September 29, 2020

Department of Homeland Security Announces Proposed Rule Requiring Fixed Period of Stay for F and J Visa Holders

The United States Department of Homeland Security (“DHS”) has announced a proposed rule that would require a fixed period of stay for international students on F student visas and exchange visitors on J visas. Under the proposed rule, the DHS framework that currently allows foreign nationals on F and J visas to remain in the United States as long as they comply with the terms of admission would be removed and would be subjected to an end date not to exceed four years. Foreign nationals from countries associated with high visa overstay rates (greater than 10 percent for student and exchange visa holders) would be limited to a two-year fixed period of stay.

The proposed measure is being made to deter immigration violations and incentivize timely departures. According to DHS Deputy Secretary Ken Cuccinelli, “this effort would create a fixed period of admission for certain aliens, consistent with most other temporary visa classifications, while still allowing these aliens an opportunity to legally extend their stay or re-apply for admission where appropriate. Amending the relevant regulations is critical in improving oversight mechanisms; preventing foreign adversaries from exploiting the country’s educational environment; and properly enforcing and strengthening U.S. immigration laws.”

The DHS notes that while lawfully present F and J visa holders who were admitted for the duration of their studies or stay will automatically have their stay extended up to the program date, not to exceed four years ,once the final rule is effective, DHS may look to additional factors to trigger a two year period of authorized admission such as: the foreign national’s birth or citizenship from a country on the State Department list of State Sponsored Terrorism; whether a school or program sponsor is an E-Verify participant in good standing; and for F student visa holders, whether a school is accredited by an accrediting agency recognized by the United States Department of Education.

For more information on DHS’s proposed policy, contact us today at info@enterlinepartners.com and arrange to speak with a U.S. immigration lawyer in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Non-immigrant Visa, U.S. Government

Tags: DS-160 Nonimmigrant Visa Application, J-1 visa, U.S. Department of Homeland Security (DHS)

When Do Sponsor Obligations End Under Form I-864?

United States Announces New Visa Policies Targeting Chinese Nationals

U.S. Consulate in Hong Kong Announces New Policy for Immigrant Visa Applicants

our services

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

The United States Supreme Court has given President Donald Trump’s Executive Order (“EO”) curbing birthright citizenship a partial victory. The ruling does not impact “Birthright Citizenship” but rather restricts district court judges from issuing nation-wide (or “universal”) injunctions against Executive Orders. In a 6-3 decision, the Supreme Court held that lower federal court judges who issued nationwide injunctions against the EO went too far and granted the Trump Administration’s request to narrow the injunctions issued in Maryland, Washington and Massachusetts. While the Supreme Court’s ruling was a dramatic shift in how lower federal court judges have operated for years, the decision left enough room for challengers to the EO to prevent it from taking effect while litigation works its way through the federal court system. Specifically, the EO, which also suffered a setback by the Federal Court of Appeals will remain blocked for an additional thirty (30) days) allowing the

When Do Sponsor Obligations End Under Form I-864?

For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain U.S. government benefits after becoming a permanent resident. By signing Form I-864, the sponsor takes on long-term financial responsibility, but this obligation is not indefinite. The U.S. government outlines specific situations under which the sponsor’s duties come to an end. When Will These Obligations End? A sponsors obligations under a Form I-864 end when the sponsored immigrant: A sponsor’s obligations under a Form I-864 also end if the sponsor dies. As such, the sponsor’s estate is not required to take responsibility for the sponsored immigrant following the sponsor’s death. Divorce does not terminate the responsibility, and if the sponsor dies,

Department of Homeland Security Announces Proposed Rule Requiring Fixed Period of Stay for F and J Visa Holders

CATEGORY

Over 18,000 successful customers with Enterline &Partners, realizing the dream of immigration

Latest News

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration