DHS Publishes Final Rule to Remove Obsolete Procedures for the F, J, and M Nonimmigrants

On April 2, 2024, the Department of Homeland Security (DHS) published a Final Rule in the Federal Register, Removal of Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants, which finalizes the requirements from the Interim Final Rule published in December 2022 without any significant changes, responds to public comments and amends 8 CFR 214.2.

As part of this Final Rule, DHS:

  • further clarifies who may provide documentation to substantiate a student’s illness or medical condition for authorization of a reduced course load,
  • removes obsolete language,
  • and corrects a form title.

The rule will become effective 30 days after date of publication in the Federal Register.

This rule follows the Interim Final Rule published on Dec. 12, 2022, which amended regulations at 8 CFR 214.1, 214.2, 214.3, 214.4, 214.12, and 214.13 to remove obsolete information, correct typographical errors, update references and citations and make minor clarifications to regulatory language. These changes were administrative, not substantive, and were necessary to remove obsolete procedures and requirements used before the implementation of the Student and Exchange Visitor Information System (SEVIS) or during the transition to SEVIS. The rulemaking does not raise existing costs or place additional burdens on F and M students, J exchange visitors, SEVP-certified schools or designated Exchange Visitor programs.

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Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.