Trump Administration Proposes New Rule to End Foreign Student Visa Abuse

According to a Department of Homeland Security press release issued on Aug 27, the Trump Administration announced a proposed rule that, when finalized, would limit the length of time certain visa holders – including foreign students– are allowed to stay in the United States, thereby curbing visa abuse and increasing the Department of Homeland Security’s ability to properly vet and oversee these individuals.

“For too long, past Administrations have allowed foreign students and other visa holders to remain in the U.S. virtually indefinitely, posing safety risks, costing untold amounts of taxpayer dollars, and disadvantaging U.S. citizens,” said a DHS spokesperson in the release. “This new proposed rule would end that abuse once and for all by limiting the amount of time certain visa holders are allowed to remain in the U.S., easing the burden on the federal government to properly oversee foreign students and their history.”

Since 1978, foreign students (F visa holders) have been admitted into the U.S. for an unspecified period known as “duration of status.” Unlike other visas issued, those with a “duration of status” designation are allowed to remain in the U.S. for an indefinite amount of time without further screening and vetting.

In turn, foreign students have taken advantage of U.S. generosity and have become “forever” students, perpetually enrolled in higher education courses to remain in the U.S.

Under President Trump’s proposed rule, the federal government would set the authorized admission and extension periods for foreign students and exchange visitors up to the duration of the program they are participating in, not to exceed a 4-year period.

Additionally, once the fixed period has expired, such visa holders would have to apply for authorization to extend their stay with Immigration Services (USCIS), therefore requiring regular assessments by DHS for the alien to remain in the U.S. for a longer period.

This would allow DHS to conduct proper “vetting and oversight” by making access to necessary information more accessible and reducing the number of individuals here on visas.

This proposed rule was first proposed under President Trump in 2020 but was withdrawn by the Biden Administration in 2021, much to the detriment of U.S. citizens and taxpayers.