US limits stays for foreign journalists and international students under new visa rule

Foreign journalists, international students and exchange visitors heading to the United States will face new limits on how long they can remain in the country under a new rule announced by the Department of Homeland Security (DHS).

The regulation changes admission rules for holders of F visas for international students, J visas for exchange visitors and I visas for foreign media representatives, replacing the current “duration of status” system with fixed periods of authorized stay.

Under the new policy, foreign journalists travelling to the United States on I visas will generally be limited to stays of up to 240 days. Most international students on F visas and exchange visitors on J visas will be allowed to remain in the country for up to four years.

Those who need additional time will be required to apply for an extension or other authorization to remain in the United States.

Previously, many international students could remain in the country for the length of their academic programmes, while foreign correspondents were generally permitted to stay as long as they maintained their accredited status.

DHS said the changes are aimed at strengthening oversight of temporary visa holders, improving compliance monitoring and reducing visa overstays.

“This final rule will provide additional protections and oversight of these nonimmigrant categories and will allow DHS to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States,” the department said.

The agency said the fixed admission periods will allow immigration officials to periodically review whether visa holders continue to meet the requirements of their classifications and provide updated information about their activities in the United States.

DHS argued that the previous duration-of-status system limited its ability to monitor compliance and created opportunities for individuals to remain in the country beyond the intended temporary period.

The department said the changes will also bring F, J and I visa categories more in line with other temporary visa classifications that require a specific end date for authorized stays.

“If immigration officers discover a nonimmigrant in one of these classifications has overstayed or otherwise violated his or her status, the alien will accrue unlawful presence,” DHS said, warning that violations could affect future eligibility for U.S. visas, admission or immigration benefits.

The department said the new requirements are intended to encourage foreign nationals to maintain lawful status and prevent abuse of student, exchange and media-related visa programmes.

“DHS believes this greater oversight will deter F, J, and I nonimmigrants from engaging in fraud and abuse and will strengthen the integrity of these nonimmigrant classifications while enhancing national security,” the agency said.

The rule is scheduled to be published in the Federal Register on July 17 and is expected to take effect 60 days after publication.

Because the regulation has been classified as a major rule, it will undergo congressional review before taking effect. DHS said the final effective date could be adjusted depending on the outcome of that review.