https://s3.amazonaws.com/publi...  Amend 8 CFR 214.1, Requirements for admission, extension, and maintenance of status, by: o Striking all references to D/S for F, J, and I nonimmigrants; o Describing requirements for F and J nonimmigrants seeking admission; o Updating the cross reference and clarifying the standards for admission in the automatic extension visa validity provisions that cover F and J nonimmigrants applying at a port-of-entry after an absence not exceeding 30 days solely in a contiguous territory or adjacent islands; o Outlining the process for extension of stay (EOS) applications for F, J, and I nonimmigrants; o Specifying the effect of departure while an F or J nonimmigrant’s application for an EOS in F or J nonimmigrant status and/or employment authorization (and an associated employment authorization document (EAD)) is pending; o Providing procedures specific to the transition from D/S to admission for a fixed time period of authorized stay for F, J, and I nonimmigrants; and o Replacing references to specific form names and numbers with general language, to account for future changes to form names and numbers.  Amend 8 CFR 214.2, Special requirements for admission, extension, maintenance, and change of status, by: o Setting the authorized admission and extension periods for F and J nonimmigrants (with limited exceptions) up to the program length, not to exceed a 2- or 4-year period; o Listing the circumstances, including factors that relate to national security and program integrity concerns, when the period of admission for F and J nonimmigrants may be limited to a maximum of 2 years; o Outlining procedures and requirements for F-1 nonimmigrants who change educational levels while in F-1 status; o Providing limits on the number of times that F-1 nonimmigrants can change educational levels while in F-1 status; o Decreasing from 60 to 30 days the allowed period for F aliens to prepare to depart from the United States after completion of a course of study or authorized period of post-completion practical training ; o Proposing to lengthen the automatic EOS for individuals covered by the authorized status and employment authorization provided by 8 CFR 214.2(f)(5)(vi) (the H-1B cap gap provisions); o Initiating a routine biometrics collection in conjunction with an EOS application for F, J, and I nonimmigrants; o Limiting language training students to an aggregate 24-month period of stay, including breaks and an annual vacation; o Providing that a delay in completing one’s program by the program end date on Form I-20, due to a pattern of behavior demonstrating a student is repeatedly unable or unwilling to complete his or her course of study, such as failing grades, in addition to academic probation or suspension, is an unacceptable reason for program extensions for F nonimmigrants; o Providing that F nonimmigrants who have timely filed an EOS application and whose EOS application is still pending after their admission period indicated on Form I-94 has expired will receive an automatic extension of their F nonimmigrant status and, as applicable, of their on-campus employment authorization, off-campus employment authorization due to severe economic hardship, or Science Technology Engineering and Mathematics Optional Practical Training (STEM OPT) employment authorization, as well as evidence of employment authorization, for up to 180 days or until the relevant application is adjudicated, whichever is earlier; o Allowing F nonimmigrants whose timely filed EOS applications remain pending after their admission period has expired to receive an auto-extension of their current authorization for on-campus and off-campus employment based on severe economic hardship resulting from emergent circumstances under 8 CFR 214.2(f)(5)(v). The length of the auto-extension of employment authorization would be up to 180 days or the end date of the Federal Register notice (FRN) announcing the suspension of certain regulatory requirements related to employment, whichever is earlier; o Prohibiting F nonimmigrants whose admission period, as indicated on their Form I-94, has expired while their timely filed EOS applications and applications for employment authorization based on either an internship with an international organization, curricular practical training (CPT), pre-completion Optional Practical Training (OPT), or post-completion OPT are pending to engage in such employment until their applications are approved; o Replacing D/S for I nonimmigrants with admission for a fixed time period until they complete the activities or assignments consistent with the I classification, not to exceed 240 days, with an EOS available for I nonimmigrants who can meet specified EOS requirements; o Codifying the definition of a foreign media organization for I nonimmigrant status, consistent with long-standing USCIS and Department of State (DOS)practice; o Updating the evidence an alien must submit to demonstrate eligibility for the I nonimmigrant category; o Clarifying that I and J-1 nonimmigrants, who are employment authorized with a specific employer incident to status, continue to be authorized for such employment for up to 240 days under the existing regulatory provision at 8 CFR 274a.12(b)(20), if their status expires while their timely filed EOS application is pending, whereas J-2 spouses, who must apply for employment authorization as evidenced by an EAD, do not have the benefit of continued work authorization once the EAD expires; o Striking all references to “duration of status” and/or “duration of employment” for the F, J, and I nonimmigrant categories; and o Including a severability clause. In the event that any provision is not implemented for whatever reason, DHS proposes that the remaining provisions be implemented in accordance with the stated purposes of this rule.  Amend 8 CFR 248.1, Eligibility, by: o Establishing requirements to determine the period of stay for F or J nonimmigrants whose change of status application was approved before the Final Rule’s effective date and who depart the United States, then seek readmission after the Final Rule’s effective date; and o Codifying the long-standing policy under which DHS deems abandoned an application to change to another nonimmigrant status, including F or J status, if the alien who timely filed the application departs the United States while the application is pending.  Amend 8 CFR 274a.12, Classes of aliens authorized to accept employment, by: o Striking references to “duration of status,” to Form I-539, Application to Extend/Change a Nonimmigrant Status, and to Form I-765, Application for Employment Authorization; o Updating the employment authorization provisions to incorporate the proposed revisions in 8 CFR 214.2. Last edited: 24-Sep-20 11:31 PM