WASHINGTON D.C. — In a move that could significantly impact hundreds of thousands of international students, the Trump administration has revived a controversial proposal to restrict student visas to fixed periods of stay, ending the current more flexible system known as “duration of status.”
The Department of Homeland Security (DHS) has submitted the draft rule to the Office of Management and Budget (OMB) — one of the final steps before publication in the Federal Register. Once reviewed, the rule may be opened for public comment for 30 or 60 days. However, immigration experts caution that the administration could bypass the usual process by issuing it as an interim final rule, which would take effect immediately without public input.
Potential Impact on Students
Currently, international students can remain in the U.S. as long as they maintain full-time enrollment in an approved academic program — without a fixed visa expiration date. Under the proposed rule, visas would carry a predetermined end date, forcing students to apply for extensions periodically.
“This change would create unnecessary delays, financial strain, and immense uncertainty,” said Rajiv S. Khanna, managing attorney at Immigration.com. “Extension of status applications can take months. For students already under pressure, this adds another layer of unpredictability.”
If implemented, students may need to reapply for extensions each semester or year, depending on the final version of the rule — details that will only be clear once the rule is published.
Echoes of 2020 Policy and Legal Concerns
A similar attempt to eliminate the “duration of status” model was made in 2020 by the previous Trump administration but failed to be finalized. The Times of India had earlier predicted the rule’s potential revival — a forecast that appears to be materializing.
Immigration lawyers warn that the policy shift could also impact how unlawful presence is calculated. Currently, students accrue unlawful presence only if U.S. Citizenship and Immigration Services (USCIS) makes a formal finding or an immigration judge issues a removal order.
“Under the proposed change, unlawful presence may begin the day after a student’s fixed visa period expires,” said Mitch Wexler, Senior Counsel at global immigration firm Fragomen. “That’s significant — being unlawfully present for over 180 or 365 days triggers three- and ten-year bars on reentry.”
Concern for Indian Students and U.S. Institutions
With over 420,000 Indian students enrolled in U.S. institutions in 2024 — the largest international student group — the proposed change could have disproportionate effects on Indian nationals and the U.S. education sector.
“This rule risks undermining the appeal of U.S. higher education,” a U.S. university representative said. “Student visa overstay is a non-issue — just 3.6% in 2023. The uncertainty surrounding extensions will deter bright minds and harm universities that rely on international talent.”
The rule’s intent appears to be part of a broader push to tighten immigration controls, but critics argue it unfairly penalizes compliant students and places unnecessary hurdles in their academic journey.
As the review process continues, stakeholders across the education and immigration sectors are preparing for a renewed policy battle — one that could redefine the experience of international students in the United States.
