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Proposed Rule to Establish Fixed Period of Stay for F-1 Students and J-1 Exchange Visitors

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NOTE: The information presented on this page is not in effect. We do not know if these changes will ever go into effect.

Rule History

The proposed rule to establish a fixed period of stay for F-visa students, J-visa exchange visitors and I-visa journalists was published September 25. The rule seeks to change regulations related to the admission and authorized period of stay for these visa holders and their accompanying dependents. The government accepted public comment on the proposed rule for 30 days after the publication date.  The comment window ended October 26. The Department of Homeland Security is required to read all comments, and may publish a final rule in the future that could be different from the content published in the proposed rule. 

Rule Summary

The proposed rule would establish a maximum period of stay for F and J visa holders, with the possibility for extension to complete program program objectives. There would also be other changes to student eligibility and procedure for program extensions, OPT filing, ESL study length, and limitations on pursuing multiple programs at the same or lower education levels.  We have highlighted some changes in the proposed rule that would have greatest impact on F and J visa holders.

F and J visa holders would be admitted and allowed to stay for a specific period of time, instead of for Duration of Status (D/S), which allows you to stay for the duration of your program and any extensions related to your visa status. Under the proposed rule, that period of stay would be until the program end date listed on your Form I-20 or DS-2019 when you arrive, up to a maximum of four years, or in some cases, two years. Here are some scenarios of how this rule would impact your authorized period of stay:

Example 1: Master’s Student

If you have a Form I-20 or DS-2019 with program dates of 8/30/2021 to 5/31/2023, and you arrive in the U.S. on 8/1/2021 (earliest possible arrival date) your allowed period of stay would be until 5/31/2023, approximately 22 months, or two academic years.

Example 2: Bachelor’s Student

If you have an I-20 or DS-2019 with program dates of 8/30/2021 to 5/31/2025, and you arrive in the U.S. on 8/1/2021, your allowed period of stay would be until 5/31/2025 (if you qualify for maximum 4 year stay) or until 7/31/2023 (if you qualify for maximum 2 year stay). If admitted for a maximum 2 year stay, your program length is longer than your period of authorized stay, so you would need to either apply for an extension of stay with the U.S. government, or depart the U.S. and return with your same I-20 to be admitted for a new period of stay. 

Example 3: PhD Student

If you have an I-20 or DS-2019 with program dates of 8/30/2021 - 5/31/2028, and you arrive in the U.S. on 8/1/2021, your allowed period of stay would be either until 7/31/2025 (if admitted for 4 years) or 7/31/2023 (if admitted for two years). Your program length is longer than your period of authorized stay, so you would need to either apply for an extension of stay with the U.S. government, or depart the U.S. and return with your same I-20 to be admitted for a new period of stay.

Example 4: Visiting Scholar

If you have a one year research appointment at UConn, and your DS-2019 form lists program dates of 8/30/2021-7/31/2022, then you would be admitted until 7/31/2022, or a period of one year. If your appointment at UConn is extended beyond 7/31/2022, you would need to either apply for an extension of stay with the U.S. government, or depart the U.S. and return with your new DS-2019 to be admitted for a new period of stay.

 

Maximum Period of Stay

Under the proposed rule, some students and scholars would only be eligible for a maximum two-year period of stay at a time, instead of four years. These include students and scholars who: 

    • Were born in or are citizens of countries designated by the U.S. as state sponsors of terrorism (currently, North Korea, Iran, Sudan, Syria).
    • Come from countries that have a student and exchange visitor visa overstay rate of more than 10%. A current list of countries can be found on the most recent  DHS Visa Overstay Report (Table 4, Column 6). 
    • Are determined that it be in the U.S. national interest to admit for a maximum two year period of stay. For example, students who study in certain academic majors could be subject on this basis to a two year maximum period of stay. 
    • Attend schools that do not use the E-Verify system to process newly hired employees
    • Attend schools that are not accredited.
    • The government would issue a Federal Register Notification to identify countries that are subject to the two year maximum period of stay based on state sponsor of terrorism or visa over stay status, and any criteria where it may be in the nation’s interest to limit stay to maximum two years at a time. 

