US scraps indefinite stay policy for student, journalist visa holders

The US government has introduced a regulation which ends indefinite stay for foreign students, exchange visitors and journalists, limiting the length of stay of foreigners within a maximum of four years.

The new rule was introduced Thursday by the Department of Homeland Security (DHS) in a statement, doing away with the “duration of status” regime under which those holding F, J and I visas could reside indefinitely in the US provided that they maintained the requirements of the program they are enrolled in.

As per DHS, the introduction of the regulation was intended to restore integrity to the immigration system of the US, curb visa abuses and increase the security of the nation through vetting process.

The department mentioned that the regulation brought student visa regime in the US at par with other non-immigrant visa regimes of the country.

“For nearly half a century, the outdated duration of status system has compromised national security and created an environment ripe for immigration fraud,” DHS Secretary, Markwayne Mullin, said in the statement.

“For decades, foreign students have been admitted into the U.S indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders,” Mullin added.

Under the new regulation, non-immigrant students on F visas and exchange visitors on J visas will now be admitted only for the length of their specific academic programme, up to a maximum of four years.

Students who need more time to complete their studies would be required to formally apply for an extension of stay directly with U.S Citizenship and Immigration Services (USCIS). The process, according to DHS, would subject applicants to biometric screening, background checks and fraud review, moving oversight from university officials back to federal authorities.

The rule also reduced the post-graduation grace period for F-1 students from 60 days to 30 days to either depart the U.S, transfer schools, or change visa status. In addition, strict limitations have been placed on academic programme changes.

DHS said current visa holders under the old “duration of status” system will automatically transition to the new framework, with their authorized stay capped at four years from the effective date of the rule.

The final rule will be published in the Federal Register in the coming days and will take effect 60 days after publication.

The Student and Exchange Visitor Program (SEVP), managed by U.S. Immigration and Customs Enforcement, will oversee implementation. SEVP tracks schools and international students in F and M visa categories through the Student and Exchange Visitor Information System.