On May 11, 2018, USCIS published a policy memorandum related to the calculation of unlawful presence for those individuals in F, J and M status in the United States. The public comment period ends on June 11, 2018 and the new guidance is slated to take effect on August 9, 2018.

It is extremely important that those individuals in the U.S. in F, J and M nonimmigrant status takes steps to ensure that they will not begin to accrue unlawful presence in the coming months.