The Department of Homeland Security (DHS) submitted the final rule to the Office of Management and Budget (OMB) on May 5, with clearance anticipated imminently.
“We expect OMB’s review to be expeditious and for the rule to be published in the Federal Register in the not-too-distant future,” NAFSA CEO Fanta Aw said on social media.
Though its contents will not be known until its release on the Federal Register, in its proposed form, the rule would eliminate the longstanding policy of admitting international students into the US for the duration of their visa.
According to NAFSA, the final regulation is likely to retain “most if not all” of the changes included in the proposed rule.
These would limit international students to a four-year stay period in the US before having to apply for a visa extension – incurring financial costs for students and extra administrative burdens for both students and USCIS.
Experts have raised concerns about the impact of the policy on students taking dual degree programs, medical training and PhDs that are longer than four years.
They highlight that many bachelor’s students routinely take longer than four-years to complete their course of study in the US, and that students wishing to participate in Optional Practical Training (OPT) would also be required to file for an extension under the new policy.
We expect OMB’s review to be expeditious
Fanta Aw, NAFSA
Additionally, the rule would prohibit graduate students from transferring between schools or programs at any stage, and undergraduate students from doing so during the first year of their degree.
It also stops F-1 students from taking a second degree at the same or lower education level after completing a program of study and shortens the grace period from 60 to 30 days, among other changes.
After OMB clearance, the final rule will go into effect 60 days after publication in the Federal Register. Sector leaders have warned institutions about considerable workload increases when the rule drops.
What’s more, they raised concerns about the policy causing more visa adjudication backlogs and student uncertainty, further dampening America’s appeal as a study destination, which saw a 17% drop in new international enrolments last year.
For it’s part, the government has framed the changes as a means of enhancing immigration oversight and protecting national security by collecting nonimmigrant information.
The DHS proposal also included new restrictions on the maximum stay of J-1 exchange visitor visa holders and members of foreign media on I visas.
