Students from around the world have long studied at U.S. colleges and universities. Many California schools are especially popular with international students – especially students interested in pursuing STEM (science, technology, engineering and math) careers.
Those who are here on F-1 (academic student) visas as well as M-1 (vocational student) or J-1 (exchange visitor) visas or seeking a visa to study in the U.S. should know that the current administration has proposed changes that would affect whether these visa holders can remain in the country to work after they’ve graduated and how closely their activities may be monitored.
The Department of Homeland Security (DHS) has said that the changes are needed to “limit the length of time certain visa holders – including foreign students– are allowed to stay in the United States, thereby curbing visa abuse and increasing the Department of Homeland Security’s ability to properly vet and oversee these individuals.”
Ending the “duration of status” policy
Currently, student visa holders can remain in the country “as long as your program requires.” This allows students to have a somewhat flexible school schedule that might be necessary to obtain their degree, as is common with some STEM majors, if a student changes majors or if they want to obtain a more advanced degree. Another proposal would place restrictions on changing a major or program of study – particularly for freshmen or others in their first year of study in the U.S.
The proposed change would end this “duration of status” (D/S) policy and replace it with a fixed four-year stay. That would require college students to conform to the traditional length of time it takes to obtain an undergraduate degree unless they’re granted an extension.
Further, the amount of time to apply for an Extension of Stay (EOS) would be cut from 60 to 30 days. It’s also proposed that if a student decides to travel while waiting for approval of their EOS, their application would be considered “abandoned.”
More vigilant screening
Those applying for these visas would undergo greater inspection of their social media activity. Further, fewer people will be allowed to waive an in-person interview. Most applicants will have to undergo these interviews.
This is a stressful and anxious time for many people who are in the U.S. on any kind of visa. For young people on student visas – many of whom are outside their home country for the first time – the uncertainty of whether they will be able to finish their education here can be particularly difficult. Getting legal guidance can help those who have questions or concerns or are facing challenges remaining in the country.