E-Paper
Trump administration to put time limit on student visas, will it affect Indians?
The Trump administration's new rule is aimed at scrapping the flexible 'duration of status' policy and replacing it with ‘fixed periods of stay’ for some visas.
The Donald Trump administration is considering making key changes to its student visa policy, which can directly affect lakhs of Indian students in the time to come. Proposed by the Department of Homeland Security (DHS), the rule is aimed at scrapping the flexible 'duration of status' policy and replacing it with ‘fixed periods of stay’ for F, J, and I visas. This would subject students, exchange visitors and foreign media representatives to a fixed period of stay in the country.
The latest move is currently under final review by the Office of Management and Budget (OMB), The Times of India reported.
Expiry dates for visas
If implemented, the rule will remove the long-standing “duration of status” policy. This helped students to stay in the US as long as they were enrolled in academic programs for full-time programmes.
With the new change, visas under specific categories will carry fixed expiration dates. It means that students will be required to apply for an extension when their programs last longer than the approval period, according to The Times of India.
This is not the first time that Trump has proposed this change in US visa policy. In 2020, a similar rule to do away with ‘duration of status’ was proposed during his maiden term in the White House, but it was not finalised.
The rule is now under OMB scrutiny, one of the final stages before it gets published in the Federal Register.
Although federal rules invite public comments in a 30 to 60-day window before getting finalized, education experts worry that the new decision might get issued as an “interim final rule,” thus bypassing input from the general public.
At present, international students are allowed to stay in the US "as long as they are maintaining their full-time student status in approved programs," Rajiv S. Khanna, managing attorney at Immigration.com, told the news outlet.
The Trump administration now wants to change ‘duration of status’ to a pre-defined period of stay. International students will have to periodically apply for extensions, since their visa could have a fixed expiration date.
Khanna suggests that the move will create "additional unnecessary delays, financial burden and uncertainty for students.”
The shift will affect Indian students, who were among the largest group of international students last year, numbering 4.2 lakh.
FAQs
1. Who will be affected by the 'fixed periods of stay' rule?
Once implemented, it will impact F, J, and I visa categories, which largely cover students, exchange visitors, and foreign media professionals.
2. What will be the time limits under the new rule?
Reports suggest that the specific time limits will be clear after it is published in the Federal Register.
3. Why does this new rule matter?
Mitch Wexler, Senior Counsel at Fragomen, said if an individual is unlawfully present in the US for more than 180 days or 365 days, it triggers a three or 10-year bar under US laws.
