Duration-of-Status Rule Prompts Opposition From Commenters

"The measure would alter the long-standing policy known as duration of status, which allows international students to stay in the U.S. until their course of study is complete. Among other concerns, commenters argued that the rule would unnecessarily restrict international students, who are already closely monitored by the government and their institutions of study. Many commenters also drew attention to the potential consequences for the health-care system and employers."

"The proposed rule would instead cap the amount of time students could stay in the U.S. to just four years, though they would be able to request an extension from U.S. Citizenship and Immigration Services. It would also prevent international students from changing their majors or transferring between U.S. institutions. According to DHS, the proposal aims to lessen the number of students who overstay their F and J visas."

Department of Homeland Security proposed eliminating the long-standing duration-of-status policy and capping F and J students' stay at four years, with extensions available through U.S. Citizenship and Immigration Services. The rule would bar major changes and transfers between U.S. institutions. DHS framed the measure as a way to reduce visa overstays. Public commenters challenged DHS's overstay estimates, noted that the Student Exchange and Visitor Information System already alerts authorities to overstays, and warned of negative effects on international students, health-care systems, and employers. Many students take more than four years for degrees, putting completions at risk if extensions are denied.

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