The United States Department of Homeland Security (DHS) stated earlier this month that it had formally withdrawn a proposed rule change it would have imposed term limitations on international student visas. The proposal would have overturned the long-standing “duration of study” requirements that govern the issuance and renewal of US student visas.
This approach essentially allows international students to stay in the United States throughout the duration of their academic programs, as long as they follow the criteria of their visa category.
The proposed rule would have barred many international students from living in the United States for more than four years (unless they were granted a visa extension or successfully reapplied for a new visa). However, it also proposed more stricter limits of two years for students from Iran, North Korea, Sudan, and Syria, as well as any other countries where visa overstay rates surpassed 10%.
When it was first proposed in September 2020, the concept was widely rejected by international educators. The rule, according to Miriam Feldblum, executive director of the Presidents’ Alliance on Higher Education and Immigration, would “set arbitrary timelines that do not match how many academic programs work, and it is creating barriers and uncertainty for international students who will wonder, ‘Is the US the right place for me to come?’” NAFSA requested DHS in an open letter in Fall 2020 to “withdraw this poorly drafted regulation from consideration.”
DHS acknowledged in its formal June 2021 notice that it “intends to withdraw this proposed rule.” Initially, US Immigration and Customs Enforcement (ICE) proposed modifying the period of authorized stay for certain categories of non-immigrants travelling to the US by eliminating the availability of ‘duration of status’ and instead of providing a maximum period of authorized stay with options for extensions for each applicable visa category.”
In a related update, NAFSA explains that the proposed rule never progressed beyond the consultation phase which attributes in large part to The Biden Administration Regulatory Freeze Memorandum from January 20, 2021, an executive order that provided for “various temporary stops on implementation of ‘midnight rules’ issued by the Trump administration, to give the Biden administration time to revise them.
According to NAFSA, “when the Biden Administration issued its Regulatory Freeze memorandum, DHS had not yet transmitted a final duration of the status rule to [the federal Office of Management and Budget] for approval or to the Office of the Federal Register for publication.” According to paragraph 1 of the Regulatory Freeze memorandum, no final rule can be issued “until a department or agency head selected or designated by the President reviews and approves the rule afternoon on 20 January 2021.”
As a result of DHS withdrawing the plan, the current duration of study rules for US student visas will stay in effect.
Manya – The Princeton Review offers end-to-end study abroad services encompassing admissions consulting services, test preparation, English language training, career assessment and international internship opportunities to study abroad aspirants. Founded in 2002, Manya holds an impeccable track record of enabling more than two lac fifty thousand students to accomplish their study abroad dreams through its network of 45+ centers across India.
Manya has formed long-lasting global alliances with several market leaders in the education industry in order to maximise the benefits of its large service portfolio. Their list of esteemed partners and affiliations includes – The Princeton Review (TPR), Cambridge University Press (CUP), Admissionado, Cogito Hub, British Council, Tuding to name a few. Manya has also forged 600+ partnerships with international universities across top study abroad destinations.
If you are planning to study in USA, get in touch with our top-notch consultants.
If you are planning to study abroad and searching to match your profile with the best suited university, Experts at Manya – The Princeton Review have gathered important information of top Universities from abroad. Surely, this information will help you narrow down your quest for universities.
You can access accurate & authentic information related to rankings, application fees, average tuition fees, cost of living, scholarships, latest updates, and much more from more than 1000+ universities. You may also search for universities by name, country, or courses in common specializations, such as Physics, Finance, Business, Language and Culture, Agriculture, Environmental Science, Computer and IT, Media and Communication Marketing.Book your Free Counselling Session now!