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DHS/USICE RIN: 1653-AA78 Publication ID: Fall 2020 
Title: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media  
Abstract:

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.

 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 214    8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1101    8 U.S.C. 1103    8 U.S.C. 1182 and 1184   
Legal Deadline:  None

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:

Timetable:
Action Date FR Cite
NPRM  09/25/2020  85 FR 60256   
NPRM Comment Period End  10/26/2020 
Final Rule  12/00/2020 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Agency Contact:
Sharon Hageman
Regulations Unit Chief
Department of Homeland Security
U.S. Immigration and Customs Enforcement
500 12th Street SW, Mail Stop 5006,
Washington, DC 20536
Phone:202 732-6960
Email: sharon.hageman@ice.dhs.gov