Foreigners who come to the U.S. to study will generally be limited to four years of legal status, the Department of Homeland Security announced Thursday, closing what it said was a loophole that allowed some students to stay “indefinitely.”
Homeland Security said there are so many foreign students in the U.S. that it has lost the ability to monitor them all and to make sure they are still here studying.
The change will give the department more opportunities to check students and make sure they still deserve their visas.
Students who need more than four years to complete their studies can apply for an extension, but that will mean going through new vetting.
“For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S.,” Homeland Security Secretary Markwayne Mullin said in a statement announcing the changes.
Most categories of temporary visitor visa to the U.S. include a set time limit.
But foreign students, exchange visitors and foreign media — the F, J and I visas — are good for what’s known in the law as “duration of status.” That means as long as they say their study or work is ongoing, they are here legally.
Homeland Security said that has led to cases of fraud or abuse. The department pointed to “forever students” who perpetually enroll in new courses to extend their legal status.
More than 2,000 foreigners who came here between 2000 and 2010 are still here on student visas, the department said.
Under the new rule students, exchange visitors and media will be limited to the length of their specific program.
The students and exchange visitors will also have a shorter grace period of 30 days to leave, transfer or win a new visa status once their original visa expires.
Homeland Security acknowledged some programs, such as post-graduate degrees or research fellowships, can last more than four years, which is why the rule allows migrants to ask for an extension.
“They will still be able to continue to pursue their full course of study or exchange program,” Mr. Mullin said in a 553-page regulatory filing. “However, if they need additional time in F or J status, the burden will now be on them to request authorization directly from DHS and establish eligibility to extend their period of stay in such status.”
Homeland Security in the past had left supervision of foreign students largely up to schools. The department then policed the schools themselves.
But that meant individual student fraud might slip through the cracks.
The new policy marks a shift to give the department more oversight of the students, allowing officers more of a chance to spot people abusing the system.
Vetting will include biometric identity checks, background checks and fraud screening.
The new rule will be effective in September.
