IDC’s Public Comment Opposing Proposed Rule to Eliminate D/S

As shared in our special Immigration News Alert last month, the Trump Administration published a Proposed Rule seeking to eliminate Duration of Status (“D/S”) as an authorized period of stay for F, J, and I nonimmigrants and replacing it with a predetermined maximum period of stay, not to exceed four years. If implemented, international students, researchers, physicians, and others would be required to regularly apply for extensions of status through a USCIS service center. The Proposed Rule would also severely restrict program changes and would prohibit students from continuing their education in the US if their desired program happens to not align with DHS’s idea of typical academic progression. 

Iandoli Desai & Cronin joined over 19,000 others in commenting on the Proposed Rule and voiced our strong opposition to the change. Our comment highlighted the numerous issues and challenges with the Rule, including: 

• Lack of rational justification 

• Confusion regarding how international travel impacts the authorized period of stay 

• Administrative duplication and cost burden 

• Misalignment with educational and medical training cycles 

• Intrusion into academic decision-making 

• Likely USCIS service center processing delays 

• Unreasonable restriction on interdisciplinary studies 

• Vague extension process and unclear timelines 

The Trump Administration must now read, consider, and respond to each substantive comment it received before it can publish a Final Rule on the matter. The Administration’s failure to adequately address each concern could be used later on as grounds for a lawsuit to block the change.