The Trump administration announced a new proposed rule on Wednesday to increase vetting of foreign nationals and prevent “forever” students who abuse the visa system.
Trump’s Department of Homeland Security highlighted F visas for students, I visas for media members, and J visas for exchange visitors, which include professors, research assistants, au pairs, and camp counselors, among others.
‘For too long, past administrations have allowed foreign students and other visa holders to remain in the US virtually indefinitely, posing safety risks, costing [an] untold amount of taxpayer dollars, and disadvantaging US citizens.’
The rule proposes ending “duration of status” for these visa programs, which currently allow immigrants to remain in the United States for an unspecified period of time without further screening.
“In turn, foreign students have taken advantage of U.S. generosity and have become ‘forever’ students, perpetually enrolled in higher education courses to remain in the U.S.,” a DHS press release reads.
More than 2,100 foreign nationals who were granted F-1 visas between 2000 and 2010 were still residing in the U.S. as of April, according to the proposed rule. It highlighted several instances of abuse, including a case involving a dance school student who received an F-1 visa in 1991. The student’s school reportedly requested 17 program extensions between 2003 and 2020. The student transferred to an English language training program at a different school in 2022 and, as of May, has remained in the U.S. on a student visa, the document noted.
By eliminating duration of status, those on student visas would be permitted to remain in the U.S. only for the duration of their education programs, which are not to exceed four years.
Foreign media representatives would be granted a stay of up to 240 days, with the possibility of extending it for an additional 240 days, according to the new rule. However, their time in the U.S. would be limited to the duration of their temporary activity or assignment.
If the proposed rule is adopted, individuals with F, J, or I visas would be admitted for a fixed period of time. They would generally be allowed to request an extension, but they must submit their extension application directly to U.S. Citizenship and Immigration Services.
“This would allow DHS to conduct proper oversight as part of [Student and Exchange Visitor Program] and [Student and Exchange Visitor Information System] by making access to necessary information more accessible and reducing the number of individuals here on visas,” the DHS press release reads.
The proposed rule highlighted a significant increase in visa applicants since duration of status was initially granted for these programs, including a reported 250% increase in J visas and a 94% increase in I visas from 1985 to 2023.
“In 2023 alone, there were over 1.6 million admissions in F status, a dramatic rise from when the legacy Immigration and Naturalization Service (INS) first shifted to D/S admission in 1979. For example, in the 1980-81 school year, there were approximately 260,000 admissions in F status,” the proposed rule reads.
The first Trump administration proposed this rule in 2020. However, it was later withdrawn under the leadership of former President Joe Biden.
“For too long, past administrations have allowed foreign students and other visa holders to remain in the U.S. virtually indefinitely, posing safety risks, costing [an] untold amount of taxpayer dollars, and disadvantaging U.S. citizens,” a DHS spokesperson stated. “This new proposed rule would end that abuse once and for all by limiting the amount of time certain visa holders are allowed to remain in the U.S., easing the burden on the federal government to properly oversee foreign students and their history.”
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