The DHS rule would replace open-ended stays for many foreign students, exchange visitors and journalists, add extension reviews, and tighten unlawful-presence enforcement under a fixed-term system.
The Trump administration has finalized a Department of Homeland Security rule that would replace open-ended stays for many foreign students, exchange visitors and journalists with fixed admission periods and added extension reviews. International students and exchange visitors on F and J visas would generally be limited to four years, while foreign journalists on I visas would be admitted for up to 240 days at a time. I visas for Chinese nationals, excluding those from Hong Kong and Macau, would be limited to 90 days. Anyone seeking to remain longer would need to apply for an extension of stay. The rule was released on July 16 and is scheduled for formal publication in the Federal Register on July 17, with effect 60 days later unless altered during congressional review. It would shift authority away from schools by requiring Department of Homeland Security officers to review whether visa holders remain eligible and whether they have violated any laws. The change also tightens unlawful-presence calculations, increasing the risk of penalties including future reentry bans for people who remain beyond their authorized stay. Separate transition rules would apply to people already in the United States. F and J visa holders could remain under the current system until their program ends, but not for more than four years from the rule’s effective date, while I visa holders would be granted up to 240 days from that date. The rule also provides that certain F-1 students already in the country who apply within 244 days after implementation for Optional Practical Training or a STEM OPT extension would not need to file a separate extension-of-stay form if they file for employment authorization. Homeland Security says the move is meant to address national security concerns tied to student visa programs, while critics warn it could add uncertainty for long-degree programs and make U.S. schools less attractive to foreign students.