US Ends ‘Duration of Status’ System; Caps Student Visas at Four Years

0
1

Hyderabad: In one of the biggest changes to the US student visa system, the Trump administration has ended the long-standing “Duration of Status” (D/S) system for international students, exchange visitors and foreign journalists. The new regulation, published on July 17, is expected to take effect on September 15, after the required 60-day implementation period.

Earlier, most students on F-1 visas could remain in the US for as long as they maintained their student status and complied with visa rules. Under the new system, F-1 students, J-1 exchange visitors and I visa holders will generally be admitted for a fixed period linked to their programme, with a maximum stay of four years.

Those who need additional time to complete their studies, research or training must apply to the US Citizenship and Immigration Services (USCIS) for an Extension of Stay before their authorised stay expires. Simply extending a student’s SEVIS record through the university will no longer suffice.

Asked about the new rule, attorney Bhumireddy Sai Srinivas Reddy, licenced to practise in the US and India, told Deccan Chronicle: “If you looked at an F-1 student’s I-94, you wouldn’t see a date. You’d see ‘D/S’ (Duration of Status). As long as you stayed enrolled and kept your I-20 valid, you could remain in the country for as long as your program took. But that is now changing.”

“An F-1 student will be admitted for the length of the programme on the I-20, up to a maximum of four years at a time. If your PhD takes six years, you don’t lose the visa, but you’ll need to ask USCIS for more time after the fourth year. English language students are limited to 24 months, and F-2 dependents can’t stay longer than the main student,” he explained.

The grace period is also cut in half in the new scheme, Srinivas Reddy said. After finishing a programme, students now get 30 days instead of 60. “If you withdraw from classes, you get just 15 days. If you fall out of status, you get nothing; the rule says you must leave the country immediately.”

He also advised that timing mattered more than ever. “If you file your extension before your I-94 expires, your on-campus job or CPT continues automatically for up to 240 days while USCIS decides (on the application). If you wait and file during the 30-day grace period, your filing is still valid, but you must stop working until it’s approved.”

Eric Roberts, a US-based attorney, said: “The cost and time for pursuing higher education in the United States will significantly increase, post-implementation of the rules. Students must return to their country of origin to apply for a new visa if they want to pursue further studies. This not only increases the cost by a huge margin, but also impacts the student’s education timeline.”

The US government said the move was aimed at combating illegal overstay of students by using a “loophole”. DHS secretary Markwayne Mullin said “For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud.”

“By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home,” Mullin said.

Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: deccanchronicle.com