The US Department of Homeland Security (DHS) has proposed regulations to tighten the stay for international students, replacing the “duration of status” policy with fixed admission periods. This change would require international students and exchange visitors to periodically apply for extensions and undergo biometric screening.
Key Changes:
– Fixed Admission Periods: F-1 students would be admitted for up to four years, with a possible 30-day grace period to depart the US or apply for an extension or change of status.
– Restrictions on Program Changes: Undergraduate F-1 students would be barred from changing their program, major, or education level during their first year, except in rare cases. Graduate F-1 students would face even stricter limits, with no ability to change their program or field of study.
– Limitations on Pursuing Multiple Degrees: International students would not be allowed to start another program at the same or lower level while staying in F-1 status. For example, completing a bachelor’s degree would prevent students from pursuing another bachelor’s degree or an associate degree on the same F-1 visa.
– Work Authorization Gaps: The proposed regulation could lead to work authorization interruptions for students on Optional Practical Training (OPT) when their immigration status expires while extension applications are pending.
Implications:
– Increased bureaucratic burden and uncertainty for international students
– Potential disruption to academic plans and timelines
– Concerns about the impact on the US’s global competitiveness in attracting top talent
– Potential legal challenges and criticism from the academic and business communities
Effective Date and Comment Period:
The proposed regulation is expected to be published in the Federal Register, followed by a 30-day public comment period. The finalization of the rule may take several months, and its implementation could be subject to legal challenges
