US judge blocks Trump administration rule limiting stay for foreign students, journalists

A US federal judge has blocked a Trump administration rule that would impose fixed stay limits on foreign students, exchange visitors and foreign media representatives. The rule was scheduled to take effect Tuesday and would have replaced the existing duration-of-status system.

San Francisco: A US federal judge on Monday (US local time) blocked a Trump administration rule that would impose fixed limits on how long foreign students, exchange visitors and representatives of foreign media may stay in the United States.

Judge F. Dennis Saylor IV of the District of Massachusetts granted the plaintiffs’ request to postpone the rule’s effective date under Section 705 of the Administrative Procedure Act. The rule was scheduled to take effect on Tuesday.

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The new rule, published by the US Department of Homeland Security in July, would have replaced the “duration of status” system currently applied to F-class academic students, J-class exchange visitors and I-class representatives of foreign information media with fixed periods of admission, Xinhua news agency reported.

Under the rule, F and J nonimmigrants would generally be admitted for the duration of their academic or exchange programmes, subject to a maximum of four years, followed by a 30-day departure period. Those needing additional time to complete their studies, training or exchange programmes would need to apply to US Citizenship and Immigration Services for an extension.

I-class foreign media representatives would be admitted for the period necessary to complete their activities or assignments, for no more than 240 days at a time, with extensions available.

Several organisations, including NAFSA: Association of International Educators, the Presidents’ Alliance on Higher Education and Immigration, the American Federation of Teachers, the United Auto Workers Local 2322, The NewsGuild-CWA and others, filed a lawsuit on August 18 seeking to block the rule.

Earlier this month, the Trump administration proposed ending the up-to-60-day grace period that allows H-1B workers and several other employment-based visa holders to remain in the United States after losing their jobs, a move that could sharply narrow the time available to find a new employer or pursue another immigration option.

The Department of Homeland Security (DHS) proposal, scheduled for publication in the Federal Register, would remove the provision at 8 CFR 214.1(l)(2), which covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN visa classifications and their dependents.

If finalised, workers whose employment or qualifying activity ends would generally have to leave the United States immediately, unless they are otherwise authorised to remain.

DHS said the present grace period “disconnects the alien’s lawful status from the very basis of eligibility” for these employment-based non-immigrant classifications.

The proposal would restore what DHS described as its earlier policy, under which a worker was expected to depart once employment with the sponsoring employer ended.