Trump's new visa rule targets international students: 10 things to know
In yet another policy jolt for international students, the Trump administration is moving to end their open-ended stay rights in the US. A new Department of Homeland Security rule proposes fixed visa durations instead of allowing students to remain as long as they are enrolled – a change that could disrupt study plans for hundreds of thousands, especially Indians.
1. What is being proposed?
The DHS wants to replace the current
system with fixed periods of stay, forcing international students to keep reapplying to maintain legal status.
2. Who is reviewing it now?
The proposed rule is under review at the Office of Management and Budget (OMB), a final step before it is published for implementation.
3. How does the current system work?Under
, students can remain in the US indefinitely as long as they continue their full-time studies in approved programs.
4. Why are experts alarmed?Immigration lawyers say forcing students to seek frequent extensions will create delays, higher costs, and visa uncertainty, undermining the attractiveness of US universities.
5. Can it bypass public comments?
Yes. Officials fear it could be issued as an
, making it effective immediately without a comment period.
6. Has this policy surfaced before?
The Trump administration had proposed a similar change in 2020, but it was never finalised. Analysts predicted it would return under his second term.
7. What does it mean for Indian students?
With over 420,000 Indian students in the US last year, the policy could hit them hardest, forcing expensive and risky visa extension filings mid-course.
8. Is student overstay a real problem?
No. The student and exchange visitor overstay rate was just 3.6% in 2023, raising questions about the need for stricter rules.
9. Could this trigger re-entry bans?
Potentially. Currently, students accrue unlawful presence only after USCIS or an immigration judge’s decision. Under the new rule, they could accrue it immediately after their authorised stay ends, risking 3- or 10-year re-entry bans.
10. What happens next?
Once OMB finishes its review, the rule will be published in the Federal Register. Only then will students know the exact fixed durations and extension requirements – but universities warn it could destabilise America’s entire international education pipeline.
1. What is being proposed?
The DHS wants to replace the current
system with fixed periods of stay, forcing international students to keep reapplying to maintain legal status.
2. Who is reviewing it now?
The proposed rule is under review at the Office of Management and Budget (OMB), a final step before it is published for implementation.
3. How does the current system work?Under
, students can remain in the US indefinitely as long as they continue their full-time studies in approved programs.
4. Why are experts alarmed?Immigration lawyers say forcing students to seek frequent extensions will create delays, higher costs, and visa uncertainty, undermining the attractiveness of US universities.
5. Can it bypass public comments?
Yes. Officials fear it could be issued as an
, making it effective immediately without a comment period.
6. Has this policy surfaced before?
The Trump administration had proposed a similar change in 2020, but it was never finalised. Analysts predicted it would return under his second term.
7. What does it mean for Indian students?
8. Is student overstay a real problem?
No. The student and exchange visitor overstay rate was just 3.6% in 2023, raising questions about the need for stricter rules.
9. Could this trigger re-entry bans?
Potentially. Currently, students accrue unlawful presence only after USCIS or an immigration judge’s decision. Under the new rule, they could accrue it immediately after their authorised stay ends, risking 3- or 10-year re-entry bans.
10. What happens next?
Once OMB finishes its review, the rule will be published in the Federal Register. Only then will students know the exact fixed durations and extension requirements – but universities warn it could destabilise America’s entire international education pipeline.
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