White House clears new DHS rule limiting status of foreign students in the US that several medical organisations and college groups have opposed
The White House has completed review of a rule that will limit the status of foreign students in the US. The proposed rule released by the Department of Homeland Security (DHS) in 2025 called for replacing the current open-ended admission of those students -— known as duration of status -- with a fixed four-year period of admission. Once the rule is cleared, students would have to renew their status with DHS after that window gets over. The regulation is expected to replace the current “duration of status” (D/S) policy for F (foreign students), J (exchange visitors), and I (representatives of foreign information media) visa holders with a policy that would set a finite expiration date for their authorized periods of stay.
The Office of Management and Budget (OMB) cleared the final rule (RIN: 1653-AA95) this week. It is said to be the last step before the rule's public release. The DHS proposal renewed an effort from the first Trump administration that was reportedly opposed by medical organizations and college groups across the US, who said that it would disrupt students’ completion of degrees with unnecessary administrative hurdles.
What is the new DHS rule likely to become law
The rule is titled: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media. According to its abstract, the rule seeks to: "This rule would eliminate the Duration of Status admission for F, J, and I nonimmigrant categories and replace it with a date-limited authorized period of stay when entering the United States. The fixed date would eliminate confusion over how long foreign students, exchange students and representatives of foreign information media may stay in the United States. It would also improve the Department’s efforts to reduce overstay rates and address fraud and national security concerns."
What the change in rules may mean for international students
Currently, nonimmigrant students visiting the United States on D/S visas do not have a fixed end date, on which their authorized period of stay terminates, printed on the Form I-94, Arrival/Departure Record. Instead, these nonimmigrants are allowed to remain in the United States for as long as they maintain the conditions of their immigration status.
According to CIS website, the US Department of Homeland Security has proposed, in addition to other substantive, technical, and clarifying amendments, to:
* Provide for a fixed time period of authorized stay for F, J, and I nonimmigrants and provide procedures specific to the transition from D/S;
* Set the authorized admission and extension periods for F and J nonimmigrants to the program length, not to exceed a four-year period;
* Prohibit F-1 nonimmigrants enrolled in graduate education programs from changing programs at any point during a program of study;
* Outline procedures and requirements for F-1 nonimmigrants who change educational objectives while in F-1 status and require any nonimmigrant who has completed a program at one educational level to only be allowed to begin another program at a higher educational level while in F-1 status and prohibiting a change to the same or a lower educational level while in F-1 status;
The Office of Management and Budget (OMB) cleared the final rule (RIN: 1653-AA95) this week. It is said to be the last step before the rule's public release. The DHS proposal renewed an effort from the first Trump administration that was reportedly opposed by medical organizations and college groups across the US, who said that it would disrupt students’ completion of degrees with unnecessary administrative hurdles.
What is the new DHS rule likely to become law
The rule is titled: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media. According to its abstract, the rule seeks to: "This rule would eliminate the Duration of Status admission for F, J, and I nonimmigrant categories and replace it with a date-limited authorized period of stay when entering the United States. The fixed date would eliminate confusion over how long foreign students, exchange students and representatives of foreign information media may stay in the United States. It would also improve the Department’s efforts to reduce overstay rates and address fraud and national security concerns."
What the change in rules may mean for international students
Currently, nonimmigrant students visiting the United States on D/S visas do not have a fixed end date, on which their authorized period of stay terminates, printed on the Form I-94, Arrival/Departure Record. Instead, these nonimmigrants are allowed to remain in the United States for as long as they maintain the conditions of their immigration status.
According to CIS website, the US Department of Homeland Security has proposed, in addition to other substantive, technical, and clarifying amendments, to:
* Provide for a fixed time period of authorized stay for F, J, and I nonimmigrants and provide procedures specific to the transition from D/S;
* Set the authorized admission and extension periods for F and J nonimmigrants to the program length, not to exceed a four-year period;
* Prohibit F-1 nonimmigrants enrolled in graduate education programs from changing programs at any point during a program of study;
* Outline procedures and requirements for F-1 nonimmigrants who change educational objectives while in F-1 status and require any nonimmigrant who has completed a program at one educational level to only be allowed to begin another program at a higher educational level while in F-1 status and prohibiting a change to the same or a lower educational level while in F-1 status;
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