US Department of State publishes plans for fixed-term student visas

The proposed rule – Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media – has been published in the Federal Register with a 30-day public comment period on rule changes and a 60-day comment period for new information collection measures.

Fixed-term limits: Under current rules that the government said have been in place since 1978, international students are admitted with ‘duration of status’, meaning that they can stay for an indefinite period as long as they remain enrolled and within the conditions of a student visa.

Under the latest proposals, the government will set admission periods for international students and exchange visitors for the duration of the program they are participating in, with a maximum of four years.

President Trump also attempted to end duration of status in his first presidency. Credit – Noam Galai/Shutterstock.

Students and exchange visitors will then be required to apply for extensions of stay to remain beyond the initial fixed period, with further applications and biometrics required at that point.

The new plans were flagged earlier this year when DHS submitted a proposed rule to end duration of status to the Office of Management and Budget for review. Similar proposals were also published during the first Trump presidency but were rescinded by President Biden before they came into effect.

The Department of Homeland Security said in a statement that the new proposals would, if adopted, curb abuse of student visas and allow the department to properly vet and oversee individuals.

“For too long, past Administrations have allowed foreign students and other visa holders to remain in the U.S. virtually indefinitely, posing safety risks, costing untold amounts of taxpayer dollars, and disadvantaging U.S. citizens,” said a DHS spokesperson. “This new proposed rule would end that abuse once and for all by limiting the amount of time certain visa holders are allowed to remain in the U.S., easing the burden on the federal government to properly oversee foreign students and their history.”

Switching courses: Mirroring proposals that were first published in the first Trump presidency, English language study will be capped at a maximum of 24 months if the proposals are adopted.

The new rules will also restrict transfers and change of education objectives and prohibit postgraduate students from changing programs. Students will be required to complete the first year at the school they were first enrolled at, unless an exemption is issued by the Student and Exchange Visitor Program (SEVP).

International students will also be barred from pursuing another program at the same or a lower educational level than the one already completed.

Other measures in the new proposals include a reduction in the grace period to leave the country at the end of a program from 60 days to 30 days.

Industry reaction: In analysis of the published proposals, NAFSA said that the sector could expect more confusion and delays due to new USCIS filing requirements, and higher fees from additional filing, biometrics and interviews.

Students will need to apply for extensions of stay under the new rules.

Fanta Aw, Executive Director and CEO of NAFSA Association of International Educators , said, “Shifting from a ‘duration of status’ policy to a fixed expiration date is a bad idea for an administration that prides itself on advancements in efficiencies and ‘America First’. These changes will only serve to force aspiring students and scholars into a sea of administrative delays at best, and at worst, into unlawful presence status – leaving them vulnerable to punitive actions through no fault of their own.

“The proposal represents a dangerous overreach by government into academia, as it would give USCIS oversight over decisions that have long been the domain of academia, including changes to a student’s course of study and to their level of study. International students and exchange visitors are already rigorously tracked in the SEVIS database and are the most closely monitored nonimmigrants in the country.”

She added that the rules will “certainly act as an additional deterrent to international students choosing to study in the United States”.

Miriam Feldblum, President and CEO of the Presidents’ Alliance on Higher Education and Immigration, echoed similar sentiments in a statement on the proposed rules.

She added, “At a time when the U.S. is already facing declines in international student enrollment, we must do everything we can to keep the door open to these individuals, who are essential to our future prosperity. This is not the time to erect additional barriers or reduce the flow of global talent.”