Washington: The United States Department of Homeland Security (DHS) has announced a proposed rule that would replace the existing “duration of status” policy for student, exchange visitor, and foreign media visa holders with fixed periods of stay. The move, if finalized, is expected to significantly reshape the experience of international students and professionals in the country.
Under the proposed changes, F-1 student and J-1 exchange visitor visa holders would be granted admission for the length of their program or a maximum of four years, whichever is shorter, followed by a 30-day grace period. This reduces flexibility compared to the current system, which allows students to remain in the country for the duration of their program with a 60-day grace period.
For I-visa holders, who represent international media professionals, the rule would limit the stay to 240 days, with a stricter 90-day cap applied to Chinese nationals, excluding those from Hong Kong and Macau.
The proposed regulation requires students and exchange visitors to apply for extensions of stay through U.S. Citizenship and Immigration Services (USCIS), including providing biometric information. This replaces the current process where institutions update immigration forms to extend program timelines. The rule also tightens academic flexibility by restricting students from changing majors or programs during their first year of study.
The DHS proposal further alters how unlawful presence is counted. Under the new rule, foreign nationals would begin accruing unlawful presence the day after their authorized stay ends, rather than only when formally found in violation of their status.
Officials argue the reform strengthens oversight and ensures better compliance, while critics warn that it could harm the appeal of U.S. institutions, particularly for PhD and multi-year academic programs that often exceed four years. Higher education leaders have voiced concerns that the changes may reduce international student enrollment and affect research output, as many universities rely heavily on foreign students for tuition and academic contributions.
The proposal revives an earlier Trump-era initiative that was withdrawn under the Biden administration. The DHS has opened a public comment period from August 28 to September 27, with a separate feedback window on data collection extending to October 27. Final decisions will depend on the comments received.
Education experts warn that the new policy could set back America’s position as a global hub for higher learning, while immigration analysts say the system will add bureaucratic hurdles for students, exchange visitors, and media professionals seeking to extend their stay in the country.