The proposed rule would establish a maximum period of stay for F and J visa holders, with the possibility for extension to complete program program objectives. There would also be other changes to student eligibility and procedure for program extensions, OPT filing, ESL study length, and limitations on pursuing multiple programs at the same or lower education levels.  We have highlighted some changes in the proposed rule that would have greatest impact on F and J visa holders.

F and J visa holders would be admitted and allowed to stay for a specific period of time, instead of for Duration of Status (D/S), which allows you to stay for the duration of your program and any extensions related to your visa status. Under the proposed rule, that period of stay would be until the program end date listed on your Form I-20 or DS-2019 when you arrive, up to a maximum of four years, or in some cases, two years. Here are some scenarios of how this rule would impact your authorized period of stay:

If you have a Form I-20 or DS-2019 with program dates of 8/30/2021 to 5/31/2023, and you arrive in the U.S. on 8/1/2021 (earliest possible arrival date) your allowed period of stay would be until 5/31/2023, approximately 22 months, or two academic years.

If you have an I-20 or DS-2019 with program dates of 8/30/2021 to 5/31/2025, and you arrive in the U.S. on 8/1/2021, your allowed period of stay would be until 5/31/2025 (if you qualify for maximum 4 year stay) or until 7/31/2023 (if you qualify for maximum 2 year stay). If admitted for a maximum 2 year stay, your program length is longer than your period of authorized stay, so you would need to either apply for an extension of stay with the U.S. government, or depart the U.S. and return with your same I-20 to be admitted for a new period of stay. 

If you have an I-20 or DS-2019 with program dates of 8/30/2021 - 5/31/2028, and you arrive in the U.S. on 8/1/2021, your allowed period of stay would be either until 7/31/2025 (if admitted for 4 years) or 7/31/2023 (if admitted for two years). Your program length is longer than your period of authorized stay, so you would need to either apply for an extension of stay with the U.S. government, or depart the U.S. and return with your same I-20 to be admitted for a new period of stay.

If you have a one year research appointment at UConn, and your DS-2019 form lists program dates of 8/30/2021-7/31/2022, then you would be admitted until 7/31/2022, or a period of one year. If your appointment at UConn is extended beyond 7/31/2022, you would need to either apply for an extension of stay with the U.S. government, or depart the U.S. and return with your new DS-2019 to be admitted for a new period of stay.

Under the proposed rule, some students and scholars would only be eligible for a maximum two-year period of stay at a time, instead of four years. These include students and scholars who: 

• • Were born in or are citizens of countries designated by the U.S. as state sponsors of terrorism (currently, North Korea, Iran, Sudan, Syria).
  • Come from countries that have a student and exchange visitor visa overstay rate of more than 10%. A current list of countries can be found on the most recent  DHS Visa Overstay Report (Table 4, Column 6). 
  • Are determined that it be in the U.S. national interest to admit for a maximum two year period of stay. For example, students who study in certain academic majors could be subject on this basis to a two year maximum period of stay. 
  • Attend schools that do not use the E-Verify system to process newly hired employees
  • Attend schools that are not accredited.
  • The government would issue a Federal Register Notification to identify countries that are subject to the two year maximum period of stay based on state sponsor of terrorism or visa over stay status, and any criteria where it may be in the nation’s interest to limit stay to maximum two years at a time. 

• ESL students would be limited to a maximum period of study of 24 months, including any vacation periods.
• The grace period to depart the U.S. after the period of authorized stay would be 30 days, instead of the current 60 days.
• There would be limits on the number of times a student can pursue a degree at the same education level, or to move to a lower educational level. 
• If students and scholars need to stay beyond the period of time listed on the Form I-20 or Form DS-2019 to complete their program, they must request an extension of the Form I-20 or DS-2019, as they do now. But if this extension also brings you beyond your period of approved stay, you must either leave the U.S. and reenter with your new I-20/DS-2019, or apply for an extension of stay with the U.S. government. Here are some examples: 

If a student has an I-20 valid until May 31, 2022 and cannot finish their academic program by that day, they need to apply for an extension of the I-20 or DS-2019, to reflect the new program end date. ISSS approves an extension until December 31, 2022 and issues a new I-20. Presuming their period of approved stay also ends May 31, 2022, they need to use the new I-20 to leave and reenter the U.S., to be admitted until December 31, 2022, or they can use the I-20 to apply for an extension of stay without leaving the country, by filing Form I-539. 

If a student has an I-20 valid until May 31, 2022 and wants to apply for OPT, they will need to obtain an OPT recommendation I-20 from ISSS. For this example, the student requests an OPT period of July 1, 2022 to June 30, 2023. Presuming the current approved period of stay ends on  May 31, 2022 (matching the I-20 end date), the student would then need to apply to USCIS for the OPT with Form I-765, and the Extension of Stay benefit with Form I-539. The student would not be able to begin their OPT until both the EAD is issued and the start date is reached, and the extension of stay is approved. 

If a student has an I-20 or DS-2019 to study in their current program valid until May 31, 2022, and their current authorized stay also ends May 31, 2022. They want to begin a new program at another school in the United States after finishing this program, and so they work with ISSS to  complete the SEVIS transfer procedure, in order to get a new I-20 from their new school. However, they would also need to take steps to extend their approved stay. To do this, they can either depart the U.S. and reenter with their new school’s I-20, or remain in the U.S. and file for an extension of stay with USCIS. The new period of stay will end on the new school's I-20 end date, not to exceed a maximum of 4 (or 2) years. 

A visiting scholar typically comes to UConn for a period of one year or less. The period of stay listed on the DS-2019 form matches the offer letter or contract that UConn provides to the scholar. It is common for UConn to extend the contracts for visiting scholars to continue their research or teaching. In this situation, the scholar would need to extend the DS-2019 with ISSS before the Form DS-2019 program end date, and then take steps to also extend their authorized stay with the government. This is done either by departing the U.S. and returning with the new DS-2019, or by filing an extension of stay application with the U.S. government. If the contract at UConn is extended annually, visiting scholars will need to take these same steps annually to extend their stay. 

The University of Connecticut does not support this proposed rule, and has submitted a comment to the Department of Homeland Security, urging that the proposed rule not go into effect. You can read President Thomas Katsouleas’ comment here.  

Connecticut senators Chris Murphy and Richard Blumenthal have signed on to a letter opposing the rule submitted by U.S.senators. Read their letter here.  

The Connecticut’s  Attorney General signed on to a letter opposing the rule submitted by the State Attorney’s General coalition. Read that letter here.