US Limits Foreign Student Visas To Four Years

• DHS proposes fixed visa stays, ending "duration of status" for F, J, and I visa holders.
• F/J visas capped at 4 years; reduced grace period; I visas capped at 240 days.
• Rule aims to improve oversight, requires extensions, & addresses security concerns.

In a massive overhaul, the United States Department of Homeland Security (DHS) announced a proposed rule that, if finalised, would limit the length of time

certain visa holders – including foreign students– are allowed to stay in the United States. According to the DHS, the proposed new regulations eliminate the current "duration of status" framework for certain non-immigrant categories and replace it with fixed admission periods. "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 amount of taxpayer dollars, and disadvantaging US 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 US, easing the burden on the federal government to properly oversee foreign students and their history." The changes would apply to academic students (F), exchange visitors (J), and representatives of foreign media (I), according to a notice of proposed rulemaking (NPRM) published by US immigration and customs enforcement (ICE).

Fixed stay, reduced grace period: New changes proposed for US visa holders

The DHS said that the proposed changes follow increasing concerns about visa oversight and national security. If implemented, the proposed rule would require these nonimmigrants to apply for an extension of stay (EOS) with DHS if they wish to remain in the US beyond their approved admission date.

"Admitting foreign students, exchange, and foreign media classifications for a fixed period of time would require said aliens to for apply for authorisation to extend their stay with United States Citizenship and Immigration Services (USCIS), therefore requiring regular assessments by DHS for the alien to remain in the US for a longer period," the DHS said.

Foreign students & exchange visitors:

• Maximum stay capped at 4 years for F and & J visa holders.
• A reduced post-study grace period for F-1 students, from 60 days to 30.
• A 240-day admission cap for I visa holders, with exceptions for certain cases involving China.
• Restrictions on graduate-level F-1 students switching programs mid-course.
• Admission and extension periods would be tied to the length of their program.

Foreign media representatives:

• Initial admission period: up to 240 days.
• Extension possible: up to 240 days.
• Total stay cannot exceed the length of their temporary activity/assignment.

The DHS said this would allow them to conduct proper oversight as part of SEVP and SEVIS by making access to necessary information more accessible and reducing the number of individuals here on visas. In 2023 alone, there were over 1.6 million F1 students, more than 500,000 J visa holders, and over 32,000 I visa holders.