The U.S. Department of Homeland Security (DHS) has proposed a new rule that would limit the duration of stay for international student visa holders, replacing the current flexible system with a fixed period.
The proposal has been submitted to the Office of Management and Budget (OMB), marking a key step before the rule is officially published in the Federal Register, according to a Times of India report.
Under this new framework, international students and exchange visitors would no longer be allowed to remain in the U.S. for the duration of their academic program by default.
Instead, they would be granted a fixed stay period and required to apply for extensions if necessary. The specific time limit will be disclosed once the rule is officially published.
Uncertainty for Students and Educational Institutions
The proposal has triggered concerns within the academic and legal communities. Immigration attorneys and education experts warn that the rule could be fast-tracked without the usual public comment period, potentially creating chaos for thousands of students.
“This will create unnecessary delays, financial burden, and legal uncertainty. Even routine extensions could take months,” said Rajiv S. Khanna, managing attorney at Immigration.com.
Mitch Wexler, Senior Counsel at Fragomen, noted that the change could significantly impact how "unlawful presence" is determined.
Students who remain in the U.S. beyond their visa expiration — even without an official determination by U.S. Citizenship and Immigration Services (USCIS) or an immigration court—could face serious immigration consequences.
If enforced, the rule is expected to have a major impact on Indian students in particular, who made up approximately 420,000 of the international student population in the U.S. in 2024.
This proposed visa change comes on the heels of broader policy crackdowns. Recently, the Trump administration threatened to withdraw up to $3 billion in federal grants and contracts from Harvard University over allegations of antisemitic harassment.
