The Department of Homeland Security announced a new policy to cap the duration of international students’ visas to four years, cracking down on those who overstay their time in the United States.
The rule change overrides a 1978 policy, known as duration of status, that allowed foreign students to stay in the U.S. as long as their studies required, without having to interact with immigration officers. With its new visa rule, the Trump administration closed the loophole by setting a fixed time frame for such students.
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“For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud,” Homeland Security Secretary Markwayne Mullin said in a press release on Thursday.
“For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S.,” he added. “By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders.”
The regulation establishes a fixed admissions cap of four years while allowing visa holders to apply for an extension of stay through U.S. Citizenship and Immigration Services if they need to complete an academic program lasting more than four years.
Nonimmigrant visa holders in F, J, and I classifications are affected by the new rule.
F-1 visa holders, who are international nonimmigrant students pursuing full-time academic degrees at accredited U.S. institutions, will be required to leave the country within 30 days following graduation. Previously, they were allowed to depart up to 60 days after graduation.
“This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home,” Mullin concluded.
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The rule also imposes strict limitations on academic changes, such as a switch in major or degree level.
The final rule will be published in the Federal Register soon and will take effect 60 days after publication.
