Washington: In a move that could significantly affect foreign students in the United States, the Department of Homeland Security (DHS) has ended the decades-old “duration of status” policy, replacing it with fixed visa validity periods for international students, exchange visitors and foreign journalists.
Event Context
“For decades, foreign students have been admitted into the US indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home,” DHS secretary Markwayne Mullin said.
Match Outlook
Under the new rule, foreign students and exchange visitors — including those already in the US — will be admitted only for the duration of their academic programme, subject to a maximum stay of four years. The rule, which also applies to J visas for exchange visitors and I visas for foreign media, is expected to take effect around September 15 after the mandatory congressional review period.
The Trump administration said the changes are intended to curb abuse of student visas by imposing finite periods of stay instead of allowing visa holders to remain in the US indefinitely.
Since 1978, students entering the US on F-category visas have been allowed to stay for an unspecified period under the “duration of status” framework, provided they maintained their non-immigrant student status. After completing their studies, they could also remain in the US for Optional Practical Training (OPT), after which they were given 60 days to leave the country, change visa status or enrol in another academic programme.
The new rule ends that system. Students seeking to remain in the US beyond four years will have to apply to the US Citizenship and Immigration Services (USCIS) for an extension. The grace period after completion of studies has also been halved to 30 days from 60 days for enrolling in a new educational programme, changing visa status or departing the US.
The regulations also tighten academic flexibility. Graduate students will no longer be allowed to transfer to another university or change their programme of study without seeking fresh authorisation.
“This rule will really impact students who take more than four years to complete their programme of study. For example, there were students who had to return home during the pandemic. Sometimes students fall ill, take a break and later resume their studies in the US. The earlier rules accommodated such situations. Now, any emergency could create major problems. It will also affect PhD students who may not complete their research within four years. Given that student visa appointments are already difficult to obtain, this could further worsen the situation,” said Mrinalini Batra, who heads International Education Exchange, an education consultancy.
Defending the policy, the Trump administration said the existing “duration of status” system had enabled misuse of student visas.
