The new rule, submitted by the Department of Homeland Security on June 27, proposes “establishing a fixed time period” for F-1 student and J-1 exchange visitor visas, potentially requiring students to renew their visas before the completion of their studies.
If finalised, the rule would replace the current ‘duration of status’ system, which allows student visa holders to remain in the US as long as they are pursuing a course of study and meeting their visa requirements.
A review of the plans was completed by the Office of Management and Budget (OMB) on August 7, and they are now being prepared for a period of public comment.
The OMB notice said that the review was completed “consistent with change,” but does not extrapolate on what the change was. DHS will now publish the second proposed rule in the Federal Register, opening it up to public comment. DHS did not immediately respond to The PIE News’s request for further details.
Following this period, the plans will be submitted for a second OMB review before they are finalised and set in action.
The plans share the same title as Trump’s 2020 proposal, which was later withdrawn under Biden, with experts predicting the new rule to closely follow the previous version.
Under the 2020 proposals, student visas would be limited to a fixed period of 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.
“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,” Aaron Blumberg, partner at Fragomen Immigration lawyers told The PIE.
For a 20-year-old studying in a foreign country, navigating such a process can be daunting
Aaron Blumberg, Fragomen
What’s more, those who do graduate within four years would have to file for an extension of status to participate in Optional Practical Training (OPT) in addition to applying for the work permit itself.
Not only can the process be burdensome, but it also involves additional government and legal fees, as well as introducing the risk of administrative errors, explained Blumberg.
“For a 20-year-old studying in a foreign country, navigating such a process can be daunting,” he said.
Stakeholders have raised concerns that the changes could place USCIS officers under significant strain and cause longer processing times, with 2020 estimates of an annual 300,000 additional extension applications caused by the new policy.
The news is the latest in a string of policies impacting US student visas, causing international student interest in the US to drop to its lowest level since mid-pandemic.
Analysis of SEVIS and State Department data has highlighted a potential 30-40% decline in new international student enrolment this fall as the impact of the travel ban, changes to the validity period of nonimmigrant visas for 26 countries, and the state department’s near month-long visa interview suspension take hold on visa issuance.
