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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 enforce immigration laws with regard to nonimmigrants in duration of status admission periods.

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 Student and Exchange Visitor Program (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 impacts of this rule. The changes would impose incremental costs on F, J, and I nonimmigrants, but would in turn protect the integrity of the F, J and I programs by having immigration officers evaluate and assess the appropriate length of stay for these nonimmigrants. In the NPRM, DHS estimated the proposed changes would have an annualized cost ranging from $229.9 million to $237.8 million (with 3 and 7 percent discount rates, respectively).

Risks: