Category: Student Visa

  • US proposes visa time limit rule to end “abuse” of system

    US proposes visa time limit rule to end “abuse” of system

    The proposed rule, announced by the Department of Homeland Security (DHS) on August 27, would upend the longstanding “duration of status” policy and enforce additional restrictions on students changing programs and institutions.  

    If finalised, the new rule would limit the length of time international students, professors and other visa holders can stay in the US, which DHS claims would curb “visa abuse” and increase the department’s “ability to vet and oversee these individuals”.  

    Trump initially put forward the proposal during his first administration, only for it to be withdrawn under Biden. In recent weeks, a rehashed version of the plans has been moving closer towards final approval.  

    Yesterday’s publication of the finalised proposal in the Federal Register was met with immediate denunciation by stakeholders who say it would place an undue administrative burden on students as well as representing a “dangerous government overreach”. Now the proposal is under a 30-day public comment period.  

    “These changes will only serve to force aspiring students and scholars into a sea of administrative delays at best, and at worst, into unlawful presence status – leaving them vulnerable to punitive actions through no fault of their own,” said NAFSA CEO Fanta Aw.  

    Under the rule, students could only remain in the US on a student visa for a maximum of four years and would have to apply for a DHS extension to stay longer.  

    The policy document reasons that 79% of students in the US are studying undergraduate or master’s degrees which are generally two or four-year programs, thus: “a four-year period of admission would not pose an undue burden to most nonimmigrant students”.  

    And yet, stakeholders have previously pointed out that the average time taken to complete an undergraduate degree – for both domestic and international students – exceeds four years, meaning that the majority of students would have to file for an extension to complete their studies.  

    Meanwhile, this reasoning does not consider postgraduate students on longer programs or the many students that go onto Optional Practical Training (OPT), who would have to apply for a visa extension as well as the work permit itself. 

    If finalised, master’s students would no longer be able to change their program of study, and first year students would be unable to transfer from the institution that issued their visa documents.   

    Alarmingly, the rule would hand power to the government to determine academic progress, with “a student’s repeated inability or unwillingness” to complete their degree, deemed an “unacceptable” reason for program extensions.  

    It would also limit English-language students to a visa period of less than 24 months, and the grace period for F-1 students, post-completion, would be reduced from 60 to 30 days.  

    Such far reaching provisions amount to “a dangerous overreach by government into academia,” said Aw, pointing out that international students and exchange visitors are already “the most closely monitored non-immigrants in the country.”  

    Government interference into the academic realm in this way introduces a wholly unnecessary and new level of uncertainty to international student experience

    Fanta Aw, NAFSA

    “For too long, past administrations have allowed foreign students and other visa holders to remain in the US virtually indefinitely, posing safety risks, costing untold amount of taxpayer dollars, and disadvantaging US citizens,” DHS said in a statement.  

    Framing the issue as one of national security, the department said it had identified 2,100 F-1 visa holders who arrived between 2000 and 2010 and have remained in status, becoming what DHS called “forever” students “taking advantage of US generosity”.  

    Putting this in perspective, commentators have highlighted that in 2023 alone there were 1.6 million F-1 visa holders in the US.  

    As well as imposing significant burdens on students and intruding on academic decision-making, the proposal would also place strain on federal agencies and increase the existing immigration backlog, warned Miriam Feldblum, CEO of the Presidents’ Alliance on Higher Education and Immigration.

    “International students deserve assurance that their admission period to the US will conform to the requirements of their academic programs,” said Feldblum, issuing a grave warning that the rule would further deter international students and “diminish” US competitiveness.  

    “At a time when the US is already facing declines in international student enrolment, we must do everything we can to keep the door open to these individuals, who are essential to our future prosperity,” she continued, alluding to recent falls in US visa issuance.  

    Since coming to office, a barrage of hostile policies from the Trump administration have erected unprecedented barriers for students hoping to study in the US, with a near-month long visa interview suspension earlier this summer still wreaking havoc on visa appointment availability around the world. 

    The latest government data revealed a 30% drop in student arrivals this July, with colleges bracing for a drastic drop in international student numbers for the upcoming year. If the decline continues, experts have warned of USD $7bn in damages to the US economy.  

    According to Aw, the proposed rule would “certainly” deter international students further, “without any evidence that the changes would solve any of the real problems that exist in our outdated immigration system”. 

    Appealing to Trump’s recent remarks pushing for a more-than doubling of the Chinese student population in the US, Aw urged the government to engage with the sector to ensure the US remained the “premier destination” for global talent while keeping the country “safe and prosperous”. 

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  • What’s next for students after Trump’s visa reversals?

    What’s next for students after Trump’s visa reversals?

    One of the realities of the Trump administration is that decisions with vast domestic and global consequences can be implemented and reversed at the drop of a hat. This has been the case with international trade. President Trump has imposed steep tariffs on other countries only to relent when the market takes a turn. It’s also been the case with staffing. Trump defended national security adviser Mike Waltz when it was revealed he accidentally added a journalist to an app chat about a military strike in Yemen. Weeks later, Trump removed Waltz and gave him another job.

    This is also true for student visas. Trump has upended the academic world with his threats to Harvard and other universities, and the arrests of students for pro-Palestinian protests. Harvard was even forced to hand over information about international students to federal officials. 

    Trump has also cracked down on student visas. The Trump administration revoked more than 1,800 visas earlier this year, and many students went into hiding after the news broke. Federal officials restored roughly 1,200 visas after significant public pressure. 

