US revives plan to set time limits on international students holding F-1 and J-1 visas

The US Department of Homeland Security (DHS) has submitted a proposed rule to the Office of Management and Budget (OMB) that could replace the current “duration of status” policy for international students and exchange visitors with a fixed period of stay. This move could significantly affect Indian students—the largest cohort of international students in the US in 2024, numbering over 4.2 lakh.

The OMB’s review is among the final steps before a proposed rule is published in the Federal Register. Typically, this is followed by a 30- or 60-day public comment period. However, experts are concerned that DHS could bypass this process and issue the regulation as an interim final rule, which would come into effect immediately.

Fixed Stay Could Bring Visa Uncertainty, Financial Burden

Currently, international students are allowed to remain in the US for as long as they maintain full-time enrollment in approved academic programs. This is known as “duration of status.” Under the proposed rule, they would instead be granted a visa with a fixed expiration date and required to apply for an extension if their stay exceeds that timeframe.

“Currently, international students can stay in the US as long as they are maintaining their full-time student status in approved programs. This is referred to as ‘duration of status’,” Rajiv Khanna, managing attorney at Immigration.com, told TOI's Lubna Kably.

“The Trump administration wants to change this to a predefined period of stay. With a fixed expiration date on their visa, international students would have to periodically apply for extensions. This will create additional unnecessary delays, financial burden and uncertainty for students.”

A similar regulation was proposed in 2020 under the Trump administration but was never finalised. The Biden administration formally withdrew it in 2021. However, in its November 7, 2024 edition, the revival of the rule was anticipated.

Concerns Over Overstay Rates and Legal Risks
One university representative said the exact duration of the proposed fixed stay will only be known once the rule is published. “Will students have to reapply for an extension each semester or each year? Student overstay is just a boogie, the total overstay rate for student and exchange visitors (J visa) was just 3.6% in 2023. The proposed move is not a solution, in fact the uncertainty surrounding each visa extension will not bode good for the international student community or the US educational sector,” the official told TOI.

Mitch Wexler, Senior Counsel at immigration law firm Fragomen, pointed to broader legal implications. “The proposed change from duration of status procedure would also result in a change to current policies relating to unlawful presence,” he said.

“Currently, international students accrue unlawful presence only after US Citizenship and Immigration Services (USCIS) makes a formal finding or an immigration judge orders the individual to be excluded, deported or removed. This could change and unlawful presence could accrue after the last date of their finite authorised stay, except in a narrow set of circumstances.”

Under US immigration law, unlawful presence of over 180 days or one year could trigger a re-entry bar of three or ten years.

In recent months, international students have already been dealing with the abrupt and reportedly unlawful termination of SEVIS records, in some cases accompanied by revocation of their F-1 visas. The proposed rule adds a new layer of uncertainty to their future in the US.