New Rule to End “Forever Student” Visa Loophole for Foreign Nationals

The Department of Homeland Security has issued a final rule designed to curb perceived abuse of student, exchange visitor, and media representative visas, according to a recent announcement from the agency. This new regulation, which will take effect 60 days after its publication in the Federal Register, replaces the previous “duration of status” system with a fixed period of admission for these nonimmigrant visa holders. The aim is to enhance oversight, prevent immigration fraud, and bolster national security by ensuring more routine vetting of individuals present in the United States.

For decades, under the “duration of status” framework established in 1978, foreign students admitted on F visas and exchange visitors on J visas were permitted to remain in the U.S. for an indefinite period, contingent only on maintaining their academic enrollment. This system, the Department of Homeland Security stated, allowed some individuals to repeatedly enroll in academic programs as a means to extend their stay in the United States, circumventing typical immigration processes. The new rule introduces several key changes to address these concerns.

Under the finalized regulation, nonimmigrant students and exchange visitors will now be admitted for the duration of their specific academic program, with a maximum allowable stay not to exceed four years. This marks a significant departure from the previous indefinite admission policy. Foreign nationals requiring more time to complete their studies will need to formally apply for an Extension of Stay (EOS) through U.S. Citizenship and Immigration Services (USCIS). This shift is intended to transfer oversight responsibility from educational institutions back to federal authorities, subjecting applicants to biometric vetting, background checks, and fraud screenings.

Furthermore, the rule reduces the grace period for F-1 students following graduation from 60 days to 30 days. This shortened timeframe applies to students preparing for departure, transferring to a different educational institution, or seeking to change their visa status. The new regulation also imposes stricter limitations on academic program changes, aiming to ensure that individuals adhere to their originally approved course of study. Current nonimmigrant visa holders in the U.S. under the previous “duration of status” system will automatically transition to the new framework, with their authorized stay capped at four years from the effective date of the rule.

The Student and Exchange Visitor Program (SEVP), managed by U.S. Immigration and Customs Enforcement, serves as the liaison between the federal government and international students. SEVP oversees schools, students on F and M visas, and their dependents, utilizing the Student and Exchange Visitor Information System to monitor their activities within the U.S. education system.

Article by Mel Anara, based upon information from the U.S. Department of Homeland Security

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