On Wednesday, the Department of Homeland Security (DHS) proposed new rules that could significantly change how long international students, exchange visitors, and foreign media representatives can stay in the United States.
If the proposed rule takes effect, it would end the long-standing “duration of status” policy, which currently lets these visa holders remain in the U.S. for as long as they maintain their program or assignment, without a set expiration date.
Ending Indefinite Stay for Students
Since 1978, the U.S. has admitted international students on F visas under a system called “duration of status,” which lets them stay as long as they remain enrolled in studies, without a fixed end date. Unlike most other visas, there was no set limit on their stay, and extensions did not require new DHS reviews.
Officials argue that this system has enabled some individuals to remain in the country indefinitely by continuously enrolling in programs, resulting in what critics call “forever students.” DHS says this has created oversight challenges and added costs for the government.
What the Proposed Rule Would Change
Under the proposal, F visa students, J visa exchange visitors, and I visa foreign media representatives (and their dependents) would be admitted for a fixed period of time, similar to other nonimmigrant categories.
Students and Exchange Visitors (F and J visas)
They would only be admitted for the time it takes to finish their program, but no longer than four years. Extensions would require applying through U.S. Citizenship and Immigration Services (USCIS).
Foreign media representatives (I visas)
They would receive an initial admission period capped at 240 days, with the possibility of an extension for another 240 days. The total stay could not exceed the length of the media assignment.
This means international students and others could no longer rely on an open-ended stay and would need to plan around clear deadlines.
Increased Oversight
DHS believes fixed terms will make it easier to track and evaluate visa holders through the Student and Exchange Visitor Program (SEVP) and its monitoring system, SEVIS. Regular reviews, they argue, would close gaps in the system and reduce the risk of overstays.
A Return to a 2020 Proposal
This idea is not entirely new. President Trump introduced a similar rule in 2020, but the Biden Administration withdrew it in 2021. By reviving it now, the Trump team is signalling a renewed focus on immigration oversight and tighter visa control.
What This Means for Students and Professionals
If implemented, the rule would bring a major shift for foreign students, exchange visitors, and foreign media workers. Instead of open-ended stays tied to enrollment or assignments, they would have to work within set timeframes and apply for extensions if needed.
For international students, this means greater planning will be required around academic programs, graduation timelines, and visa renewals. For universities and employers, it may mean additional paperwork and monitoring to help students remain compliant.
FAQs on the Proposed U.S. Visa Rule
1. What is the main change being proposed?
The rule would replace the open-ended “duration of status” for students with fixed visa terms, capped at four years.
2. Who will be affected by this rule?
This new rule will affect foreign students on F visas (for students), J visas (for exchange visitors), and I visas (for foreign media representatives). Other types of visas, like work or tourist visas, are not covered by this rule.
3. Can students extend their stay beyond four years?
Yes, but they would need to apply for an extension with USCIS, and approval would depend on DHS review.
4. Why is DHS pushing for this change?
Officials say indefinite stays make oversight harder and have allowed some students to remain in the U.S. for years without additional checks.
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