The Trump administration is working on a new rule that could significantly impact international students in the United States. The new rule aims to eliminate the longstanding policy of admitting international students for the duration of their visa, replacing it with a ‘Fixed Time Period of Admission’ and an Extension of Stay Procedure.
The Current Rule vs. The New Proposal
Right now, foreigners in the F, J, and I non-immigrant classifications, which include international students, exchange visitors, and representatives of foreign information media, are admitted to the US for the ‘duration of status’. This means they may remain in the United States as long as they maintain their nonimmigrant student status and meet specific conditions.
The U.S. Department of Homeland Security (DHS) wants to change this. The new rule would replace ‘duration of status’ with a ‘date-limited authorized period of stay’ — meaning students would be allowed to stay only for a clearly defined, fixed period of time.
Why the Change?
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. According to DHS, it would also improve the Department’s efforts to reduce overstays and address fraud and national security concerns.
Danielle Goldman, co-founder and CEO of Build (formerly Build Fellowship), explains the impact specifically on students with a Master’s degree. “Day 1 CPT programs have become one of the most common tools for international students who lose the H-1B lottery to maintain their status and work in the U.S. It has allowed individuals who graduate from U.S. schools with a BA or MA degree to go back to school for another degree that enables them to work on “Day 1” for their full-time employer.
The new Duration of Status Rule does not eliminate CPT, but it will restrict foreign nationals who already have a Master’s degree from participating in Day-1 CPT programs, prohibiting second enrollments at the same degree level. This will impact thousands of students and the companies that employ them.
Students and employers will need to consider alternatives. The O-1 visa is a solution for students who were able to build exceptional track records during their studies, while cap-exempt H-1B programs offer employer-sponsored routes outside the annual lottery,” says Goldman.
What Happens If a Student Needs More Time?
Not much to worry about. DHS anticipates that many F, J, and I nonimmigrants would be able to complete their activities within their period of admission. However, those who could not complete their studies or programs in time would generally be able to request an extension from an immigration officer.
DHS believes this process would help to mitigate risks posed by foreigners who seek to exploit these programs and live in the United States on a non-temporary basis outside their validity period.
Additional Changes
The requirements for F and J nonimmigrants seeking admission, including after travel abroad and those approved for OPT (Optional Practical Training) and academic training, will also be set by the Department under the new rule.
Importantly, it is also proposed to decrease the allowed period for F-1 nonimmigrants to prepare to depart from the United States after completion of a course of study or authorized period of post-completion practical training, cutting it from 60 to 30 days.
What About Students Already in the US?
There will be students already in the US who could be impacted once the new rule takes effect. DHS proposes to generally allow all F and J nonimmigrants present in the United States on the final rule’s effective date — who are validly maintaining their status and were admitted for D/S — to remain in the US in F or J status without filing an Extension of Stay request.
They can stay up to the program end date shown on their Form I-20 or DS-2019 that is valid on the final rule’s effective date, for a period not to exceed 4 years from the effective date, plus an additional 60 days for F nonimmigrants and 30 days for J nonimmigrants to depart the country.
What Happens After the Rule Is Approved?
If the new rule gets approved, all F, J, and I nonimmigrants who wish to remain in the United States beyond their specifically authorized admission period will have two options: apply for an extension of stay directly with USCIS, or depart the country and apply for re-admission with CBP at a port of entry (POE).
Where Does the Rule Stand Now?
The Department of Homeland Security has submitted 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’ to the Office of Management and Budget (OMB). The rule is currently pending review by the White House, and final approval is expected anytime soon.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The rules and proposals mentioned are subject to change pending final approval by the relevant government authorities. Readers are advised to consult a qualified immigration attorney or official government sources for the most up-to-date and accurate information regarding their specific situation. The publisher is not responsible for any actions taken based on the information provided in this article.