Other Rule Details

  • ESL students would be limited to a maximum period of study of 24 months, including any vacation periods.
  • The grace period to depart the U.S. after the period of authorized stay would be 30 days, instead of the current 60 days.
  • There would be limits on the number of times a student can pursue a degree at the same education level, or to move to a lower educational level. 
  • If students and scholars need to stay beyond the period of time listed on the Form I-20 or Form DS-2019 to complete their program, they must request an extension of the Form I-20 or DS-2019, as they do now. But if this extension also brings you beyond your period of approved stay, you must either leave the U.S. and reenter with your new I-20/DS-2019, or apply for an extension of stay with the U.S. government. Here are some examples: 

Example 1: Extension of Academic Program

If a student has an I-20 valid until May 31, 2022 and cannot finish their academic program by that day, they need to apply for an extension of the I-20 or DS-2019, to reflect the new program end date. ISSS approves an extension until December 31, 2022 and issues a new I-20. Presuming their period of approved stay also ends May 31, 2022, they need to use the new I-20 to leave and reenter the U.S., to be admitted until December 31, 2022, or they can use the I-20 to apply for an extension of stay without leaving the country, by filing Form I-539. 

Example 2: Extension of stay for OPT

If a student has an I-20 valid until May 31, 2022 and wants to apply for OPT, they will need to obtain an OPT recommendation I-20 from ISSS. For this example, the student requests an OPT period of July 1, 2022 to June 30, 2023. Presuming the current approved period of stay ends on  May 31, 2022 (matching the I-20 end date), the student would then need to apply to USCIS for the OPT with Form I-765, and the Extension of Stay benefit with Form I-539. The student would not be able to begin their OPT until both the EAD is issued and the start date is reached, and the extension of stay is approved. 

Example 3: Extension of Stay to begin a new program in the U.S.

If a student has an I-20 or DS-2019 to study in their current program valid until May 31, 2022, and their current authorized stay also ends May 31, 2022. They want to begin a new program at another school in the United States after finishing this program, and so they work with ISSS to  complete the SEVIS transfer procedure, in order to get a new I-20 from their new school. However, they would also need to take steps to extend their approved stay. To do this, they can either depart the U.S. and reenter with their new school’s I-20, or remain in the U.S. and file for an extension of stay with USCIS. The new period of stay will end on the new school's I-20 end date, not to exceed a maximum of 4 (or 2) years. 

Example 4: A Visiting Scholar Extends Program

A visiting scholar typically comes to UConn for a period of one year or less. The period of stay listed on the DS-2019 form matches the offer letter or contract that UConn provides to the scholar. It is common for UConn to extend the contracts for visiting scholars to continue their research or teaching. In this situation, the scholar would need to extend the DS-2019 with ISSS before the Form DS-2019 program end date, and then take steps to also extend their authorized stay with the government. This is done either by departing the U.S. and returning with the new DS-2019, or by filing an extension of stay application with the U.S. government. If the contract at UConn is extended annually, visiting scholars will need to take these same steps annually to extend their stay. 

 

 

UConn and State of Connecticut Response

The Connecticut’s  Attorney General signed on to a letter opposing the rule submitted by the State Attorney’s General coalition. Read that letter here. 

Further Resources

NAFSA, Association of International Educators maintains an up to date web page summarizing important details of the rule, and the latest case developments. Visit that page here. 

 

Reduced Course Load Options for International Students (dropping a course)

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Dear students,

November 2 is the University’s deadline to withdraw from a course. We want to remind you that if you are considering dropping a course that would leave you with only part-time enrollment, you must get permission from ISSS before you drop your course.

International students may be eligible in certain circumstances to take a Reduced Course Load and be approved for part time study. These circumstances are:

 

1) Reduced course load for academic difficulties, based on:

  1. Initial difficulty with English language (first year of program only)
  2. Initial difficulty with reading requirements (first year of program only)
  3. Unfamiliarity with U.S. teaching methods (first year pf program only)
  4. Improper course level placement

 

An F-1 student can only be approved to take a Reduced Course Load for academic difficulty one time, per degree level, and you must maintain at least half-time enrollment. Please reach out to your ISSS Advisor if you would like to take a Reduced Course Load for Academic Difficulty and explain why your situation meets one of the above criteria for a reduced course load.

 

You must receive an updated I-20 with approved Reduced Course Load from ISSS before you drop your courses. 

 

2) Reduced course load for medical reasons

  1. A student may request to take a reduced course load for medical reasons, covering both physical and mental health, if you have a letter documenting the condition from a Medical Doctor, Doctor of Osteopathy, or Licensed Clinical Psychologist. If your medical provider does not have this designation, please ask the provider to have someone in the practice co-sign your letter.
  2. A medical reduced course load can be taken for up to 12 months cumulatively, per degree level. You may drop below half-time enrollment for a medical reduced course load.

