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DHS Proposed Rule to Replace Duration of Status to Fixed Periods of Stay

On DATE, the Department of Homeland Security (DHS) published a FINAL RULE in the Federal Register to replace "duration of status" (D/S) with a fixed time period for students and their dependents in F-1 non-immigrant status. This change creates fixed admission dates to align with program end dates indicated on the Form I-20.

This rule is in effective as of DATE. 

 

Summary of Changes:

Under the rule, F-1 non-immigrants are admitted only until their program end date as listed on the Form I-20, not to exceed four years, plus a 30-day grace period. Any extension would require filing with USCIS.

Students now need to file an Extension of Stay in order to remain in active status passed their "admit until date."

Students now only have 30 days from the admit until date listed on their I-94 to take action and maintain their status. Example actions include applying for an extension of stay, optional practical training, or transferring to a university or college for a higher-level degree.

Students studying ESL are now limited to 24 months of ESL academic training. This will include any time spent studying at another institution prior to attending OCC's ESL program.

Students are no longer allowed to change their educational objective repeatedly or immediately.

Students are required to study for one (1) full academic year at Oakland Community College before they are eligible to transfer to another College or University.

Students are no longer allowed to do a Change of Education Level to begin a new program of study at the same educational level (Associate's to Associate's). Students also cannot begin a lower level of study (Associate to Certificate). The only students eligible for a Change of Education Level are ESL students moving to an academic program of study. 

 

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