Student Visas: Trump Administration Proposes ‘Time Limit’

Student Visas: In a move poised to unsettle the dreams of hundreds of thousands of Indian students, the US Department of Homeland Security (DHS) has submitted a controversial proposed rule to the Office of Management and Budget (OMB). The regulation seeks to replace the long-standing “duration of status” policy with a Fixed Stay Policy for International Students, a change that could impose rigid visa timelines on the largest cohort of foreign students in America.

India, which led international student enrollment in the US with over 4.2 lakh students in 2024, now faces the brunt of this potential shift.

Student Visas: A New Visa Landscape – From Flexibility to Fixed Timelines

Under the current system, international students on F-1 or J-1 visas are permitted to stay in the country for as long as they maintain their academic standing in approved programs—a provision known as “duration of status.” The proposed Fixed Stay Policy for International Students could overhaul this flexibility by imposing predetermined visa expiration dates. Students would be required to apply for extensions to continue their studies, a process riddled with administrative hurdles and financial costs.

“This change adds layers of uncertainty to an already complex immigration system,” says Rajiv Khanna, managing attorney at Immigration.com. “The proposed rule introduces arbitrary expiration dates that could force students into repeated extension battles. This isn’t reform; it’s a rollback of student-friendly policy.”

Concerns of Legal Jeopardy and Academic Interruptions

The OMB review is one of the final stages before such a rule is published in the Federal Register. A typical process involves a 30- or 60-day public comment period. But immigration experts fear that DHS may bypass this by issuing the rule as an interim final rule, bringing it into immediate effect without due consultation.

“This change isn’t grounded in facts,” said a senior university representative. “The student visa overstay rate was just 3.6% in 2023. This rule risks penalizing the majority for the actions of a few. It could deter global talent and destabilize higher education institutions reliant on international students.”

Legal experts are particularly wary of how this policy might redefine unlawful presence. Under current law, students only begin accruing unlawful presence when the U.S. Citizenship and Immigration Services (USCIS) makes a formal determination. However, the proposed regulation could start the clock immediately after the last authorized date of stay, potentially exposing students to 3- or 10-year reentry bans if they overstay by more than 180 days or a year.

“Beyond academic consequences, this rule introduces legal risks that could stain a student’s record for life,” warned Mitch Wexler, Senior Counsel at Fragomen. “It would fundamentally shift the rules of engagement for lawful presence in the US.”

Student Visas: Impacts Already Being Felt

The international student community is already navigating a turbulent environment. In recent months, several students have faced abrupt and reportedly unlawful terminations of their SEVIS records, resulting in F-1 visa revocations. The introduction of a Fixed Stay Policy for international students only deepens the anxiety.

Critics argue that the policy serves political optics more than pragmatic goals. The original proposal was tabled during the Trump administration in 2020 but was later withdrawn by the Biden administration in 2021. However, murmurs of its return gained traction following a DHS regulatory notice published in November 2024.

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