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US Administration Considers Fixed-Term Limits on Student Visas

The US administration has revived a proposal to set fixed-term limits on student visas, signaling a departure from the current “duration of status” system. This move would introduce maximum lengths for F-1 visas, with the previous 2020 proposal suggesting a limit of four years for most students, while some would be restricted to a two-year term.

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Under the 2020 plan, students from specific countries, including those on the State Sponsor of Terrorism List, and those with high visa overstay rates would have faced the two-year limit. Additionally, students enrolled in Intensive English-language Programmes (IEPs) would have been subject to the same restriction.

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The proposal faced backlash from the higher education community, with concerns raised about the arbitrary nature of the timelines and the impact on international students’ academic experiences. Miriam Feldblum, Executive Director of the Presidents’ Alliance on Higher Education and Immigration, criticized the rule for creating uncertainty and potential barriers for students.

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The Department of Homeland Security (DHS) under the Biden administration withdrew the 2020 proposal in June 2021. However, a recent notice posted by the current administration indicates a renewed interest in revisiting the issue, proposing a rule titled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.”

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NAFSA, a leading association of international educators, highlighted that the new proposal is at an early stage and would need to undergo a review process before becoming final. The organisation emphasized the potential impact of fixed-term limits on international students and exchange visitors, expressing concerns about the uncertainty it could create.

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Esther Brimmer, former CEO of NAFSA, urged the DHS to reconsider the proposed rule, stating that it could complicate the administration of international student programmes and send a negative message about the US’s openness to diverse talents and contributions from abroad.

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The proposed rule change has implications for international student recruitment in the US, with potential effects on the attractiveness of the country as a study destination. The shift towards fixed-term limits reflects a broader trend of countries reassessing their visa policies and regulatory frameworks for international students.

As the US administration moves forward with the proposal, stakeholders in the education sector will be closely monitoring developments and providing feedback during the public comment period. The outcome of this process will shape the future landscape of international student mobility and academic exchanges in the United States.

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