The U.S. Department of Homeland Security (DHS) announced on July 16 a new rule capping the legal stay of foreign students and exchange visitors at a maximum of four years, requiring those who need to extend their stay to apply to the U.S. Citizenship and Immigration Services.
According to a DHS statement, the rule establishes fixed admission periods for holders of F, J, and I nonimmigrant visas, eliminating the so-called "duration of status" framework that had allowed holders of such visas to remain in the U.S. for as long as they complied with the terms of their entry, including maintaining their academic or work programs.
Under the new rule, international students on F visas and exchange visitors on J visas will be admitted for the length of their specific program, not to exceed a maximum of four years. Those who need additional time to complete their studies or programs must formally apply to the U.S. Citizenship and Immigration Services, and applicants will be subject to biometric screening, background checks, and fraud reviews.
The rule also imposes stricter limitations on international students changing their academic plans. Graduate students and above are prohibited from changing their "study objectives," and unauthorized school transfers are banned. After completing one level of education, international students may only proceed to a higher-level program. Additionally, the grace period for international students to prepare for departure, transfer schools, or change status after graduation has been shortened from 60 days to 30 days.
Foreign media representatives on I visas will also face tightened stay limits, with most permitted to stay no longer than 240 days, though they may apply for extensions.
The DHS said the final rule will be published in the Federal Register in the coming days and will take effect 60 days after publication.
The rule has drawn criticism from international educators. Fanta Aw, executive director and CEO of NAFSA: Association of International Educators, said the decision is a "misguided and unnecessary policy shift that injects uncertainty, bureaucracy, and fear into a system that has long worked effectively". "It tells the world's brightest students and scholars that the United States is becoming less welcoming, less predictable, and less committed," Aw said in a statement.
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