The Department of Homeland Security announced a new rule on Thursday, reducing the duration that foreign journalists, students, and cultural exchange visa-holders can stay in the country.
The new rule replaces the previously unspecified period of time that immigrants were admitted to the United States, known as “duration of status,” with a fixed number of days they will be allowed to stay.
“This decisive shift restores integrity to the nation’s immigration system, combats rampant visa abuse, and strengthens national security through regular vetting. A fixed period of admission is currently in place for many other types of nonimmigrant visas,” the Department of Homeland Security said.
With the exception of some Chinese nationals on I visas for representatives of foreign information media, journalists from other countries will be granted “admission for a fixed time period until they complete the activities or assignments consistent with the I classification, not to exceed 240 days.”
Chinese reporters face a much stricter 90-day limit.
According to the final rule’s public inspection version, “There were 37,330 admissions for I nonimmigrant foreign media representatives in the United States in FY 2024, over double the 16,753 admissions into the U.S. in 1985 and a nearly 15 percent increase from the prior fiscal year”
It also places restrictions on student F visas and cultural exchange J visas.
Exchange and student visas will only be granted for the duration of their programs, not to exceed four years.
The public inspection version of the rule reads,
In fiscal year (FY)2024 alone, there were over 1.8 million admissions in F status, a dramatic rise from when the legacy U.S. Immigration and Naturalization Service (INS) first shifted to D/S admission in 1979 and more than an 11 percent increase since FY 2023. For example, in the 1980-81 school year, there were approximately 260,000 admissions in F status. Similar growth in the J nonimmigrant population has also occurred over the past decades. In FY 2024, there were over 500,000 admissions in J status, up over 300 percent from the 141,213 J admissions into the United States in 1985 and up over 7 percent since FY 2023.
“The significant increase in the volume of F academic students, J exchange visitors, and I representatives of information media under D/S poses a challenge to DHS’s ability to monitor and oversee these nonimmigrants while they are in the United States,” it further states.
The amendment to the rule will take effect 60 days after publication in the Federal Register.
“For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud,” Homeland Security Secretary Markwayne Mullin said in a statement.
“For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home.”
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