WASHINGTON: A major change in the US immigration system takes effect from Tuesday (today), requiring international students to keep closer track of how long they are authorised to remain in the country.
The Department of Homeland Security (DHS) is ending the longstanding ‘duration of status’ (D/S) system for F-1 students and replacing it with a fixed period of admission.
Under the new rule, F-1 students will generally be admitted for the length of the academic programme listed on their Form I-20, up to four years, with a 30-day period to arrive before the programme begins and a 30-day period to prepare for departure after the programme or authorised post-completion training ends.
Students who need additional time to complete their current programme, begin a new programme or undertake post-completion Optional Practical Training (OPT) or STEM OPT will have to take additional steps.
They may apply to US Citizenship and Immigration Services (USCIS) for an extension of stay, or leave the United States and seek a new period of admissionfrom Customs and Border Protection when they return.
The DHS has advised students to work with their school’s designated school official before applying for an extension.
Students seeking an extension must file Form I-539 with USCIS after receiving the appropriate recommendation on an updated Form I-20.
Students already in US The change does not mean that every F-1 student currently in the US has to file a new application today.
Students who are already in the US in F-1 status under the existing D/S system on Tuesday may remain without applying for an extension until the applicable programme or OPT/STEM OPT end date, subject to the transition rules.
For these students, the transition period generally runs no later than Nov 14, 2030. There is an important exception involving travel. Current F-1 students who leave the US after Sept 15 may be readmitted under the new fixedperiod system, rather than continuing under D/S.
Students who are considering international travel should therefore speak with their designatedschool official before leaving the country.
Academic plans The rule also imposes new restrictions on changes during an F-1 student’s academic career.
Among other changes, undergraduate students generally cannot change their educational level or major during the first year of a programme without an exception for extenuating circumstances.
Graduate-level students face additional restrictions on changing educational levels, majors and transferring schools.
The rule also reduces the departure period after completion of a programme or post-completion OPT/STEM OPT from the previous 60 days to 30 days for students, subject to the new system.
New immigration forms The Sept 15 change also affects USCIS paperwork. Students filing Form I-539, used to request an extension or change of non-immigrant status, or Form I-765, used to apply for employment authorisation, should use the new editions required by USCIS.
Students should check the edition date before filing because USCIS will not provide a grace period for use of the previous editions.For international students, the most important point is that Sept 15 is not a blanket deadline to leave the US or file a new application. It marks the beginning of a new system in which admission is tied to a specific period and students who need additional time may have to obtain an extension or a new period of admission.
Major US universities are advising international students to pay particular attention to travel plans and their Form I-94.
Harvard University, Yale University, Columbia University, Cornell University and Stanford University have issued guidance explaining the changes and urging students to consult their international offices before making immigration or travel decisions.
The DHS is also ending the D/S system for J-1 exchange visitors and certain I-visa holders, including representatives of foreign information media. They too will generally be admitted for a fixed period rather than indefinitely for the duration of their programme or assignment.
J-1 participants who need additional time will generally have to seek an extension of stay, while the rules for I representatives are tied to the length of their media assignment.