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*Something to know about the recent DHS rule proposing to change admission period of F, J and I nonimmigrant visas*
https://www.federalregister.gov/documents/2020/09/25/2020-20845/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant
A thread with some info and actions to take
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https://www.federalregister.gov/documents/2020/09/25/2020-20845/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant
A thread with some info and actions to take
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This is a proposed rule, it is NOT effective yet, it is given a period of 30 days to leave comments/propose changes/ protest. Everybody can leave comments, as an individual or as a part of a union: DO BOTH! 
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VISAs AFFECTED: F, J, and I
HOW? It changes how the I-94 is going to be implemented (I94= the document you that you are assigned when you enter the US and also says how long you can stay).
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HOW? It changes how the I-94 is going to be implemented (I94= the document you that you are assigned when you enter the US and also says how long you can stay).
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NOW, F & J visa holders are admitted for a “duration of status”: as far as your program/ work permit is extended, you can stay in the country without filing additional forms (e.g. if your DS2019 is going to expire, you can renew it from the US and your I-94 won’t be affected).
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This rule would change this duration of status: your I-94 would have a FIXED EXPIRATION DATE 
So, if your program lasts more than the hard exp date, and you want to stay longer, you have to apply for an extension of stay.
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So, if your program lasts more than the hard exp date, and you want to stay longer, you have to apply for an extension of stay.
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NEW PROPOSED LIMITS OF DURATION
:
Max admission period on your I-94 will be:
-4 YEARS if your program lasts 4 or > years.
I-94 would coincide with the end date of your program/contract, but CBP officers can give you an EARLIER exp date (eg. if your passport expires earlier).
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:Max admission period on your I-94 will be:
-4 YEARS if your program lasts 4 or > years.
I-94 would coincide with the end date of your program/contract, but CBP officers can give you an EARLIER exp date (eg. if your passport expires earlier).
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MAX 2 years for:
a) countries designated as risk of terrorism (North Korea, Sudan, Iran, Syria)
b) contries that US determined to have more than 10% overstay rate (now > 50 countries)
c) potential national security impact
d) institution not registered for e-verified system
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a) countries designated as risk of terrorism (North Korea, Sudan, Iran, Syria)
b) contries that US determined to have more than 10% overstay rate (now > 50 countries)
c) potential national security impact
d) institution not registered for e-verified system
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WHAT DOES IT MEAN?
You’d need to be extra vigilant about your I-94 expiration date because of serious consequences if you overstay.
If you overstay:
-by 1 day: your visa is voided
-by 6months: your entry is barred for 3 years
-by 1 year: your entry is barred for 10 years
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You’d need to be extra vigilant about your I-94 expiration date because of serious consequences if you overstay.
If you overstay:
-by 1 day: your visa is voided
-by 6months: your entry is barred for 3 years
-by 1 year: your entry is barred for 10 years
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CAN YOU APPLY FOR AN EXTENSION?
YES. And you can do it from inside the country.
If you leave the country and enter again, consider you will be given a new I-84.
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YES. And you can do it from inside the country.
If you leave the country and enter again, consider you will be given a new I-84.
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HOW TO APPLY FOR AN EXTENSION?
-File a form (now it is the I-539, but it can change), to be mailed to the USCIS.
With a FEE: now about 450$.
That means that every time you need to extend your stay, you need to pay (think about postdoc J1 contracts- usually 1 year..)
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-File a form (now it is the I-539, but it can change), to be mailed to the USCIS.
With a FEE: now about 450$.
That means that every time you need to extend your stay, you need to pay (think about postdoc J1 contracts- usually 1 year..)
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-Take biometrics (photos, fingerprints for background check)
-If you have any dependents on your visa (spouse or children), you have to file an extension for them as well.
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-If you have any dependents on your visa (spouse or children), you have to file an extension for them as well.
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HOW LONG DOES IT TAKE TO GET THE EXTENSION APPROVED?
6-10 months. So you would have to do it at least 6 months before your I-94 exp date.
While you wait for your extension to be approved, you get an automatic 240 days extension. If not approv, you have to leave the country.
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6-10 months. So you would have to do it at least 6 months before your I-94 exp date.
While you wait for your extension to be approved, you get an automatic 240 days extension. If not approv, you have to leave the country.
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WHAT ABOUT OPT?
You can apply for an extension of stay at the same moment when you file the other documents for OPT.
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You can apply for an extension of stay at the same moment when you file the other documents for OPT.
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ACTIONS TO OPPOSE THIS RULE:
1) Leave comments on the federal register:
https://www.federalregister.gov/documents/2020/09/25/2020-20845/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant
Template in the next tweet
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1) Leave comments on the federal register:
https://www.federalregister.gov/documents/2020/09/25/2020-20845/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant
Template in the next tweet
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Here there's a template you can use, but customize it to make your comment more effective:
https://actionnetwork.org/letters/submit-a-comment-to-dhs-in-support-of-international-students
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https://actionnetwork.org/letters/submit-a-comment-to-dhs-in-support-of-international-students
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2- VOTE, if you are allowed to vote, and want to help your international colleagues and friends!
3-GET INVOLVED with advocacy. Volunteer at the local International Scholars and Students' workgroup at your university. We need you and we are #StrongerTogether!
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3-GET INVOLVED with advocacy. Volunteer at the local International Scholars and Students' workgroup at your university. We need you and we are #StrongerTogether!
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SOURCES:
Special thanks to the Unions of Academic Researchers across the US that offered this info session.
Check out the very clear explanation by the immigration attorney Stacey Gartland:
https://www.facebook.com/UAWLocal4121
17/17
Special thanks to the Unions of Academic Researchers across the US that offered this info session.
Check out the very clear explanation by the immigration attorney Stacey Gartland:
https://www.facebook.com/UAWLocal4121
17/17
