Representative image / File photo
The White House has cleared a DHS rule that would replace the long-standing “Duration of Status” system for foreign students with fixed admission periods.
The White House Office of Management and Budget (OMB) this week completed its review of the final rule, 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.” The clearance is the final step before the regulation is published in the Federal Register and formally takes effect.
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The rule would replace the current “Duration of Status” (D/S) policy for F-1 students, J-1 exchange visitors and I visa holders with a date-specific period of authorized stay. Under the existing system, international students may remain in the United States as long as they maintain their immigration status and comply with visa requirements, without a fixed expiration date on their Form I-94 arrival record.
Under the DHS proposal, most F and J visa holders would be admitted for the length of their academic or exchange program, up to a maximum of four years. Students whose studies extend beyond that period would be required to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of stay.
The change is particularly significant for Indian students, who make up one of the largest international student populations in the United States. Students enrolled in doctoral, medical, research and other long-duration academic programs could face additional immigration procedures if their studies exceed the authorized admission period.
In the rule’s abstract, DHS said the measure 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 department said the change would “improve the Department’s efforts to reduce overstay rates and address fraud and national security concerns,” while providing greater clarity regarding how long foreign students, exchange visitors and foreign media representatives may remain in the country.
Beyond establishing fixed admission periods, the regulation includes several other changes affecting student visa holders. The proposal would reduce the grace period available to F-1 students after completing their studies or post-completion practical training from 60 days to 30 days, require biometric information as part of extension-of-stay applications, and limit language-training students to an aggregate stay of 24 months.
The rule would also tighten restrictions on academic transitions. Graduate students in F-1 status could be prohibited from changing programs during their course of study, while students completing one educational level would generally be permitted to continue only at a higher educational level. The proposal would also restrict students from moving to the same or a lower academic level while remaining in F-1 status.
The proposal revives an effort first introduced during President Donald Trump’s first term and now advanced under his current administration. Universities, medical organizations and higher education groups previously opposed the measure, arguing that fixed admission periods could create additional administrative burdens and complicate students’ ability to complete long-term academic programs.
The rule was submitted to OMB for review on May 5 and cleared this week. Once published in the Federal Register, it is expected to take effect within 30 to 60 days, although the administration has not yet announced a final implementation date.
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