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The U.S. Department of Homeland Security (DHS) announced a new regulation ending the system known as "duration of status," a provision that for decades allowed foreign students, exchange visitors, and media representatives to remain in the country as long as they maintained the purpose of their visa.
With this measure, promoted by the administration of President Donald Trump, holders of non-immigrant visas in categories F for students, J for exchange visitors, and I for journalists and foreign media representatives will be subject to defined admission periods and increased oversight by federal immigration authorities.
According to the DHS, the "duration of status" system was in effect for nearly five decades and allowed certain foreigners to remain in the United States indefinitely, provided they continued to meet the conditions of their academic program, exchange, or information activity.
Authorities argue that this model created "vulnerabilities in the immigration system" by making it easier for some individuals to extend their stay for years through continuous enrollment in courses or educational programs.
"For nearly half a century, the outdated 'duration of status' system has compromised national security and created an environment conducive to immigration fraud," stated DHS Secretary Markwayne Mullin when announcing the new regulation.
Estudiantes y visitantes de intercambio tendrán un máximo de cuatro años
One of the most important changes establishes that international students with an F visa and exchange visitors with a J visa will be admitted only for the duration of their specific program, with a maximum limit of four years.
Until now, these groups could maintain their immigration status as long as they remained enrolled in approved educational institutions or participated in authorized programs.
Under the new rule, those who need more time to complete their studies or activities must formally request an Extension of Stay (EOS) from U.S. Citizenship and Immigration Services (USCIS).
Más controles federales
The DHS explained that extension requests will no longer rely primarily on educational institutions and will instead be overseen directly by federal authorities.
This will involve more rigorous verification processes, including biometric checks, background checks, and mechanisms to detect potential immigration fraud.
According to the department, the goal is to "strengthen the government's ability" to monitor those who remain on U.S. soil under these visa categories.
Se reduce el tiempo para abandonar el país tras graduarse
The new regulation also modifies the grace period that F-1 visa students have upon concluding their studies.
Currently, these students have 60 days to prepare for their departure from the country, transfer to another educational institution, or change their immigration status. With the new provision, that deadline will be reduced to 30 days.
Furthermore, the regulation introduces additional restrictions for those who wish to change their academic program during their stay in the United States.
The DHS reported that students, exchange visitors, and other visa holders affected by the previous system will be automatically incorporated into the new scheme.
This means that those who currently reside in the United States under the "duration of status" model will have an authorized stay limited to a maximum of four years starting from the date the rule goes into effect.
The regulation will be published shortly in the Federal Register and will begin to be applied 60 days after its official publication.
¿Qué busca la administración Trump?
The administration maintains that the reform will allow "strengthening national security, combating abuses in the immigration system, and ensuring stricter tracking of foreigners who remain in the country for academic, cultural exchange, or journalistic reasons."
For the DHS, the change represents a way to regain the ability to periodically examine those who enter under these visa categories and prevent some individuals from prolonging their stay.
The measure marks one of the most significant changes in immigration policy for international students in the last few decades and could impact thousands of foreigners currently studying, participating in exchange programs, or working as accredited journalists in the United States.
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