Important Updates
Important Updates
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
May 23, 2025 | United StatesAmerican Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations
May 23, 2025 | Ireland, United Kingdom, BelgiumClassical Music: The Immigration Hurdles Facing UK Orchestras in Europe
May 23, 2025 | United States, FranceFragomen Recognized at FACC Midwest Chicago Business Awards
May 23, 2025 | United KingdomNorthern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
May 23, 2025 | United StatesAmerican Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations
May 23, 2025 | Ireland, United Kingdom, BelgiumClassical Music: The Immigration Hurdles Facing UK Orchestras in Europe
May 23, 2025 | United States, FranceFragomen Recognized at FACC Midwest Chicago Business Awards
May 23, 2025 | United KingdomNorthern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

USCIS Revises Unlawful Presence Rules for Students and Exchange Visitors

May 11, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • F, J and M nonimmigrants who fail to maintain nonimmigrant status before August 9, 2018 will generally start accruing unlawful presence on that day.

  • F, J and M nonimmigrants who fail to maintain nonimmigrant status on or after August 9, 2018, will generally start accruing unlawful presence the day after they stop pursuing their authorized course of study, engage in unauthorized activity, or complete their program and authorized grace period.

  • The new unlawful presence triggers will create complications for students and exchange visitors who wish to apply for a visa, admission or adjustment of status after falling out of status.


The situation

USCIS will radically revise how it calculates the accrual of unlawful presence for students and exchange visitors who fail to maintain their F, J or M nonimmigrant status in the United States, according a policy memorandum issued late Friday. Starting August 9, 2018, F, J and M nonimmigrants and their dependents will automatically accrue unlawful presence upon certain triggering events, such as failure to complete the authorized course of study or engaging in unauthorized activities.

The change in policy is intended to comply with President Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States. The memorandum is open to public comment through June 11. Individuals and employers interested in commenting may contact their Fragomen professional.

A closer look

The new policy establishes different guidelines for calculating unlawful presence based on when the failure to maintain status occurred.

F, J, or M nonimmigrants who fail to maintain nonimmigrant status before August 9, 2018 will begin accruing unlawful presence on August 9 unless they had already started accruing unlawful presence based on the earliest of any of the following:

  • The day after the Department of Homeland Security denied the request for an immigration benefit, if DHS made a formal finding that the foreign national violated their nonimmigrant status while adjudicating a request for another immigration benefit;

  • The day after the Form I-94 expired, if the foreign national was admitted until a specific date; or

  • The day after an immigration judge or, in certain cases, the Board of Immigration Appeals, ordered the foreign national excluded, deported, or removed (whether or not the decision is appealed).

F, J, or M nonimmigrants who fail to maintain nonimmigrant status on or after August 9, 2018 will begin accruing unlawful presence on the earliest of the following:

  • The day after the F, J, or M nonimmigrant no longer pursues the course of study or the authorized activity, or the day after they engage in an unauthorized activity;

  • The day after completing the course of study or program plus any authorized grace period;

  • The day after the Form I-94 expires, if the foreign national was admitted until a specific date; or

  • The day after an immigration judge or, in certain cases, the BIA orders the foreign national excluded, deported, or removed (whether or not the decision is appealed).

Background

The memorandum will supersede current guidance related to unlawful presence, which indicates that students and exchange visitors who are admitted for, or present in the United States in duration of status (D/S) only accrue unlawful presence after USCIS formally finds a nonimmigrant status violation or an immigration judge orders the applicant excluded, deported or removed, whichever came first.

What this means

Because the accrual of unlawful presence is what leads to the three and ten year bars to admission, the new policy can create hurdles for students and exchange visitors who fall out of status and wish to apply for a visa or admission, or to adjust status to U.S. permanent resident.

Individuals who have accrued more than 180 days of unlawful presence and then depart are subject to a three-year bar to admission, while those who have accrued more than 365 days of unlawful presence and then depart are subject to a ten-year bar to admission. Such individuals are generally not eligible to apply for a visa, admission, or adjustment of status to permanent resident unless they are eligible for a waiver of inadmissibility or another form of relief.

This alert is for informational purposes only. If you are affected by this policy, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

Blog post

The UK’s Net Migration Drop Demands a Considered but Speedy Response

UK Government Affairs Strategy Director Shuyeb Muquit discusses the UK's recent drop in net migration and emphasises the need for a considered yet swift response to address the economic and social impacts.

Learn more

Media mentions

Construction Management: Immigration White Paper: What it Means for UK Construction

Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Learn more

Media mentions

LBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

Blog post

The UK’s Net Migration Drop Demands a Considered but Speedy Response

UK Government Affairs Strategy Director Shuyeb Muquit discusses the UK's recent drop in net migration and emphasises the need for a considered yet swift response to address the economic and social impacts.

Learn more

Media mentions

Construction Management: Immigration White Paper: What it Means for UK Construction

Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Learn more

Media mentions

LBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.