The Department of Homeland Security has put forward a significant regulatory change that would replace the indefinite “duration of status” for certain visa holders with fixed admission periods, primarily capping stays at four years for academic students and exchange visitors. This move targets longstanding concerns over extended stays that allow foreign nationals to linger in the U.S. job market, often at the expense of American graduates.
Under the proposed rule, F-1 academic students and J-1 exchange visitors would be admitted for up to four years or until the end of their program as listed on official forms, whichever comes first, with an additional 30 days before the start and 30 days after completion. Foreign media representatives on I visas would face even shorter limits: 240 days generally, or just 90 days for those holding passports from the People’s Republic of China (excluding Hong Kong and Macau). Extensions would require formal applications, including biometric data and evidence of compliance, allowing DHS to conduct regular security checks and ensure participants stick to their intended activities.
DHS officials framed the reform as a necessary fix to systemic flaws. “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,” the department stated. “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.”
The changes build on recommendations from post-9/11 reviews, aiming to curb fraud, such as “pay-to-stay” schemes where enrollees pay tuition solely to maintain work eligibility. Language training programs would be restricted to a 24-month lifetime limit, and public high school attendance to 12 months. For longer academic pursuits like PhDs, extensions could be granted for compelling reasons, but with added scrutiny to prevent shifts to unrelated or lower-level programs.
In 2023 alone, the U.S. admitted about 1.6 million on F-1 visas, 500,000 on J-1, and nearly 33,000 on I visas. While the rule applies broadly, it stands to disrupt pathways heavily used by Indian nationals, who often leverage student visas alongside the Optional Practical Training (OPT) program—introduced under President George W. Bush—to cycle through jobs and pursue green cards. This has enabled many to build networks in white-collar sectors, sometimes displacing U.S. workers by accepting lower wages in exchange for residency prospects.
Advocates for high-skilled immigration have sharply criticized the proposal. One Indian advocate described it as “The most brutal I’ve seen … over the last 40 years.” Another lamented, “The new F1 rules effectively closes the F1 [to] [H1B] [program] pipeline.”
The rule’s release also addressed recent speculation about expanding Chinese student inflows. During a Fox News appearance, Commerce Secretary Howard Lutnick relayed President Trump’s view: “The president’s point of view is that what would happen if you didn’t have those 600,000 students is that you’d empty them from the top, all the students would go up to better schools, and the bottom 15 percent of universities and colleges would go out of business in America.” This drew backlash, with investor Eric Weinstein warning, “You are talking national suicide here.”
Officials quickly clarified that no increase is planned. “President Trump isn’t proposing an increase in student visas for Chinese students. The 600k references two years worth of visas. It’s simply a continuation of existing policy.” The emphasis remains on tightening controls amid national security worries, including past cases of espionage involving Chinese nationals on student visas.
Education groups like NAFSA have opposed the measure, arguing it could deter international talent and strain universities already reliant on foreign tuition. Yet DHS estimates the economic costs—mainly from extension filings and compliance—at around $390 million annually, offset by qualitative gains in program integrity and reduced unlawful presence.
Public comments are open for 30 days, inviting input from stakeholders before finalization. If enacted, the rule could reshape how foreign graduates navigate U.S. opportunities, prioritizing temporary education over prolonged workforce integration.
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Author: Education Report
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