CalArts has signed. 

What this new proposed rule means to CalArtians:

  • Since CalArts is not an E-Verify school all I-20s issued will be up to 2 years.
  • Most students have to apply for extension of stay (EOS) at BFA22, MFA22, or DMA22. 
  • Most students have to apply for EOS when they apply for OPT.
  • While EOS is pending approval, no CPT/OPT is allowed.
  • Grace period after program completion will be 30 days instead of 60 days.
  • If continuing students stay in the U.S. the new rules don't apply, but if they enter the U.S. after the effective date of the new rules they will have a fixed time period instead of D/S. (e.g., summer travel)
  • EOS is adjudicated (approved/denied) at USCIS with proof of academic/medical reasons and financial documents.
  • EOS application fee is currently $370.  If required, the biometric fee is $85.
  • EOS may take 6 months to 12 months to process.
  • Example of a BFA12 continuing F1 student who enters the U.S. after the effective date:  must apply for EOS twice in BFA32 and BFA42 at OPT application.
  • There are some changes beneficial to F1 students but they don't outweigh the disadvantages.

Your Actions (optional):

  1. To help our office, please fill out our survey so we can quantify our students' opinions in comments the international office makes.
  2. Comment as an individual.  Click on the blue Comment button.
  3. Email your government representatives with a template email if you live in the U.S. : Speak Out Against the Proposal 

More information is available via the NAFSA website.