The United States is set to make significant changes to the rules governing the length of stay for foreign students and other visa holders, with new requirements taking effect on September 15.
Under the new policy, the U.S. Citizenship and Immigration Services (USCIS) will introduce fixed periods of authorized stay for individuals in the F, J and I visa categories. The Department of Homeland Security has also released revised versions of the application forms required for extensions of stay and employment authorization.
USCIS said the new rules will take effect on September 15. From that date, applicants seeking to extend their stay or change visa status must use the updated Form I-539, while those applying for employment authorization must submit the revised Form I-765.
USCIS warned that applications submitted after September 15 using outdated versions of the forms will not be accepted.
‘Duration of Status’ Rule to Be Replaced
One of the most significant changes is the elimination of the “Duration of Status” (D/S) provision for international students.
Under the existing system, students holding F-1 visas have generally been permitted to maintain lawful status for the duration of their approved academic programme and authorized practical training, rather than being assigned a fixed departure date.
Under the new rules, students will instead receive a specific period of authorized stay. The duration of the academic programme listed on Form I-20 will be taken into account, with authorization generally limited to a maximum of four years.
Students will receive an additional 30-day grace period to leave the United States after completing their programme.
However, students whose academic programmes extend beyond four years, or those who need to remain in the country beyond their authorized period for other permitted reasons, will be required to apply for an extension of stay in accordance with the new procedures.
Part of Broader Immigration Policy Tightening
The new rules are being introduced amid a broader tightening of U.S. immigration policy since President Donald Trump returned to office last year.
The U.S. Department of State has said that screening and vetting procedures for F, M and J visas have been strengthened as part of efforts to enhance national security.
USCIS has urged students and other applicants to check the latest requirements and revised forms on its official website before submitting applications.
Applicants filing after September 15 will be required to use the new versions of the relevant forms, with applications submitted on outdated forms subject to rejection.
The changes are expected to introduce greater certainty over the authorized length of stay for foreign students while also placing additional administrative requirements on those who need to remain in the United States beyond the newly defined periods.