US visa rule changes for foreign students: How new DHS proposal could impact F, J and I visa holders

The US Department of Homeland Security (DHS) announced on Wednesday that it has put forward new immigration rules that would end the current “duration of status” system and introduce fixed admission periods for nonimmigrant academic students (F), exchange visitors (J), and foreign information media representatives (I).

According to a notice of proposed rulemaking (NPRM) issued by US Immigration and Customs Enforcement (ICE), the DHS is seeking to amend its regulations so that F, J and I nonimmigrant visa holders are admitted for a fixed period of stay rather than an indefinite duration tied only to their status compliance.

Under the proposal, individuals who wish to remain in the United States beyond their authorised date of admission would be required to apply directly to DHS for an extension of stay.

Key Proposed Changes

Limiting admission and extension periods for F (full-time students) and J (exchange visitor) nonimmigrants to a maximum of four years.
Reducing the grace period for students holding F-1 visa after they complete their studies to 30 days, down from the current 60 days.

Restricting graduate-level F-1 students from switching programmes mid-course, and setting a 240-day cap for I (foreign media) visa holders, barring certain cases involving the People’s Republic of China.

DHS said the changes would allow immigration officers to “periodically and directly assess whether nonimmigrants are complying with the conditions of their classifications and US immigration laws,” reported ANI.

What led to these changes?

The suggested changes are in direct response to the Trump administration’s concerns about oversight and national security. DHS explained that the existing “duration of status” system, which permits nonimmigrants to remain in the US without a fixed end date, limits immigration officers’ ability to routinely verify whether individuals are complying with the terms of their visa, the news report said.

The department also stated that an increase in admissions has posed challenges in keeping track of immigrants.

In 2023 alone, more than 1.6 million F-1 students, over 500,000 J exchange visitors, and 32,470 I visa holders entered the United States.

DHS further said the proposed framework would align F, J, and I visa holders with most other nonimmigrant classifications, which already operate under fixed admission periods. It added that “greater oversight would deter fraud and abuse and strengthen the integrity of these nonimmigrant classifications,”