USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors


All Employers


August 9, 2018


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The U.S. Citizenship and Immigration Services (USCIS) published new guidance for individuals currently classified under student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status visas. The revised policy changes how USCIS calculates unlawful presence and how this is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status visas. Unlawful presence accrues any time a nonimmigrant remains in the U.S. beyond the expiration of their permitted stay period. Accruing more than 180 days of unlawful presence may result in a 3-year ban on entering the U.S. in the future.