US Tightens Stay Rules For Foreign Visa Holders

If the rules are finalised, the long-standing system of Duration of Status (D/S) for F, J, and I visas will be replaced with a fixed admission period, the grace period for students will be reduced and additional restrictions will be implemented.

At present, people who receive F (academic students), J (exchange visitor) and I (foreign media representative) visas are admitted for as long as they remain in the programme or assignment they are approved of.

The Duration of Status allowed students to stay in the US for the entire length of their education without having to re-apply to immigration authorities. Students under this system could also join in other courses and continue on their existing visa. Similarly, exchange visitors and journalists could remain in the United States for the full length of their assignments and activities without re-applying.

With the proposed changes, however, the flexibility would end. The F and J visa holders would be admitted for up to two years, and in some cases up to four years if they meet certain criteria and conditions set by DHS. Additionally, I-visa holders would be admitted for a maximum of 240 days only.

Once the period expires for F, J and I visa holders, they have to apply to US Citizenship and Immigration Services (USCIS) for an Extension of Stay (EOS) if they wish to continue their activities.

Another major hurdle for students is the limitation of transferring schools and programme switching. Currently, an F-1 student can transfer schools or colleges, or switch between course programmes with approval from their institute’s Designated School Official (DSO).

Under the new rules, students must complete at least one academic year at the institution before being eligible for transferring. Additionally, students are only allowed to move upward in education level, and will not be allowed for lower level education or same-level education.

For example, a student who has completed their education in masters of technology (M.Tech) cannot pursue any other graduate or postgraduate education, and can technically only pursue a PhD course. If they wish to pursue a graduate or postgraduate course, they have to re-apply for an F-1 visa.

Additionally, graduate-level students will not be allowed to change programmes mid-course, and language training students will have a strict 24-month cap on education. One of the biggest hurdles, however, is that the grace period for students to leave after their course completion is reduced from the previous 60 days to 30 days, leaving less time for students to prepare for departure or for further applications.

The J-1 exchange visitors, who participate in cultural, educational and professional exchange programmes, also face the stringent limitations of two to four years. DHS has also added another layer of bureaucracy to the process of extension of J visa. In addition to programme sponsors, the state department will adjudicate the stay extension as well. Additionally, admission could be capped to two years if the country of origin has high overstay rates.

Representatives of foreign media with an I visa, who are currently admitted for the length of their employment, would instead be given 240 days and will have the option to apply for further extensions.

DHS said that the new rules are necessary to strengthen national security and to prevent abuse of visa loopholes. Officials cited cases of students who have remained in the United States for decades under the D/S system, sometimes by repeatedly transferring schools or programmes. The government also points to fraud in the student visa system, including so-called “pay-to-stay” schemes run by sham schools.

The rules are published by DHS, but the proposal is open for public comment before DHS decides whether to issue a final rule. After 60 days of receiving public comments on the rules, DHS could publish the final rules and mark one of the most pivotal changes in US student and media visa policies.

Data for infographics

Comparison of the major changes for F, J and I visas