The U.S. Department of Homeland Security (DHS) announced on Thursday, July 16th, the final rule changes to visa regulations. This marks one of the most significant reforms to the student visa, exchange visitor visa, and media visa systems in decades.
The new DHS rule will transition the “duration of stay allowed” for F student visas, J exchange visitor visas, and I media visas from the current D/S (Duration of Status) system to a fixed period of stay regulation. Under the D/S system, visa holders can stay in the U.S. as long as they comply with the terms of their visa category. However, DHS argues that this system has led to immigration fraud, allowing foreign students, exchange visitors, and media representatives to stay indefinitely in the U.S. without regular government oversight. For example, many foreign students evade departure by continuously enrolling in courses. Implementing fixed stay periods will address loopholes in the D/S system.
The groups affected by the new regulations include F-1 visa holders (academic students and their dependents); J-1 visa holders (exchange visitors, including researchers, scholars, physicians, exchange students, and other program participants and their dependents); I visa holders (foreign journalists and representatives of international media organizations).
The regulation will come into effect 60 days after its publication in the Federal Register, subject to congressional review. DHS will issue further notices if there are any changes to the effective date.
DHS stated that nonimmigrant visa holders residing in the U.S. under the previous D/S system will automatically transition to the new system, allowing them a maximum stay of up to four years from the effective date of the regulations.
Fixed Period of Stay:
For F student visa holders and J exchange visitors, the period of stay granted upon entry will be determined based on the specific program or exchange they are participating in, with a maximum limit of four years. This means individuals pursuing longer programs like doctoral degrees may need to apply for an extension with the U.S. Citizenship and Immigration Services (USCIS) before completing their studies.
Extension Applications:
Under the new rule, students, exchange visitors, and media representatives needing to extend their stay in the U.S. must submit an “extension application” to USCIS. Federal immigration officials will review these applications and may require biometric data collection or interviews as part of the review process.
Shortening of Departure Grace Period:
The new rule reduces the time for F-1 students to depart, transfer, or change status after graduation from 60 days to 30 days.
Academic Changes:
The rule imposes strict restrictions on changes to academic programs. F-1 students seeking to alter educational objectives or transfer to another SEVP-certified school must complete the first academic year at the initial institution listed on their I-20, unless exceptions are approved by SEVP.
Limitations on Media Visa Holders:
The new rule establishes new entry and extension procedures for foreign media personnel holding I visas. The maximum validity of I visas for foreign journalists will be 240 days, while visas for Chinese journalists visiting the U.S. will be limited to 90 days.
For more information on the new regulations, refer to the announcement by the Department of Homeland Security in the Federal Register.
Critics had previously warned that this proposal would bring additional costs, paperwork, and uncertainty to students and educational institutions. Zuzana C. Wootson, Deputy Director of Federal Policy at the Association of International Education and Immigration School Principals, cited by Newsweek, stated that international students, scholars, and exchange visitors contribute to American society economically, intellectually, and culturally. They deserve protection to ensure that their permitted stay aligns with their academic requirements.
“At a time when international student enrollments are declining, we should welcome the best and brightest students, not set up new barriers to limit opportunities and innovation,” said Wootson.
Markwayne Mullin, the Secretary of Homeland Security, stated, “For nearly half a century, the outdated D/S system has jeopardized national security and created an environment for fostering immigration fraud.”
“For decades, foreign students have been allowed to enter the U.S. indefinitely, with thousands bypassing departure by continuously enrolling in courses, abusing our immigration system. By implementing clear, limited durations for these visas, the U.S. is regaining the ability to properly screen, review, and monitor individuals within its borders. This final rule ensures that foreign students can focus on their primary goals: completing their studies and returning to their home countries.”
The Department of Homeland Security noted in the announcement that in 2024, it found around 77,000 F-1 students have stayed in the U.S. under student status for over 10 years since the implementation of the Student and Exchange Visitor Information System (SEVIS) in 2003. This includes individuals who registered for the same educational level up to 19 times and those who completed graduate programs and then re-registered for undergraduate programs, including associate degree programs.
(Some information referenced from reports by Newsweek.)