US Introduces New Rule Limiting Stay Duration for F, J, and I Visa Holders

The US Department of Homeland Security (DHS) is considering a significant shift in visa regulations. This proposed change aims to limit the stay of foreign students, exchange visitors, and media representatives. If approved, these new rules would require visa holders to apply for extensions rather than enjoy indefinite stays.

Current Situation

At present, holders of F, J, and I visas can stay in the US for the duration of their programs, training, or assignments, plus a brief grace period. Universities and exchange programs facilitate this process through updated forms like the I-20 or DS-2019. This current system allows students and visitors to complete their activities without direct applications for extensions.

Proposed Changes

The new regulations would impose specific limits on stays. For instance, F-1 students could remain for up to four years, which includes optional practical training, followed by a shorter 30-day grace period. English language program participants would be restricted to a maximum of 24 months, while public high school students could stay for only 12 months.

J-1 exchange visitors would have a four-year cap, and media workers on I visas would be restricted to 240 days, with those holding Chinese passports limited to just 90 days.

Stricter Academic Regulations

The new proposal also tightens the rules governing academic choices. Undergraduate students would face restrictions on changing majors during their first year, except in special circumstances. Similarly, graduate students would be barred from altering their program or educational level.

Additionally, traveling while an extension request is pending could jeopardize their status, adding further limitations on mobility.

Consequences of Overstays

This new rule would also change how unlawful presence is determined. Currently, F, J, and I visa holders only accumulate unlawful presence if authorities identify a violation. However, under the proposed regulations, unlawful presence would begin as soon as the fixed admission period ends.

Any overstays could result in re-entry bans lasting three to ten years, posing significant risks for students who fall out of status.

Shift in Extension Approval Process

USCIS officers would no longer be required to consider previous approvals when reviewing extension applications. This change could lead to increased denials, requests for additional evidence, and heightened scrutiny—even for applicants who have previously received extensions without issue. This uncertainty could discourage students from reapplying and complicate their planning.

Implications for Students and Institutions

If enacted, these new regulations would introduce additional paperwork, costs, and delays for both students and universities. Academic institutions may find themselves burdened with increased administrative tasks, while students could face uncertainty in completing their programs.

The DHS has initiated a 30-day public comment period, and this proposal is likely to ignite discussions within higher education and international mobility sectors.

Conclusion

The proposed changes to F, J, and I visa regulations could reshape the landscape for international students and visitors in the US. While the intention behind these regulations may be to streamline the process, they could also create challenges that affect both students and educational institutions.

Stakeholders are encouraged to engage in the public comment period to voice their concerns and shape the outcome of these significant changes.