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
Final ruleStated effective date Sep 15, 2026Changes requirements
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The Department of Homeland Security (DHS) is amending its regulations to change the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period, and additional changes to admission and extension requirements. This final rule will provide additional protections and oversight of these nonimmigrant categories and will allow DHS to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States. This final rule provides amendments to the proposed rule covering this topic that was published in the Federal Register on August 28, 2025.
Who the document names
Visa categories
J-1 exchange visitor, F-1 academic student
Where the document says this
J-1 exchange visitor: “Section 101(a)(15)(J) of the INA, 8 U.S.C. 1101(a)(15)(J), established the J nonimmigrant classification for aliens who wish to come to the United States temporarily and have no intention of abandoning their residence in a foreign country, to participate in exchange visitor programs designated by the DoS, as well as…”
F-1 academic student: “…--------------------------------------------------------------------------- See INA sec. 101(a)(15)(F) and (J); 8 U.S.C. 1101(a)(15)(F) and (J). DHS has identified over 2,100 aliens who first entered as F-1 students between 2000 and 2010 and remain in active F-1 status as of Apr. 6, 2025.”
A requirement the document states
“Department of State (DoS) practice; [cir] Updating the evidence an alien must submit to demonstrate eligibility for the I nonimmigrant classification; [cir] Clarifying that J-1 nonimmigrants who are employment authorized with a specific employer incident to status continue to be authorized for such employment for up to 240 days under the existing regulatory provision at 8 CFR 274a.12(b)(20) if…”
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From the countries and visa categories the document names.
Unlike most nonimmigrant classifications, which are admitted for a fixed time period, aliens in the F (academic student), J (exchange visitor), and most I (representatives of foreign information media) classifications, with limited exceptions, are currently admitted into the United States for the period of time that they are complying with the terms and conditions of their nonimmigrant classification ("duration of status"). The U.S. Department of Homeland Security (DHS) proposes to amend its regulations by changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period.
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