You must receive an updated I-20 with approved Reduced Course Load from ISSS before you drop your courses. 

 

More information and resources:

 

If you are outside the United States:

Students who are outside the United States may have more flexibility to reduce their course enrollment.

 

  • Students who began their program in Fall 2020 from their home country and do not yet entered the U.S. on your student visa for UConn are not required to study full-time. You may work with your academic advisor to drop courses as needed, without notifying ISSS.
  • Students who were enrolled at UConn before Fall 2020, and returned home due to the pandemic, may choose to either apply for a Reduced Course Load based on the reasons above, or we can terminate your I-20 until you are ready to return to the United States. Then you will not be subject to F-1 visa rules for full time study. If you will give up your active I-20, you must notify your ISSS advisor before studying part-time. You will need to request a new Form I-20 to return to UConn for in-person classes. If you have a scholarship or other financial aid, you may still be required to keep full time courses.

Thank you and we wish you all the best for the rest of the semester!

International Travel Procedures for F and J visa holders

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Dear students and scholars,

We would like to remind you about international travel procedures if you are traveling outside the U.S. during the upcoming winter break.

Required Documents

All travelers on an F and J visas need to report their travel information to ISSS through the Travel Information Record. You can access the Travel Information Record and other travel information on this webpage.

 

To return from your trip abroad, you will need to present:

 

  • An I-20 form or DS-2019 form, with travel signature signed within 12 months of your return date to the U.S.
  • A passport valid at least 6 months into the future from your date of arrival. If your passport has expired while you are here, you may require a new passport or an emergency travel document to enter your home country. Contact your country’s embassy or consulate in the U.S. for more information on this process.
  • An unexpired F or J visa (exception: Canadian citizens do not need a U.S. visa stamp)

 

It is also wise to carry academic or financial documentation with you to demonstrate you are a bona fide student or exchange visitor. Do not present these extra documents to immigration unless asked, and keep them in your carry-on bag (not checked luggage) in case you are asked to show further documentation.

 

Remember to submit your new I-94 copy, as well as any new passport or visa copies you receive, through the Immigration Document Update form when you return.

 

How to Request a Travel Signature

  • Submit the online Travel Information Record to ISSS.
  • If you are on an F-1 or F-2 visa, ISSS will issue your form I-20 electronically, with electronic travel signature from a designated school official, and you can download it from the ISSS Portal when complete. Then you can print a paper copy for yourself, and sign page 1.
  • If you are on a J-1 or J-2 visa, we will issue for you a new PAPER DS-2019 form, with wet travel signature from a responsible officer. You can either pick this up from the ISSS office in Storrs when complete, or we can mail it to you. Sign the form after you receive it.

 

Current Entry and Travel Restrictions

  • You can always review the latest entry and travel restrictions on the ISSS COVID-19 FAQ.
  • Entry of F and J visa holders is still restricted for most travelers who are coming to the U.S., and were present in China, Iran or Brazil within the 14-days prior to arrival.
  • J-1/J-2 visiting scholars (Research Scholar, Short Term Scholar, Professor, Specialist programs) who are returning from Schengen Area countries of Europe, the United Kingdom and Ireland, and who have a visa that was issued without a National Interest Exception, must obtain a separate National Interest Exception from the U.S. embassy before traveling to the U.S.
  • The Canadian/U.S. border remains closed through November 21 except for essential travel (subject to extension). While travel to resume educational activity has been considered essential, your travel may be subject to the border officer’s interpretation of essential.
  • These entry restrictions and procedures are subject to change as conditions change worldwide; ISSS will keep you updated with future changes.
  • If your visa has expired or will expire prior to returning, you must renew it prior to returning. U.S. visa services vary around the world. Some are offering routine visa appointments, and others do not.
  • Due to the pandemic, please remember that all situations related to travel restrictions, flights, visas, etc. can change, both in your destination country, and the U.S.
  • Contact your ISSS advisor with further visa questions related to travel.

 

Study Requirements for Spring Semester 2021

We want to remind you that the government still has not announced study rules for international students in the upcoming Spring semester. We will update you as soon as we know whether the government will continue to allow international students on F-1 and J-1 visas to engage in online study and maintain an active SEVIS record. We will update you as soon as we know their plans.

