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U.S. Immigration and Customs Enforcement (ICE) will propose to modify the period of authorized stay for certain categories of nonimmigrants traveling to the United States by eliminating the availability of "duration of status” and by providing a maximum period of authorized stay with options for extensions for each applicable visa category.

Statement of Need:

The failure to provide certain categories of nonimmigrants with specific dates for their authorized periods of stay can cause confusion over how long they may lawfully remain in the United States and has complicated the efforts to reduce overstay rates for nonimmigrant students. The clarity created by date-certain admissions will help reduce the overstay rate.

Summary of the Legal Basis:

The Secretary of Homeland Security (Secretary) has broad authority to administer and enforce the nation’s immigration laws. See generally 6 U.S.C. 202; Immigration and Nationality Act of 1952, as amended (INA), Sec. 103, 8 U.S.C. 1103. Section 101(a)(15)(F) of the INA establishes the F nonimmigrant classification for individuals who wish to come to the United States temporarily to enroll in a full course of study at an academic or language training school certified by ICE’s SEVP. 8 U.S.C. 1101(a)(15)(F)(i). INA Section 101(a)(15)(I) establishes the I nonimmigrant classification for bona fide representatives of foreign press, radio, film, or other information media seeking to enter the United States to engage in such vocation as well as the spouse and children of such nonimmigrant. 8 U.S.C. 1101(a)(15)(I). INA Section 101(a)(15)(J) establishes the J nonimmigrant classification for aliens who wish to engage in exchange visitor programs so designated by the Department of State as well as the spouse and minor children of such nonimmigrant. 8 U.S.C. 1101(a)(15)(J). Under section 214(a)(1) of the INA, 8 U.S.C. 1184(a)(1), the Secretary has broad authority to prescribe by regulation the time and conditions of admission of all nonimmigrants.

Alternatives:

Anticipated Costs and Benefits:

ICE is in the process of assessing the costs and benefits that would be incurred by regulated entities and individuals, as well as the costs and benefits to the public at large. ICE, SEVP certified schools, nonimmigrant students, and the employers of nonimmigrant students who participate in practical training would incur costs for increased requirements. This rule is intended to decrease the incidence of nonimmigrant student overstays and improve the integrity of the nonimmigrant student visa.

Risks: