The Department of Homeland Security (DHS) has recently proposed a regulation which will admit F, J and I nonimmigrants for specific periods of stay. To date, each of these nonimmigrant visa categories – foreign students, exchange visitors and visas issued for foreign media and correspondents- have been issued with an end date noted as “D/S” - duration of stay. 

The final rule that DHS expects to issue will also change the government’s policy on when and how these nonimmigrants will begin accruing unlawful presence, making them subject to the three and ten year bars applicable to other foreign nationals who have been unlawfully present in the United States for over 180 days or for period of over one year.  Historically, F, J and I nonimmigrants are only deemed to accrue unlawful status if an immigration judge or USCIS (U.S. Citizenship and Immigration Services) deems them to have violated their nonimmigrant status. 

It is also anticipated that the rule will replace the current 60-day grace period for F-1 foreign students with a 30-day grace period.  Further restrictions might impact students barring undergraduate students from changing programs, majors or education levels during the first year of studies unless ICE (Immigration and Customs Enforcement) allows exceptions for unusual and exceptional circumstances. 

Such circumstances might include the inability to hold classes during a natural disaster or closure of the institution.  Further limitations in this visa category might include restrictions on international travel while pending extensions of stay are evaluated with the agency. Also, DHS will likely terminate the ‘first day’ Curricular Practical Training authorization for foreign students participating in these programs.  When the final rule is issued, we will summarize and provide updates.

The Department of Homeland Security Proposes Significant Changes for its Change of Address Form – Form AR-11

On May 7, 2026, The Department of Homeland Security proposed in a Federal Register Notice that in addition to mandating that permanent residents of the United States, nonimmigrants, and others in the United States lawfully present notify the federal government of a change of address within 10 days of a move, such individuals must also report to the federal government whether or not they are accepting any means-tested benefits, along with updates regarding their employment and schooling information.  Such information will be utilized by the federal government to enforce U.S. immigration law including public charge violations and assess grounds of excludability.  This proposed rule, which would go into effect as a final rule on July 6, 2026, would also be used by the government to assess means-tested benefits by foreign nationals who might be in violation of federal law. The Form AR-11, to date, has served as a relatively benign notice that anyone in the United States not in possession of U.S. citizenship notify the government of any change in address within 10 days of a move. 

The current administration is imposing more in-depth disclosure requirements to assure further government scrutiny of foreign nationals within our borders and the enforcement of our immigration and public charge rules.

FOR MORE INFORMATION:
Reach out to a member of the Tarter Krinsky & Drogin Business & Corporate Immigration Practice to discuss.