 

Students can download this travel letter if they wish to have documentation that UConn will offer courses through a variety of course modalities (not just online) for Spring 2021 semester.

Video of Stay Informed! Meeting Availalble Now

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Last Friday’s Stay Informed! International Students and Scholars Meeting is now available to view at this link. Unfortunately I did not record the first five minutes with the UConn writing center. The recording begins with introducing the International Huskies Writing Assistance program and the Global Gateways program coordinators, and then we cover an overview of the government’s proposed rule to replace duration of status admission for F and J visa holders with date-specific admission.

Please join us for our next meeting on Friday, November 6, for more updates.

For more information, contact: ISSS at international@uconn.edu

USCIS Fees will not Change October 2

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The USCIS fee changes that were supposed to take effect October 2 have been put on hold. If you have an application that you were planning to submit to USCIS on October 2nd or after, continue to use the same current fee schedule when submitting fee payment. This includes the following common applications submitted by F-1/F-2 students and J-1/J-2 exchange visitors:

  • I-539 Application to Exchange, Change or Reinstate Status – Will remain $370 with $85 biometric fee, until further notice
  • I-765 Application for Employment Authorization (e.g. for OPT, STEM OPT Extension or a J-2 EAD applicant) – Will remain $410 until further notice.

ISSS will provide updated information to you as we learn more about changes to the USCIS filing fees.

For more information, contact: ISSS at international@uconn.edu

Proposed Rule to Eliminate Duration of Status for F and J Visa Holders

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Dear international students and visiting scholars,

 Today the federal government published a proposed rule change that could significantly impact how you and your family on F or J visas maintain  your legal status in the United States. The rule is currently in the proposal stage, and the public may comment on the rule in the next 30 days. The rule could be finalized, with or without changes, after the comment period.

 The proposed rule would change how F and J visa holders are admitted to the United States. Currently when you travel to the U.S., the immigration  officer does not define how long you are allowed to stay on your F or J visa. Instead, you are admitted for a period of Duration of Status (D/S), which means you may stay as long as needed to complete your program, provided you follow the rules for your visa, including updating your I-20 or DS-2019 forms to reflect program changes. The new rule would change this practice, by only allowing F and J visa holders to stay in the U.S. for a defined period of time, plus a grace period.  

 Under the proposed rule, if you cannot finish your program within your approved period of stay, you must apply for an extension of status  from the U.S. Citizenship and Immigration Services.  This proposed rule also carries a number of related changes to F and J regulations, many of which impact how F and J visa holders apply for and receive immigration benefits. 

 While we know that this proposed change may cause alarm, please know that ISSS is working to fully understand the details of this rule, and  how we can best support you. ISSS will provide more detailed information about the proposed rule changes at Friday’s Stay Informed! International Student and Scholar Meeting, October 2 at 12 pm. The meeting will be recorded for those who cannot watch live. We will also provide more detailed information through future written communication. 

 We know that recent years have been extremely difficult for international students related to immigration and tolerance in the U.S. Please know you are a vital part of the UConn community, and while the changes proposed in the rule do not change your ability to study and work in the U.S., we are concerned that the rule would create additional hurdles to achieving your academic goals. ISSS will update you on actions taken by the University in response to this rule.

Need a study space?

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We have heard from some international students that they are not sure where they can study on-campus, or perhaps they need an on-campus space to participate in their online class, because it directly follows an in-person class.  There are now two ways to reserve study space on-campus in academic buildings or in the library.

All Campuses: Reserve Space in Academic Buildings

Check out this information and video on reserving availalble study spaces in Academic buildings through Nexus.

https://nexus.uconn.edu/secure_per/reservations/study_space.php

 

Storrs Campus: Reserve a Seat in the Homer Babbidge Library

Students can use this link to reserve space at the Homer Babbidge Library in Storrs.

https://lib.uconn.edu/services/reserve-a-seat/

For more information, contact: ISSS at international@uconn.edu

Stay involved through UKindness

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As we move further into fall semester, it’s so important to try and stay connected to what is happening in our UConn community.

ISSS wants to remind you that the UKindness website is a central resource for everything happening on campus and virtually, as well as tips for staying well during this time. Check in with the event coordinator if you have any questinos about how to participate!

https://kindness.studentaffairs.uconn.edu/

For more information, contact: UKindness at connected@uconn.edu