The United States is planning to implement fixed-term F-1 and J-1 visas in order to replace the current “duration of status” law, which allows overseas students to stay for an unlimited amount of time.
International students are currently allowed to stay in the US as long as they remain registered in their course. The proposed rule would enforce a rigid expiration date irrespective of the duration of the program, compelling some students to renew their visas in the middle of their studies.
The Department of Homeland Security approved the proposal via White House review. It is scheduled to proceed for a public comment phase before being put into effect.
With almost 420,000 enrolling in 2024, Indian students make up the largest overseas population at US universities. Many people seek multi-year programs including long-term research, master’s degrees, and doctoral degrees.
There is a chance that a fixed-term regulation might interfere with these deadlines and cause the visa to expire in the middle of the semester.
The Office of Management and Budget’s (OMB) evaluation concluded “consistent with change,” as per the notice. However, it doesn’t elaborate regarding what the modification was. The second proposed regulation will now be made public for comment after DHS publishes it in the Federal Register.
After this time frame, the proposals will be presented for a second OMB review before being finalized and implemented. The proposals have the same title as Trump’s 2020 proposal, which Biden later withdrew.
According to the 2020 plans, student visas would only be valid for a set amount of time—two or four years, based on the student’s place of origin, Moreover, students who wish to stay in the US for a longer period would need to petition for an extension.
Speaking to PIE, Aaron Blumberg, partner at Fragomen Immigration lawyers, said: “Studies show that the average time to complete a degree – whether for domestic or international students – exceeds four years, meaning that the majority of students (and probably every doctorate student) would need to file an extension of status in order to complete their studies.”
He further stated that it can be difficult for a 20-year-old to navigate such a process while studying abroad.
Also Read: EB-5 visa program: USCIS set to reveal investment rules for green card applicants, check details here
Here’s how new proposal could impact Indian students
In addition to seeking the work visa, those who do graduate within four years would need to submit an application for an extension of status in a bid to take part in Optional Practical Training (OPT).
Other than the possibility of administrative errors, Blumberg noted that the process might be tedious and entail extra legal and government costs.
The fixed-term method could interfere with long-term research endeavors, especially with STEM programs that frequently need for prolonged study periods.
Universities and program sponsors are expected to need to update their guidelines and support structures to assist students in navigating the new deadlines and renewal requirements.
Stakeholders express worries
Concerns have been expressed by stakeholders that the changes may put a great deal of strain on USCIS officers and result in longer processing periods. Projections for 2020 indicate that the new policy will result in an additional 300,000 extension petitions annually.
Massive drop in students enrollment this fall
Several travel bans, modifications to the expiration period of nonimmigrant visas for 26 countries, and the State Department’s nearly month-long suspension of visa interviews on visa issuance have resulted in a potential 30–40% drop in new international student enrollment this fall, according to analysis of SEVIS and State Department data.
