The proposed rule, announced by the Department of Homeland Security (DHS) on August 27, would upend the longstanding “duration of status” policy and enforce additional restrictions on students changing programs and institutions.
If finalised, the new rule would limit the length of time international students, professors and other visa holders can stay in the US, which DHS claims would curb “visa abuse” and increase the department’s “ability to vet and oversee these individuals”.
Trump initially put forward the proposal during his first administration, only for it to be withdrawn under Biden. In recent weeks, a rehashed version of the plans has been moving closer towards final approval.
Yesterday’s publication of the finalised proposal in the Federal Register was met with immediate denunciation by stakeholders who say it would place an undue administrative burden on students as well as representing a “dangerous government overreach”. Now the proposal is under a 30-day public comment period.
“These changes will only serve to force aspiring students and scholars into a sea of administrative delays at best, and at worst, into unlawful presence status – leaving them vulnerable to punitive actions through no fault of their own,” said NAFSA CEO Fanta Aw.
Under the rule, students could only remain in the US on a student visa for a maximum of four years and would have to apply for a DHS extension to stay longer.
The policy document reasons that 79% of students in the US are studying undergraduate or master’s degrees which are generally two or four-year programs, thus: “a four-year period of admission would not pose an undue burden to most nonimmigrant students”.
And yet, stakeholders have previously pointed out that the average time taken to complete an undergraduate degree – for both domestic and international students – exceeds four years, meaning that the majority of students would have to file for an extension to complete their studies.
Meanwhile, this reasoning does not consider postgraduate students on longer programs or the many students that go onto Optional Practical Training (OPT), who would have to apply for a visa extension as well as the work permit itself.
If finalised, master’s students would no longer be able to change their program of study, and first year students would be unable to transfer from the institution that issued their visa documents.
Alarmingly, the rule would hand power to the government to determine academic progress, with “a student’s repeated inability or unwillingness” to complete their degree, deemed an “unacceptable” reason for program extensions.
It would also limit English-language students to a visa period of less than 24 months, and the grace period for F-1 students, post-completion, would be reduced from 60 to 30 days.
Such far reaching provisions amount to “a dangerous overreach by government into academia,” said Aw, pointing out that international students and exchange visitors are already “the most closely monitored non-immigrants in the country.”
Government interference into the academic realm in this way introduces a wholly unnecessary and new level of uncertainty to international student experience
Fanta Aw, NAFSA
“For too long, past administrations have allowed foreign students and other visa holders to remain in the US virtually indefinitely, posing safety risks, costing untold amount of taxpayer dollars, and disadvantaging US citizens,” DHS said in a statement.
Framing the issue as one of national security, the department said it had identified 2,100 F-1 visa holders who arrived between 2000 and 2010 and have remained in status, becoming what DHS called “forever” students “taking advantage of US generosity”.
Putting this in perspective, commentators have highlighted that in 2023 alone there were 1.6 million F-1 visa holders in the US.
As well as imposing significant burdens on students and intruding on academic decision-making, the proposal would also place strain on federal agencies and increase the existing immigration backlog, warned Miriam Feldblum, CEO of the Presidents’ Alliance on Higher Education and Immigration.
“International students deserve assurance that their admission period to the US will conform to the requirements of their academic programs,” said Feldblum, issuing a grave warning that the rule would further deter international students and “diminish” US competitiveness.
“At a time when the US is already facing declines in international student enrolment, we must do everything we can to keep the door open to these individuals, who are essential to our future prosperity,” she continued, alluding to recent falls in US visa issuance.
Since coming to office, a barrage of hostile policies from the Trump administration have erected unprecedented barriers for students hoping to study in the US, with a near-month long visa interview suspension earlier this summer still wreaking havoc on visa appointment availability around the world.
The latest government data revealed a 30% drop in student arrivals this July, with colleges bracing for a drastic drop in international student numbers for the upcoming year. If the decline continues, experts have warned of USD $7bn in damages to the US economy.
According to Aw, the proposed rule would “certainly” deter international students further, “without any evidence that the changes would solve any of the real problems that exist in our outdated immigration system”.
Appealing to Trump’s recent remarks pushing for a more-than doubling of the Chinese student population in the US, Aw urged the government to engage with the sector to ensure the US remained the “premier destination” for global talent while keeping the country “safe and prosperous”.
