New US rules change how international students can stay in America

WASHINGTON: A major change in the US immigration system is set to take effect on Tuesday, requiring international students to keep closer track of how long they are authorised to remain in the country.

The Department of Homeland Security (DHS) is ending the longstanding “duration of status” system for F-1 students and replacing it with a fixed period of admission.

Under the new rule, F-1 students will generally be admitted for the length of the academic programme listed on their Form I-20, up to four years, with a 30-day period to arrive before the programme begins and 30 days to prepare for departure after the programme or authorised post-completion training ends.

Students who need additional time to complete their current programme, begin a new programme, or undertake post-completion OPT or STEM OPT will have to take additional steps. They may apply to US Citizenship and Immigration Services (USCIS) for an extension of stay, or leave the United States and seek a new period of admission from Customs and Border Protection when they return.

DHS advises students to work with their college’s designated school official before applying for an extension. Students seeking an extension must file Form I-539 with USCIS after receiving the appropriate recommendation on an updated Form I-20.

What happens to students already in America?

The change does not mean that every F-1 student currently in the United States has to file a new application on Tuesday.

Students who are in the United States in F-1 status under the existing duration of status system on September 15 may remain without applying for an extension until the applicable programme or OPT/STEM OPT end date, subject to the transition rules.

For these students, the transition period generally runs no later than November 14, 2030.

There is an important exception involving travel. Current F-1 students who leave the United States after Sept 15 may be readmitted under the new fixed-period system, rather than continuing under duration of status system.

Students who are considering international travel should therefore speak with their designated school official before leaving the country.

New rules for students’ academic plans

The rule also imposes new restrictions on changes during an F-1 student’s academic career.

Among other changes, undergraduate students generally cannot change their educational level or major during the first year of a program without an exception for extenuating circumstances.

Graduate-level students face additional restrictions on changing educational levels, majors and transferring schools.

The rule also reduces the departure period after completion of a program or post-completion OPT/STEM OPT from the previous 60 days to 30 days for students subject to the new system.

New immigration forms

The Sept 15 change also affects USCIS paperwork. Students filing Form I-539, used to request an extension or change of nonimmigrant status, or Form I-765, used to apply for employment authorisation, should use the new editions required by USCIS beginning Tuesday.

Students should check the edition date before filing because USCIS will not provide a grace period for use of the previous editions.

For international students, the most important point is that Sept. 15 is not a blanket deadline to leave America or file a new application. It marks the beginning of a new system in which admission is tied to a specific period, and students who need additional time may have to obtain an extension or a new period of admission.

Universities urge students to check travel, immigration records

Major US universities are advising international students to pay particular attention to travel plans and their Form I-94 as the new rules take effect.

Harvard University, Yale University, Columbia University, Cornell University and Stanford University have issued guidance explaining the changes and urging students to consult their international offices before making immigration or travel decisions.

Yale says students already in the United States under the old “duration of status” system generally do not need to take immediate action on Sept 15.

But students who travel abroad and return after that date will generally receive a new I-94 with a specific “admit until” date. Yale advises students to check the I-94 after every international trip.

Harvard similarly warns that international travel after Sept 15 can affect future OPT and extension-of-stay planning. Its international office advises students to understand the consequences before making travel plans.

Columbia and Cornell have also published detailed guidance on the transition rules, while Stanford has warned that F-1 and J-1 students will no longer be admitted under the D/S notation after the rule takes effect.

The message from the universities is essentially the same: students should not assume that Sept 15 itself requires them to leave or file a new application, but they should understand their individual I-94, program end date, OPT plans and the consequences of international travel.

The Department of Homeland Security is also ending the “duration of status” system for J-1 exchange visitors and certain I-visa holders, including representatives of foreign information media. They too will generally be admitted for a fixed period rather than indefinitely for the duration of their program or assignment.

J-1 participants who need additional time will generally have to seek an extension of stay, while the rules for I representatives are tied to the length of their media assignment.

The change does not apply broadly to other major nonimmigrant categories such as H-1B, L-1, O-1 or B-1/B-2 visas, which already operate under fixed periods of admission.