The Trump administration is once again proposing strict limits on how long international students, exchange visitors, and foreign media workers can stay in the United States. This proposal revisits a policy first introduced in 2020 when Trump was president—later reversed by the Biden administration.
Submitted by the Department of Homeland Security on June 27, the rule seeks to replace the current flexible “duration of status” system with fixed time periods based on visa type and country of origin. Though full details aren't yet public, legal experts expect the new rule to closely mirror the withdrawn 2020 proposal.
Two- or Four-Year Caps
The 2020 draft rule would have limited student visas to two or four years, depending on nationality. Any international student needing more time to complete their course would have to apply for a status extension. Aaron Blumberg, a partner at Fragomen immigration law, told “we would expect [the rule] to largely mirror the 2020 proposal,” noting it could create “significant challenges” for students and strain government resources.
Degree Durations Often Exceed the Caps
Under the current system, international students may stay in the U.S. for as long as they are pursuing a valid course of study. But government data shows that only about 56% of international undergraduates finish within four years—compared to 44% of U.S. students. This change would force many more students, especially those in longer programs or doing postgraduate work, to seek extensions to maintain legal status.
Greater Burden for OPT Participants
About 22% of international students take part in Optional Practical Training (OPT), working after they graduate. Under the proposed rule, these students would need separate extensions for both their study and work authorization. Blumberg warns this adds “burdensome and costly” steps involving legal fees and government filing, putting students at risk of paperwork errors or visa denials. He cautions that “for a 20-year-old studying in a foreign country, navigating such a process can be daunting.”
Impact on Government Agencies and Institutions
If implemented, the rule change could spark a surge in extension applications—an estimated 300,000 additional filings annually—overloading U.S. Citizenship and Immigration Services (USCIS). Critics fear this could lead to processing delays and deter international students, potentially harming U.S. colleges and universities.
Next Steps in the Rulemaking Process
The proposal has been submitted to the Office of Management and Budget (OMB) for review. It must undergo a public comment period before a final rule is issued.
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