DHS Withdraws Proposed Rule Limiting Student Visa Time Limits
The Department of Homeland Security (DHS) withdrew a proposed rule initially introduced
by the Trump administration. The proposed rule would have limited students’
visas to two to four years and would apply to F visa students, I visa foreign
media members and J visa exchange visitors. Under existing regulations, students’
visas are valid as long as they are meeting the requirements of their programs.
Only 1% of the more than 32,000 comments on the proposed rule
supported the rule. The intent of the proposed rule was to prevent visa holders
from overstaying their visas. However, the majority of comments did not support
the proposed rule and instead, highlighted the costs and administrative burden
the proposed regulation would place on students and employers.
After having reviewed the comments, DHS stated in its proposal withdrawal notice
that it believed some of the comments had merit and the Department was “concerned
that the changes proposed unnecessarily impede access to immigration benefits.”
These concerns formed the basis upon which DHS issued the withdrawal notice. DHS
also noted in the withdrawal notice that it reserves the right to address the
issue of visa overstays in the future rulemakings.