Trump’s latest visa move puts an expiration date on studying in the US

DHS Finalizes Rule Capping Initial F-1 Student Visa Admission at Four Years

The Department of Homeland Security has issued a final rule that sets a four-year maximum on the initial period of admission for F-1 student visa holders. The change ends the prior practice under which students could remain in the United States for the full length of their academic program without a fixed expiration date on their admission record.

Under the rule, which takes effect September 15 after congressional review, any F-1 student whose program exceeds four years must apply for an extension of stay with DHS or depart and re-enter the country to obtain a new admission period. The same four-year cap applies to J exchange visitors and I foreign media representatives covered by the regulation.

The rule also restricts program changes. Students who complete a degree or other program may begin a new program at a higher academic level while remaining in F-1 status. They may not start another program at the same level or a lower level. As an example, a student who finishes a master’s degree may proceed to a doctoral program but may not enroll in a second master’s degree or a bachelor’s degree under the existing F-1 admission.

The period allowed for departure after program completion or after authorized post-completion practical training is reduced from 60 days to 30 days.

DHS stated that the changes address oversight difficulties created by growth in the international student population, instances of visa overstays, fraud, and national security considerations. Secretary of Homeland Security Markwayne Mullin said the rule restores the department’s capacity to screen, vet, and monitor individuals and ensures that foreign students focus on completing their studies before returning to their home countries.

The rule document indicates that DHS does not expect the new limits to create an undue burden on affected nonimmigrants. It notes that individuals who cannot finish their studies or activities within the initial admission period will generally be permitted to request an extension.

Fanta Aw, chief executive officer of NAFSA, an organization representing professionals in international education, said the policy arrives at a time of increasing global competition for talent and communicates that the United States is less predictable for international students and scholars.

The student-visa rule follows other administration actions on employment-based visas. Last year the government established a $100,000 filing fee for certain new H-1B petitions; that measure was later enjoined by a federal court and remains in litigation. In May, U.S. Citizenship and Immigration Services issued guidance indicating that some applicants previously eligible to adjust status to permanent residence while inside the United States might now be required to complete consular processing abroad.

The new regulation applies prospectively to admissions occurring on or after the effective date. Students already in the United States on F-1 status retain their current admission periods until those periods expire or until they apply for an extension or change of status.

DHS data cited in the rule show that the number of F-1 admissions has increased substantially over the past several decades. The department said fixed admission periods will allow more frequent review of individual cases and reduce the administrative challenges associated with open-ended duration-of-status admissions.

The rule preserves the ability of students to request extensions when additional time is needed to complete a program. It also maintains existing provisions for practical training, curricular practical training, and optional practical training, subject to the new departure timeline.

Implementation will require designated school officials to update records in the Student and Exchange Visitor Information System to reflect the new admission periods. Students whose programs are projected to last longer than four years will need to plan for an extension application or a departure and re-entry before the initial period ends.

The changes do not alter the underlying eligibility requirements for F-1 status or the criteria used by consular officers when adjudicating visa applications. They affect only the length of the initial admission period recorded by DHS at the port of entry.

Officials said the rule is intended to align admission periods more closely with typical program lengths while providing a mechanism for extensions when justified by academic progress.