• Source:JND
HighLights
  1. US DHS replaces 'duration of status' for international students.
  2. New rule sets a general four-year maximum stay limit.
  3. Over 3.3 lakh Indian students face impact, requiring extensions.

Thousands of international students in the United States, including over 3.3 lakh Indian students, may soon face stricter immigration rules. The US Department of Homeland Security (DHS) has finalised a new regulation that will replace the decades-old “duration of status” system with a fixed period of stay for foreign students, exchange visitors, and media representatives.

US Ends ‘Duration Of Status’ System For Foreign Students

For nearly five decades, international students on F-1 visas were allowed to stay in the US as long as they remained enrolled in their academic programmes and followed visa rules. There was no fixed end date on their stay. Now, under the new DHS rule, F-1 students will generally be allowed to stay in the US for a maximum of four years. Students who need more time to complete their studies will have to apply for an extension from the DHS before their authorised stay expires.

Announcing the move, DHS, in an official statement said, “Today, the Department of Homeland Security (DHS) announced the publication of a final rule that officially eliminates the “duration of status” loophole that allowed foreign students, exchange visitors, and media representatives to remain in the United States indefinitely without routine government oversight.”

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What's Behind The Move?

The same rule will apply to J-1 exchange visitors, including researchers and scholars, and I visa holders, which are issued to foreign media representatives. According to DHS, the new rule is designed to increase government oversight, prevent misuse of the visa system, and address national security concerns. DHS Secretary Markwayne Mullin said, “For nearly half a century, the outdated 'duration of status' system has compromised national security and created an environment ripe for immigration fraud.”

He added, “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. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home.”

How Will It Impact Indian Students?

The new rule is likely to affect a large number of Indian students, who make up the biggest group of international students in the US. According to the Open Doors 2024 report, more than 331,000 Indian students were studying at US universities during the 2023-24 academic year. Many students pursue courses that can take more than four years to complete.

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Under the new system, these students will need approval from DHS if they require additional time to continue their studies. A major concern is what happens if a student’s authorised stay expires before an extension is approved. However, the rule will not take effect immediately. It will be published in the Federal Register and will become effective 60 days after publication. Until then, the existing “duration of status” system will continue.

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