The Trump administration announced a new regulation on Thursday that would place stricter limits on the length of time foreign students could remain in the country.
The new rule would allow students to stay for the duration of their educational program, with a maximum limit of four years. Students would need to apply for extensions to remain in the country beyond the allotted time.
The previous “duration of status” policy was based on the length of a foreign student’s educational program, rather than following a prescribed limit. Legal status was granted for the duration of a program and automatically included time for optional practical training (OPT), during which a foreign student could work in the U.S. for up to 3 years following the conclusion of formal education. In practice, the policy allowed students to remain in the U.S. indefinitely.
In a statement announcing the new rule, the Department of Homeland Security (DHS) noted that the former system, in place since 1978, allowed “forever students” to exploit U.S. immigration policy by repeatedly enrolling in educational programs to maintain their status.
The new rule addresses the potential for abuse by instituting the duration of status cap, requiring applications for Extension of Stay (EOS), reducing the time allowed for status changes following graduation, and placing limits on changes between academic programs. The rule would also place stricter limits on I visas for foreign media, reducing duration from five years to 240 days, and 90 days for Chinese citizens.
DHS Secretary Markwayne Mullin praised the new regulation, noting that it sets clear limits on the timeframe for foreign students to remain in the country and avoids potential abuse of the U.S. visa program.
“For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud,” Mullin said.
“For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home,” he added.
