Since 1979, most international students studying in the United States on F-1 visas have been allowed to remain in the country for the duration of their academic program. That longstanding policy will soon end under a new U.S. Immigration and Customs Enforcement (ICE) rule that imposes fixed admission periods and requires many students to seek extensions to complete their studies.
Published July 17, the rule establishes a four-year limit for most F-1 students and exchange visitors, replacing the existing “duration of status” policy that permitted students to remain in the U.S. until they completed their academic program. The rule is scheduled to take effect Sept. 15.
ICE said the change is intended to strengthen oversight of foreign students. “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.,” said Secretary of Homeland Security Markwayne Mullin. “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.”
According to ICE, approximately 2,100 international students who entered the U.S. on F-1 visas between 2000 and 2010 remain in the country under F-1 status.
Higher education organizations and immigration experts, however, argue that a four-year limit does not align with the length of many academic programs. Most doctoral degrees take longer than four years to complete, and many undergraduate students also require more than four years to earn a bachelor’s degree. The rule also affects graduates participating in Optional Practical Training, a work program which often extends a student’s stay beyond four years.
Critics also warn that requiring students to apply for extensions could further strain U.S. Citizenship and Immigration Services (USCIS), which continues to face a significant application backlog, potentially creating delays in immigration processing.
Highlights of the Final Rule
According to the new rule, F-1 students and their dependents will generally be admitted for up to the length of the principal’s program, including any periods of post-completion practical training, not to exceed four years, plus a 30-day grace period, reduced from the previous 60-day grace period.
J-1 exchange visitors and their dependents will be admitted for up to the length of the principal’s program, not to exceed four years, plus a 30-day grace period.
F and J visa holders with valid employment authorization who timely apply for an extension of stay can benefit from an automatic extension of their employment authorization.
Under longstanding policy, F and J visa holders were only considered to begin accruing unlawful presence if USCIS or an immigration judge formally found that the individual had violated their status. Under the new rule, however, F and J visa holders will generally begin accruing unlawful presence as soon as their specified admission period expires, as is currently the case for other temporary immigration categories.
Check back here later today for more analysis from immigration attorneys and experts.
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