A Department of Homeland Security rule proposal that would limit how long international students could remain in the United States has cleared a final White House review, a move that could lead to huge changes to the visa applications for international students.
The regulation would replace the current practice under which F-1 and J-1 visa holders are authorized to remain for the full length of an academic program with fixed-term limits that could require renewals while students remained enrolled, creating potential procedural disruptions for campuses and visa applicants, according to Bloomberg Law.
Newsweek reached out to the Department of Homeland Security for comment.
Why it Matters
Higher education institutions and advocates have argued that limiting authorized duration would require students to reapply for status mid-program, potentially introducing processing delays, gaps in lawful status, and interruptions to work authorization tied to study.
Advocates and university leaders previously told Newsweek that tightened student visa rules and other immigration changes have already prompted some prospective international students to choose institutions outside the United States, a trend that analysts said could reduce enrollment and revenue for U.S. colleges.
NAFSA: Association of International Educators projects new international enrollment in the U.S. could fall 30 to 40 percent this fall, a potential $7 billion hit to the economy. With many foreign students paying full tuition, the drop could deal a sharp blow to college finances.
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What To Know
F-1 student and J-1 exchange visitor visa holders are allowed under current regulations to stay in the U.S. for the duration of an academic program or internship.
If finalized, the new regulation would restrict their legal status to a fixed period of time before they are required to apply for renewal, potentially before the completion of their studies.
The Department of Homeland Security submitted the rulemaking package (RIN: 1653-AA95) to the White House Office of Information and Regulatory Affairs (OIRA) on June 27, which completed its review the following week.
The proposal would limit how long F-1 and J-1 visa holders could remain authorized without seeking a renewal, replacing the current program length authorization, marking a major departure from decades of practice that allowed enrollment-tied stays.
A prior version of the idea under the Trump administration sought two- or four-year limits by field of study and drew sharp criticism from educational groups for creating needless disruption to academic programs. That proposed rule was subsequently withdrawn by the Biden administration.
The rule change will now be publicized in the Federal Register following OIRA clearance, which would trigger a public comment period before any final rule could be issued.
A separate DHS proposal to change how H-1B visas are allocated also cleared White House review. That rule change would see the current random lottery for H-1B visas replaced with a “weighted selection process” that gives priority to registrants who meet or exceed certain criteria, such as wage or education level.
The Trump administration has earlier taken steps that unsettled many international students, including the temporary revocation and later partial restoration of legal status for thousands of students and enhanced scrutiny of visa applicants’ social media, moves that courts and advocates challenged.
What People Are Saying
Mike Henniger, CEO of Illume Student Advisory Services, told the Associated Press about international students bypassing American universities: “The American brand has taken a massive hit, and the U.K. is the one that is benefiting.”
What Happens Next
The proposal will be published in the Federal Register next, which would open a formal public comment period and begin a multi‑step process before any final rule could take effect.