US Cuts Stay Limit for One Category of Foreign Workers, Sets Maximum Duration

• The US Department of Homeland Security published a final rule ending the open-ended stay arrangement for foreign media representatives
• I visa holders will face a fixed admission period, with Chinese passport holders subject to a stricter 90-day limit
• The rule was set to take effect on September 15, 2026, but is currently paused following a court injunction in Massachusetts

The US Department of Homeland Security (DHS) has moved to impose a fixed time limit on how long foreign journalists and other representatives of foreign information media may remain in the United States, bringing an end to an arrangement that had previously placed no specific expiry date on their stay.

The final rule was published in the Federal Register on 17 July 2026 under Docket 2026-14439, as part of a broader measure covering nonimmigrant academic students, exchange visitors, and representatives of foreign information media.

What changes for I Visa holders

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Under the previous system, foreign media workers entered the United States under what was known as duration of status, meaning their permitted stay was tied to the ongoing purpose of their visit rather than a fixed calendar date. That arrangement has been replaced with a defined admission period.

Going forward, I visa holders will be admitted for a maximum of 240 days. However, journalists travelling on passports issued by the People's Republic of China, excluding Hong Kong SAR and Macau SAR passports, will be subject to a stricter cap of 90 days.

Those who need to remain beyond their authorised window will have two options: apply for an extension of up to 240 days through US Citizenship and Immigration Services by filing Form I-539, or depart the United States and seek a new period of admission upon re-entry through a port of entry. Remaining in the country without taking either step would leave an individual without lawful immigration status.

Court injunction delays rule's implementation

Although the rule was scheduled to take effect on 15 September 2026, it is currently paused across the country following a preliminary injunction issued by a US District Court in Massachusetts.

The injunction means the changes have not yet entered into force while legal proceedings continue.

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DHS framed the rule as part of a wider effort to introduce greater structure and oversight across several nonimmigrant visa categories, arguing it creates a clearer framework for admission and allows the department to better assess whether individuals are maintaining their status.

The shift carries particular implications for media correspondents on extended assignments in the United States, where the duration of coverage can change rapidly depending on developing events. Such journalists may find themselves engaging with the extension process more frequently than other visa holders in more predictable roles.

DHS has said that guidance documents and official resources on relevant government platforms will be updated on and after the effective date to reflect the new framework. Individuals affected by the rule are advised to consult the official Federal Register notice and contact the relevant immigration authorities well ahead of any admission deadline.

US ends automatic work permit for foreign workers

Earlier, YEN.com.gh wrote about the US decision to end automatic work permit extensions for foreign nationals in selected categories.

The final rule requires affected workers to secure an approved Employment Authorisation Document before continuing to work.

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Previously, eligible applicants could keep working while USCIS processed their renewal applications. The change removes that buffer, making it important for workers nearing expiry to check whether their category is affected.

Source: YEN.com.gh