US Proposes Fixed Visa Terms For Students, Exchange Visitors, Foreign Media

The Trump Administration on Wednesday proposed a rule that, it would limit the length of time for certain visa holders – including foreign students, thereby curbing visa abuse and increasing the Department of Homeland Security’s ability to properly vet and oversee these individuals.

The proposed new regulations, if finalized, would replace the duration of status framework with fixed admission periods for non-immigrant academic students (F), exchange visitors (J), and representatives of foreign information media (I).

According to the notice of proposed rulemaking, the DHS aims to amend its regulations to ensure that F, J and I non-immigrants are admitted for a specific time period rather than indefinitely as long as they comply with the terms of their status.

The HPRM states that "non-immigrants who would like to stay in the United States beyond their fixed date of admission would need to apply directly to DHS for an extension of stay."

The Department noted that the increase in admissions has posed challenges. In 2023 alone, more than 1.6 million F-1 students, over 500,000 J exchange visitors, and 32,470 I visa holders were admitted to the United States.

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

Under President Trump’s proposed rule, the federal government would set the authorised admission and extension periods for foreign students and exchange visitors up to the duration of the program they are participating in, not to exceed a four-year period.

Key proposed changes include limiting admission and extension periods for F and J non-immigrants to a maximum of four years, reducing the grace period for F-1 students after completion of studies from 60 to 30 days, restricting graduate level F-1 students from changing programs mid-course and setting a 240-day cap for I visa holders, except for certain cased involving the People's Republic of China.

The rule would set the initial admission period for foreign media representatives at up to 240 days. Foreign media representatives would be eligible for an extension period of up to 240 days, but no longer than the length of the temporary activity or assignment.

Additionally, admitting foreign students, exchange, and foreign media classifications for a fixed period of time would require said aliens to for apply for authorisation to extend their stay with United States Citizenship and Immigration Services or USCIS, therefore requiring regular assessments by DHS for the alien to remain in the US for a longer period.

DHS said the changes would allow immigration officers to "periodically and directly assess whether non-immigrants are complying with the conditions of their classification and US immigration laws."