Harvard International Office (HIO) is recommending that J-1 scholars and F-1 and J-1 international students enrolled in on-campus programmes this fall try to be in the US when a new Department of Homeland Security rule takes effect on September 15.
The recommendation comes as the new rule will apply differently to students and scholars who are already in the US when it takes effect and those who leave and return after September 15, as reported by Harvard Crimson.
DIFFERENT RULES FOR THOSE ALREADY IN US
Those in the US on the day the rule takes effect will be authorised to remain without filing for an extension until the later of their programme end date or the expiration of their post-completion work authorisation, up to a maximum of four years.
However, current students and scholars who leave the US and return after September 15 will become subject to the new rule upon re-entry.
F-1 GRACE PERIOD TO BE SHORTENED
Those already in the US when the rule takes effect will retain the 60-day grace period for F-1 visa holders and 30-day grace period for J-1 visa holders.
Under the new rule, the grace period for F-1 visa holders will be shortened to 30 days, reports Harvard Crimson.
Students and scholars reentering the country after September 15 may also see the “Admit Until Date” on their I-94 form changed to match their programme end date, according to the HIO. This could affect how future extensions of status are granted.
STUDENTS MAY NEED USCIS EXTENSION
Under the new rule, students hoping to remain in the US beyond their authorised admission period will be required to file for an extension through US Citizenship and Immigration Services (USCIS).
Under the existing system, students can generally extend their programme dates through their universities without separately applying to USCIS for an extension of stay.
The rule would also limit students’ ability to transfer institutions or change their plans of study.
UNCERTAINITY OVER NEW VISA RULES
Since the rule was announced in July, students have been left unsure about how it will work in practice, including what impact travel would have on their visa status.
In its guidance, the HIO acknowledged the uncertainty and wrote that the office’s ability to provide clarity is limited, reports Harvard Crimson.
The guidance also referenced a lawsuit filed Tuesday by a coalition of higher education groups and labor unions seeking to prevent the rule from going into effect.
The plaintiffs have also asked a federal judge for a preliminary injunction that would temporarily block the rule while the lawsuit proceeds. The injunction has not yet been granted.
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