Are International Students in the U.S. in Trouble with Proposed i-94 Policy?

AI Generated

U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), proposed a rule to establishing a fixed period of admission and an extension of stay procedure for nonimmigrant academic students, exchange visitors, and representatives of foreign information media. This can be found here.

Existing Policy - I-94 for Students and Dependents Receive I-94 with Duration of Status (D/S)

Historically, students in F, M, or J status and their dependents have been admitted to the United States with a Duration of Status (D/S) notation on their I-94 records. The D/S allows them to remain in the U.S. for as long as they maintain their valid status.

For F-1 students, this means they may stay in the country for several consecutive years without needing to depart, provided they continue to meet the requirements of their status, such as maintaining full-time enrolment, participating in authorized practical training (e.g., OPT), and, if eligible, pursuing STEM OPT extensions.

Unlawful Presence or Overstay - FMJ and Dependents with D/S i-94s

As of now, the unlawful presence FMJ and their dependents is not triggered unless unless DHS (Department of Homeland Security), an IJ (Immigration Judge), or the BIA (board of immigration appeals) makes a formal finding of a status violation.

📅Is this new proposal?

The Trump administration previously proposed introducing a "duration-specific I-94" for international students (F, J, and I visa holders), replacing the current "Duration of Status" (D/S)" i-94s. The notice of proposed rulemaking (NPRM) was published on 9/25/20 by the U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). Department of Homeland Security (DHS). This can be found here.

✅ What Happened Later?

The rule was formally withdrawn by the Biden administration in 2021, after receiving over 32,000 public comments opposing it.

This NPRM was later withdrawn by the ICE, DHS under Biden administration on 07/06/2021.

As of now, FMJ students continue to receive i-94 with "Duration of Status (D/S)".

🔎 What is Proposed?

The current proposal by ICE, DHS is intended to establish a specific or fixed period of admission. This can be found here.

1. A fixed end date (e.g., 2 or 4 years)

2. Students would need to apply for extensions if their studies exceeded that period

⚠️ Key Changes That Would Occur:

Current i-94 “Duration of Status (D/S)”	Proposed Change (Fixed I-94)
No fixed end date on I-94	I-94 would have a specific expiration date
Student stay is valid as long as SEVIS active	Must file extension if program continues
Less paperwork during course of study	More paperwork, costs, and USCIS processing
University DSO manages SEVIS compliance	Direct DHS/USCIS supervision
Unlawful Presence only from date of Formal Finding by DHS, an IJ, or the BIA	Unlawful Presence from the day after expiration of i-94.

📌 Summary:

The revival of this policy change, it would result in increased compliance and administrative overhead for students.

We will more clarity once the interim and/or final rule on the validity of i-94 that would issued to students admitted on FMJ status. We assume that this would cover the timeline required for completion of the coursework and post completion optional practical training.

We also need to wait to know of the unlawful presence would be triggered from the date of violation of status. it must be note that Trump during his previous term introduced this policy and the same was struck down.