DHS Finalizes Fixed Admission Periods for J-1 Visa Holders

This story was updated Sept. 24 to reflect that the implementation of the rule is now temporarily stayed.

A federal court temporarily stayed implementation of the DHS rule replacing “duration of status” with fixed admission periods for J-1 visa holders. Therefore, existing duration-of-status rules remain operative while the legal challenge moves forward, although the rule could take effect later if the injunction is lifted. In July, the U.S. Department of Homeland Security (DHS) finalized a rule that replaces “duration of status” for J-1 and certain other nonimmigrant visa holders with fixed periods of admission.

If the rule is implemented, physicians in residency or fellowship programs that last longer than four years will need to apply for an extension of stay (EOS) to complete their training. DHS recommends filing the EOS within six months preceding the expiration of the current stay.

The final rule does not establish internal processing deadlines for EOS decisions. However, J-1 nonimmigrants who are employment authorized with a specific employer incident to status may continue that authorized employment for up to 240 days while the EOS application remains pending.

ACR^® previously communicated to DHS the variability in specialist training timelines and recommended that the department implement flexibility for healthcare workers, streamline extension processes, expand the Conrad 30 pathway and collaborate with the medical community.

For questions, contact Michael Peters, ACR Senior Director, Government Affairs.