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“U.S. Proposes Fixed-Term Student Visas Again”

“U.S. Proposes Fixed-Term Student Visas Again”

“U.S. Proposes Fixed-Term Student Visas Again”

The U.S. Department of Homeland Security (DHS) has signaled plans again to replace the flexible “duration of status” system for F-1 student visas with a fixed-term limit.

This move is a revival of a controversial 2020 proposal under the Trump administration.

📌 What’s Being Proposed?

  • F-1 student visas could be limited to:
    • 4 years maximum for most students
    • 2 years for students from:
      • Certain countries (e.g., Iran, North Korea, Sudan, Syria)
      • Countries with high visa overstay rates (many in Africa and Asia, including Nigeria, Vietnam, and Nepal)
      • Students in Intensive English-language Programs (IEPs)
  • After the fixed term ends, students would need to apply for an extension or a new visa to continue.

🔄 How is it Different from the Current System?

  • The current “duration of status” lets international students stay in the U.S. as long as they maintain their visa conditions and remain enrolled.
  • The new rule would introduce expiration dates even if students are still completing their programs.

🚨 Concerns Raised

  • The 2020 proposal was withdrawn after widespread backlash from the academic community.
  • Critics say the fixed term:
    • Creates uncertainty for students
    • Is misaligned with academic timelines
    • Makes the U.S. less attractive compared to countries like Canada, the UK, and Australia
    • Could discourage talented international students from choosing the U.S.

📅 Current Status (As of July 2025)

  • The proposal is at the “notice of proposed rulemaking” stage.
  • It will undergo:
    • A public comment period
    • Review by the Office of Management and Budget (OMB)
    • Publication as a final rule (with a future effective date)

🎓 What This Means for Students

  • No immediate changes yet, but students should:
    • Stay informed during the public review process
    • Prepare for possible visa renewal procedures
    • Consider potential impacts on study planning and post-study opportunities

🕒 Example to Understand

🧑‍🎓 Example for a Master’s Student

Current System (Flexible time):

A student gets admission to a 2-year Master’s degree in the U.S.

  • They receive an F-1 visa.
  • If the program takes extra time (e.g., 2.5 or 3 years due to research or medical reasons), the student can stay in the U.S. legally as long as they’re enrolled and following visa rules.
  • No need to renew the visa.

⚠️ New Proposed Rule (Fixed time):

Same student gets a 2-year visa only.

  • If the program gets delayed or extended, the student must apply for a visa extension.
  • If the extension is denied or delayed, they may have to leave the U.S. before finishing their degree.

🎓 Example for a Bachelor’s Student

Current System (Flexible time):

A student starts a 4-year undergraduate (Bachelor’s) degree.

  • They can stay for all 4 years or longer (e.g., 4.5 years if they repeat a semester), as long as they follow visa rules.

⚠️ New Proposed Rule (Fixed time):

The student gets a 4-year visa maximum.

  • If they fail a course, switch majors, or take a semester break, they might not finish in time.
  • They will then need to apply for a visa extension or go home and reapply to complete the degree.

If they are from a country listed for 2-year visas, they would have to renew their visa halfway through their Bachelor’s program.

🔗 Link Between Fixed-Term Visas & OPT (PSW)

In the U.S., PSW = OPT (Optional Practical Training)

  • After finishing your degree, F-1 visa holders can apply for OPT, which allows you to work in the U.S. for up to 12 months.
  • If you studied a STEM program (like IT, engineering, sciences), you can apply for a 24-month extension, giving you up to 3 years of PSW.

How the New Visa Rule Might Affect PSW

Currently:

  • As long as your SEVIS record (student status) is active and your studies are completed, you can apply for OPT directly after graduation.
  • Your stay is legal under the “duration of status” rule—even while waiting for OPT approval.

⚠️ Under the Proposed Rule:

  • If your student visa has a fixed expiry date, and your studies or OPT application are delayed:
    • You might need to apply for a visa extension before applying for OPT.
    • If your visa expires before your OPT begins, you could face delays or legal uncertainty.
  • More paperwork and stress for international students planning to work after study.

📌 Example:

A student finishes a Master’s degree and wants to apply for 1-year OPT.

  • Current system: They’re safe. Even if graduation or OPT processing is delayed, they can stay legally until everything is approved.
  • New system: If their visa already expired (e.g., it was only for 2 years), they’ll have to renew or extend the visa before applying for OPT.

💡 Final Note

  • The proposed rule doesn’t cancel OPT or PSW, but it could make the process more complicated and uncertain.
  • Universities and international student offices are expected to help students through this if the rule is passed.

✅ What’s Good?

  • This rule is just a proposal, not a final law yet.
  • The government will ask for public comments, and the rule can still be changed or stopped.

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