3/6/2007

The U.S. Department of State has changed the rule as to how early a student can obtain the visas or can be admitted to the U.S. before the program starts, and issued a cable to the visa posts to implement this new policy. The students in F, M, and J visa status should be aware of this change. The changed rules are as follows:

• Persons applying for initial-entry F-1, F-2 and M-1and M-2 visas may now be issued these visas up to 120 days before the program start date as listed on their I-20s.

• These changes apply only to initial-entry students. Continuing students may apply for new f or m visas at any time, as long as they have been maintaining student status and their records are current. Continuing students may also enter the united states at any time before their classes start.

• Officers may issue J-1 and J-2 visas to exchange visitors, however, at any time before the beginning of their programs.

• Posts may issue an exchange visitor's visa to an applicant at any time as long as the form DS-2019 remains valid. However, the visitor may not enter the united states earlier than 30 days before the initial program start date. Applicants continuing on an exchange visitors program are not subject to this restriction.

• Posts should make appropriate updates to consular websites and other information sheets as required, and inform students and exchange visitors of these changes at the time of visa issuance.

• The joint vision statement also announced that initial-entry students may apply for admission to the united states up to 45 days before their program start dates, although DHS must publish a regulation to implement this change. We will notify posts when DHS implements this change, which may take several months. Until then, posts should continue informing initial-entry F, M and J visa holders that they should not enter the united states more than 30 days before their program start dates.