A recently implemented administrative rule will require foreign students on F-1 and J-1 visas to reapply for their visa status after completing their degrees, ending the previous policy of "duration of status." This change aims to ensure that the student visa program serves its intended purpose and to enhance accountability for foreign students in the United States.
Previously, foreign students were permitted to remain in the U.S. as long as they maintained full-time enrollment, a status known as "duration of status." This policy, combined with Optional Practical Training (OPT) provisions that allow students to work for a year (or two years for STEM degrees) using their student visa, has been criticized for potentially incentivizing students to prolong their studies. Employers hiring foreign workers on OPT are not required to contribute to Social Security and Medicare, offering a cost advantage that critics argue can disadvantage American workers.
The "education-migration complex" has expressed concerns that the new rule limits opportunities, but proponents argue it promotes responsibility. Under the revised policy, students seeking to pursue advanced degrees after completing an undergraduate program will need to return home and reapply for a new visa. This process requires demonstrating to consular officers that they are credible students, can afford their studies, and intend to return to their home countries.
The rule addresses concerns that some foreign students do not genuinely intend to study or return home. Some may not attend school at all, while others may extend their studies for many years, taking minimal coursework to maintain their visa status while working, sometimes illegally. Many of these individuals reportedly remain in the U.S. by filing frivolous asylum claims. Schools, meanwhile, are said to benefit from continued tuition fees regardless of the students' academic progress.
The administration asserts that the U.S. does not need to admit students with "hostility to the United States, Western civilization and capitalism" who spend their time protesting rather than studying. The policy intends to prioritize students who come to the U.S. to study, complete their degrees, and contribute to national prosperity and security.
Data from the U.S. indicates that the unemployment rate for recent American college graduates is 5.7%, a figure higher than the national average. The new regulations are presented as a measure to support American graduates by reducing competition from foreign graduates.
This administrative rule comes as part of broader efforts to reform visa programs and increase accountability within the immigration system.