Submitted by the Department of Homeland Security on June 27, the rule proposes “establishing a fixed time period” for students, exchange visitors and foreign media representatives in the US, a policy that Trump attempted to enact during his first presidential term.
While the content of the rule has not been published, its title is the same as the 2020 proposal – later withdrawn by the Biden administration – with experts expecting the new rule to share many similarities with the previous version.
Under the 2020 proposals, student visas would have been limited to two or four years – depending on their country of origin – with students wishing to be in the US for any longer having to apply for an extension.
“We can only speculate at this point… However, we would expect [the rule] to largely mirror the 2020 proposal,” Aaron Blumberg, partner at Fragomen Immigration lawyers told The PIE.
As well as creating “significant challenges” for international students, the rule would place “enormous strain” on government resources and likely lead to longer visa processing times across the board, Blumberg warned.
“Studies show that the average time to complete a degree – whether for domestic or international students – exceeds four years, meaning that the majority of students (and probably every doctorate student) would need to file an extension of status in order to complete their studies,” he said.
For a 20-year-old studying in a foreign country, navigating such a process can be daunting
Aaron Blumberg, Fragomen
While US higher education is often viewed through the lens of two- or four-year degree programs, these time periods “do not match the reality of study”, wrote NAFSA in a 2020 letter to the administration.
National data from the time revealed that just 56% of international students complete their undergraduate degree within four years, compared to 44% of their domestic counterparts, as cited in the letter.
What’s more, those that wish to participate in Optional Practical Training (OPT) – who currently make up nearly 22% of the total international student population – would be required to file for an extension of status in addition to the work permit itself.
Not only is the process burdensome and costly, involving additional government and legal fees, “it also introduces the risk of administrative errors that could result in denials and even the loss of legal status,” said Blumberg.
“For a 20-year-old studying in a foreign country, navigating such a process can be daunting,” he added.
Currently, the duration of status system allows student visa holders to remain in the country as long as they are pursuing a course of study and meeting their visa requirements.
For USCIS, the administrational burden of the change would be huge, with 2020 estimates predicting an additional 300,000 extension applications each year, causing knock-on delays and ultimately deterring international students from the US, stakeholders have warned.
The proposed rule been submitted to the Office of Management and Budget (OMB) for inspection and will only be published after a period of public comments and a final review process.