    International students can expect more erratic decisions as the Trump administration moves past its first 100 days. These changes could cause significant stress and anxiety to both intentional students and administrators. I’ve designed a primer for both international students and administrators on what to expect as we move forward and how to prepare for a time when change is the only certainty.

    Unpredictability Will Become The Norm: In the past, there was a defined process for becoming an international student. Students’ expectations have been upended in just a few months. This will make life difficult for universities and their staff; many international students, particularly those interested in medicine, may choose not to come to the United States due to these changes. This will have ripple effects across the academic world; research and innovation could stall without an infusion of the best and brightest; American companies could lose a pipeline to strong potential hires, and scientific and medical breakthroughs will decline.

    International students can expect more erratic decisions as the Trump administration moves past its first 100 days

    Shaun Carver, International House, UC Berkeley

    Threats to Higher Education Will Upend Academic Life: Federal funding freezes are now a reality for higher education, particularly at schools with robust diversity, equity, and inclusion (DEI) initiatives. The administration just froze $1 billion for Cornell and $790 million for Northwestern. These support cuts will make American universities less attractive to global talent. 

    Preparing to Study in America Will Look Different: Moving to a different country has always been challenging. Students need to navigate a new culture, learn a different language, and handle tasks that are challenging for domestic students, such as finding housing and making social connections.  

    Students will now need to factor in other challenges, such as potential threats to their visa status, the risk of arrest or deportation for speaking their mind, and also distrust in a culturally divided country. International students should be aware of their legal rights before coming to the United States. Administrators should be prepared to support them and provide them with relevant legal resources.

    STEM Could Be Hit Hard: In the past, federal regulators targeted humanities departments, perceiving them as liberal. Science, technology, or medicine were seen as essential to society and global status, and were shielded from scrutiny. The Trump administration had added science and technology disciplines to its target list and reduced grants for critical research. 

    Roughly 16% of Harvard’s total revenue comes from sponsored support, including grants and federal funding. But 53% of the revenue for the School of Public Health, 35% of the revenue for the School of Medicine, and 37% of the revenue for Engineering and Applied Sciences come from federal grants. Many of the funding cuts are for STEM research programs, including those related to artificial intelligence (AI). The administration is also slashing science-related funding at other schools. In addition to possible brain drain at universities, these changes could affect America’s ability to compete, keep pace with other countries that are embracing AI, maintain its populace’s health, and more.

    The Big Picture: 

    It’s a tenuous time for both university administrators and international students. Despite these difficulties, American universities remain among the best in the world, and many have deep financial resources. Schools are getting creative; Harvard’s staff has agreed to a pay cut to support the university. 

    The best thing international students and administrators can do is ensure they are prepared, closely monitor changes and developments, and finally encourage those in power to make changes. Transparent and consistent policies, along with stronger protections, are needed now to restore confidence among international students and maintain US leadership in global education.

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  • Trump vows to revoke student visas of pro-Palestine protesters

    Trump vows to revoke student visas of pro-Palestine protesters

    A fact sheet on the order pledged to take “forceful and unprecedented steps” to “combat the explosion of antisemitism on our campuses and in our streets” since Hamas’s attack on Israel on October 7, 2023.  

    “To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you,” the fact sheet said.  

    Its direct order to “quickly cancel the student visas of all Hamas sympathisers on college campuses” has sparked fear among international students who participated in the pro-Palestine protests that swept US college campuses last year.  

    The Council on American-Islamic Relations (CAIR) called the order a “dishonest, overbroad and unenforceable attack on both free speech and the humanity of Palestinians”.  

    “Free speech is a cornerstone of our Constitution that no president can wipe away with an executive order,” it said, adding that the protests had been “overwhelmingly peaceful”. 

    To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you

    Trump Administration

    The order pledges immediate action, “using all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful antisemitic harassment and violence”. 

    Its third section sets out specific measures to “combat campus antisemitism”, requiring agency leaders to recommend to the White House within 60 days all civil and criminal powers that can be used to combat antisemitism.  

    It requires attorney generals to submit a full analysis of court cases involving K-12 schools, colleges and universities and alleged civil rights violations associated with pro-Palestinian protests. If warranted, such reports could lead to the removal of “alien students and staff”.  

    While US institutions are required to report to immigration services any information deemed relevant to student visa determinations, federal efforts to impose an obligation to investigate and report on students are unprecedented and would raise serious legal questions, according to O’Melveny law practice.  

    The measures have alarmed many students and faculty on colleges campuses, but experts have said that the directive would likely draw legal challenges for violating free speech rights protected by the Constitution.  

    The American Jewish Committee (AJC) issued a statement welcoming the Trump Administration’s commitment to “combatting antisemitism vigorously”. 

    Student visa holders “who have been found to provide material support or resources to designated terror organisations – as defined by the Supreme Court and distinguished from the exercise of free speech – are clearly in violation of the law and are therefore unworthy of the privilege of being in this country,” said AJC.

    However, many pro-Palestinian protesters denied supporting Hamas, saying that they were demonstrating against Israel’s assault on Gaza, which has killed more than 47,000, according to health authorities.

    In a letter representing students from the University of California’s 10 campuses, students argued that the order inaccurately conflated “pro-Palestine advocacy with antisemitism” and set a “scary precedent of censorship for the student community”. 

    The threat of visas being revoked and students being removed was heightened after legislation was passed earlier this month allowing immigration officers to carry out raids in “sensitive locations” including churches, schools and college campuses that were formerly protected.

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