Homeland Security Withdraws Proposed Rules Affecting International Students
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The U.S. Department of Homeland Security declared the withdrawal of proposed new rules that would have restricted the time that people entering the U.S. Including international students, could remain in the nation, absent the issuance of a new visa. The proposed rules, which were issued on 25th September 2020. Had been the subject of significant concern by many higher education leaders because of their potential impact on international student retention.
Under the current rules, international students approved for an F or J category entry visa are permitted to remain in the country for an unspecified period. So long as they continue to be enrolled in coursework leading to their degree or research activity. This so-called “duration of status” policy would have been replaced by fixed terms of up to four years, under the proposed changes.
The new rules would have required a reapplication and renewal of the visa status of the student. At the expiration of the term for studies to be continued. Further, in the case of nations whose students have higher visa exceed rates. The proposed rule would have restricted initial student visa terms to two years.
DHS Withdraws Proposed Rules Affecting International Students
In a letter voicing opposition to the proposed changes, the American Council on Education (“ACE”) argued that the imposition of limitations. On visa duration for international students would significantly block the educational process. As the ACE letter noticed, the average time for an international student. To finish a B.A. degree is somewhat more than 4.5 years, and almost six years to finish a Master’s/Ph.D. program. It further concluded that the proposed rules would be “largely unworkable for the majority of students.”
[USCIS Reverses Initial Guidance on Adjustment of Status Applications Submitted Under the EB-5 Regional Center Program]
The declaration of the withdrawal of the proposed rules represents a positive step. For colleges and universities trying to attract international students. It builds up the current student visa system and produces a more stable environment for candidates.
However, the announcement of the withdrawal of the proposed rules came with the acknowledgment. That different changes might be important “to protect the integrity of programs that admit nonimmigrants in the F, J, and I classifications”. Accordingly, a new Notice of Proposed Rulemaking related to the rules regarding these particular visa categories could be forthcoming.
