Big Immigration news: The DHS just proposed a massive change to how F-1 and J-1 visas work.
Currently, students have "Duration of Status" (D/S) on their I-94 forms. This means they can stay as long as they maintain their student status and comply with visa terms.
The new proposal would cap this at 4 years maximum. After 4 years, students would need to apply for extensions to continue their studies.
Here's what this means practically:
PhD students typically take 5-7 years to complete their degrees. They'd now face mandatory extension applications mid-program.
Medical students and residents could be disrupted during critical training phases.
Students who need extra time due to research delays, illness, or other legitimate reasons would face additional bureaucratic hurdles.
DHS estimates 205,000 extension requests annually from F-1 holders alone, creating a massive administrative burden. The rationale? DHS cites oversight challenges and potential for fraud and abuse.
The proposal identified 2,100 student visa holders who entered the US between 2000 and 2010 who remain on F-1 status.
But here's the thing - international students are already the most monitored nonimmigrant population through the SEVIS database.
This proposal was tried in 2020, received 32,000+ public comments (mostly negative), and was withdrawn by the previous administration. Now its back.
The 30-day comment period starts August 28th when published in the Federal Register.
The rule isn't final yet, but the impact could reshape how international education works in the US.
By shortening visa validity, DHS’s proposal could disrupt the flow of international talent into U.S. graduate programs, OPT, and eventually H-1B/green card pathways.
Employers may face reduced access to skilled workers who traditionally transition from F-1 to long-term employment-based status.
p.s. - If you're exploring Visa/Greencards like the O-1, H-1B, EB-1, or EB-2 NIW, we help navigate these pathways at Alma. Feel free to get in touch!
