- Harvard International Office 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 new DHS 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.
- 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.
- The lawsuit filed by a coalition of higher education groups and labor unions seeks to prevent the rule from going into effect, with an injunction that has not yet been granted.
- The existing duration-of-status (D/S) system allows students to stay as long as they maintain status, but the new rule will replace it with fixed admission periods for many F-1 and J-1 visa holders.
- Under the new rule, the grace period for F-1 visa holders will be shortened to 30 days, while those already in the US will retain the 60-day grace period.
- Students needing additional time to complete their studies may have to follow a formal extension process under the new rule.
Harvard University has advised international students to return to the U.S. before September 15, when new visa rules from the Department of Homeland Security (DHS) will take effect. The changes will significantly alter the grace periods for F-1 and J-1 visa holders.1011
Under the new regulations, students who are already in the U.S. on the effective date will retain their current grace periods—60 days for F-1 and 30 days for J-1 visa holders. However, those who leave and reenter after September 15 will face a shortened grace period of only 30 days for F-1 visa holders, as reported by *Harvard Crimson.*
The new rules will also replace the existing “duration of status” system with a fixed period of stay, which could limit students' ability to transfer institutions or change their study plans. Students reentering may find their “Admit Until Date” on their I-94 form changed to match their program end date, according to the Harvard International Office (HIO).1
The HIO has acknowledged the uncertainty surrounding these changes, stating that its ability to provide clarity is limited. A lawsuit has been filed by a coalition of higher education groups seeking to block the implementation of the new rules, but an injunction has not yet been granted.567
Students, particularly those from India, are advised to check their visa documents and consult their university's international office to understand how travel could impact their immigration status.
“Under the new rule, F-1 visa holders' grace period shortens from 60 to 30 days, while J-1 holders see theirs cut from 30 to 30 days. A coalition of higher education groups and labor unions filed a lawsuit Tuesday seeking a preliminary injunction, which has not yet been granted.”
