US visa proposal: 4-year cap for students, 240-day limit for foreign journalists

The Trump administration announced a proposed rule that, if finalised, would limit the length of time certain visa holders – including foreign students– are allowed to stay in the United States.

The move is aimed at curbing visa "abuse" and increasing the Department of Homeland Security’s (DHS) ability to properly vet and oversee these individuals.

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“For too long, past Administrations have allowed foreign students and other visa holders to remain in the U.S. virtually indefinitely, posing safety risks, costing untold amount of taxpayer dollars, and disadvantaging U.S. citizens,” a DHS spokesperson said in a media release on Wednesday (August 27).

Ending ‘abuse’ of foreign student visa

“This new proposed rule would end that abuse once and for all by limiting the amount of time certain visa holders are allowed to remain in the U.S., easing the burden on the federal government to properly oversee foreign students and their history,” the spokesperson added.

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Since 1978, foreign students (F visa holders) have been admitted into the US for an unspecified period known as “duration of status”.

Unlike other visas issued, those with a “duration of status” designation are allowed to remain in the US for an indefinite amount of time without further screening and vetting.

In turn, foreign students have taken advantage of US generosity and have become “forever” students, perpetually enrolled in higher education courses to remain in the US, DHS said.

New visa rule for foreign media

Under US President Donald Trump’s proposed rule, the federal government would set the authorised admission and extension periods for foreign students and exchange visitors up to the duration of the programme they are participating in, not to exceed a 4-year period.

The rule would set the initial admission period for foreign media representatives at up to 240 days.

Foreign media representatives would be eligible for an extension period of up to 240 days, but no longer than the length of the temporary activity or assignment.

Additionally, admitting foreign students, exchange, and foreign media classifications for a fixed period of time would require said aliens to for apply for authorization to extend their stay with United States Citizenship and Immigration Services (USCIS), therefore requiring regular assessments by DHS for the alien to remain in the US for a longer period, DHS said.

This would allow DHS to conduct proper oversight as part of SEVP and SEVIS by making access to necessary information more accessible and reducing the number of individuals here on visas, it added.

This proposed rule was first proposed under President Trump in 2020 but was withdrawn by the Biden administration in 2021.