IMPORTANT. PLEASE READ!
DHS (Department of Homeland Security) published on Sep 24 a proposed rule to
- Eliminate the “duration of status,” which allows people with F and J status to remain in the United States for the duration of their studies instead of a fixed period of time;
- Introduce a “fixed time period” for these visas, requiring renewal or extension after a maximum of four years, regardless of the length of the relevant educational program; and
- Limit student visas to two years for: (a) natives or citizens of countries on the State Sponsor of Terrorism List, regardless of their current country of residence; (b) citizens of countries with a visa overstay rate of over ten percent; and (c) those accepted to an unaccredited school or a school that does not use E-Verify.
This is a proposed rule and nothing has changed yet. The public has until October 26 to comment on the proposal. DHS will then consider the comments and publish a final rule with an effective date. Various professional organizations are working together to advocate on behalf of international students and scholars. There has been a request to extend the comments period that CalArts has signed.
What this new proposed rule means to CalArtians:
- Since CalArts is not an E-Verify school all I-20s issued will be up to 2 years.
- Most students have to apply for extension of stay (EOS) at BFA22, MFA22, or DMA22.
- Most students have to apply for EOS when they apply for OPT.
- While EOS is pending approval, no CPT/OPT is allowed.
- Grace period after program completion will be 30 days instead of 60 days.
- If continuing students stay in the U.S. the new rules don't apply, but if they enter the U.S. after the effective date of the new rules they will have a fixed time period instead of D/S. (e.g., summer travel)
- EOS is adjudicated (approved/denied) at USCIS with proof of academic/medical reasons and financial documents.
- EOS application fee is currently $370. If required, the biometric fee is $85.
- EOS may take 6 months to 12 months to process.
- Example of a BFA12 continuing F1 student who enters the U.S. after the effective date: must apply for EOS twice in BFA32 and BFA42 at OPT application.
- There are some changes beneficial to F1 students but they don't outweigh the disadvantages.
Your Actions (optional):
- To help our office, please fill out our survey so we can quantify our students' opinions in comments the international office makes.
- Comment as an individual. Click on the blue Comment button.
- Email your government representatives with a template email if you live in the U.S. : Speak Out Against the Proposal
More information is available via the NAFSA website.