The U.S. Department of Homeland Security (DHS) has announced a new regulation that will end the long-standing “duration of status” (D/S) policy for foreign journalists, international students, and exchange program participants.
Under the new rule, the United States will impose fixed periods of stay for foreign journalists, students, and exchange visitors. According to a DHS document scheduled for publication on July 17, the department stated:
“DHS believes that admitting nonimmigrants in F (academic students), J (exchange visitors), and I (representatives of foreign media organizations) status for ‘duration of status’ (D/S) is no longer appropriate. This final rule eliminates the D/S admission framework for F, J, and I nonimmigrants and returns to a fixed period of authorized stay with a specific end date.”
For holders of I visas (foreign media representatives), the D/S policy will be abolished and replaced with a fixed period of admission sufficient to complete their approved journalistic activities or assignments. Except for certain exemptions applicable to citizens of the People’s Republic of China, this period may not exceed 240 days. Individuals who meet the required conditions may apply for an extension of their authorized stay.
According to the document, foreign journalists will generally be limited to 240 days in the United States. To remain beyond that period, foreign media representatives will be required to submit a special extension request. The new rule will not apply to Chinese journalists, whose authorized stay is already limited to 90 days under existing regulations.
DHS also announced that international students and their dependent family members will be permitted to remain in the United States only for the time necessary to complete the academic program specified in their immigration documents, with a maximum stay of four years.
The department argued that the policy change would “help reduce the risks posed by foreign nationals who seek to misuse these programs to reside in the United States on a non-temporary basis.”
The regulation will be subject to review by the U.S. Congress. Unless Congress takes action to block or modify it, the rule is expected to take effect 60 days after publication.
For several decades, foreign journalists, international students, and exchange program participants have generally been allowed to remain in the United States for the duration of their authorized status, provided they continued to comply with the terms of their visas.
During his first term in office, President Donald Trump attempted to introduce similar time limits on visas for foreign journalists and international students. However, the policy was later rescinded by the Joe Biden administration and drew significant public criticism at the time.