United States Plans Major Change to Student Visa Norms
Immigration experts have also warned that students may face higher visa costs, more paperwork and longer waiting periods because they would need to file extension requests directly with USCIS.
Hyderabad:The United States government’s proposal to remove the ‘duration of status (D/S)’ for F-1 and J-1 holders, along with other major changes is under review at the White House’s Office of Management and Budget (OMB). The proposal, published in the Federal Register, would replace the current D/S system for F-1 and J-1 visa holders with a fixed period of stay.
Under the current system, if a student’s course takes longer than expected because of research work, a change in thesis topic, health issues, or academic delays, universities can usually extend the student’s I-20 internally without the student having to file a separate immigration request with the US government.
Students also receive a 60-day grace period after graduation to either leave the country, transfer to another course, or apply for work opportunities such as Optional Practical Training (OPT). US Citizenship and Immigration Services (USCIS) has alleged that F-1 and J-1 visa holders exploited the transferring to another course rule, and continued to stay in the US by joining courses after the completion of the current course.
The proposal, made by the department of homeland security (DHS) would end the D/S system, and replace it with a fixed period of admission. Under the proposal, most F-1 and J-1 visa holders would be allowed to stay in the US until the end date of their academic programme or for a maximum of four years, whichever is shorter.
After that, students would need to formally apply to USCIS for an extension of stay if they wish to continue studying. Else, they must return to their home country and apply for a new visa.
The proposal would also reduce the grace period for F-1 students after graduation from 60 days to 30 days. In addition, stricter rules could stop graduate students from changing majors or moving to another programme during their studies.
India is one of the largest sources of international students in the United States. Many Indian students pursue master’s and doctoral programmes that often take more than four years to complete, especially in science, technology, engineering and medical research fields. Experts say the proposed rules could create uncertainty and increase financial and legal pressure on students.
Immigration experts have also warned that students may face higher visa costs, more paperwork and longer waiting periods because they would need to file extension requests directly with USCIS.
“Generally, proposals sent to the OMB have been successfully passed fairly quickly since the Trump administration came in, so there are chances that this could also be passed. If a student stays beyond the approved period without an extension, they could immediately begin accruing unlawful presence” said Dinesh M., an immigration consultant.
He also said that the move can make the US a less attractive destination for foreign students compared to countries such as Canada, the UK and Australia.
