DHS Withdraws Its Duration Of Status Rule

Posted on Jul 15, 2021 by Chris Prescott

The Department of Homeland Security (DHS) will now withdraw its duration of status rule.  Students have for a long time had the benefit of being admitted for the duration of status.  In other words, unlike other nonimmigrants, they are not admitted for a specific length of time.  This flexibility has allowed them to extend their studies, switch colleges, apply for work authorization, etc., without having to extend their I-94.

However, under the Trump administration, the Department of Homeland Security (DHS) proposed a rule, which if implemented would have allowed CBP to admit students in F, J and I status, for a fixed period of time.  This would have had far-reaching consequences, in particular students would have automatically started to accrue unlawful presence if they stayed beyond the expiration of their I-94.

DHS received over 32,000 comments, the majority of which opposed the rule and therefore the rule was never implemented.  This rule is now being withdrawn, which means students will still continue to be admitted for the duration of status.

For any immigration-related questions please feel free to reach out to us at cprescott@patellegal.com.