“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- The 2020 proposal was withdrawn after widespread backlash from the academic community.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.