Summary of Key Points
The U.S. Department of Homeland Security (DHS) plans to eliminate the "D/S" (Designated Status) program for international students, which has been in place for over 50 years, and replace it with a system that imposes a fixed duration of stay (up to 4 years). The new policy will take effect on September 17th, but it is subject to congressional review. This change not only reduces the length of time international students can remain in the United States but also shortens the grace period after graduation (from 60 days to 30 days). Additionally, there are stricter restrictions on transferring schools or changing majors, especially for first-year students. The government claims this is necessary to enhance immigration control and prevent some individuals from over-staying in the country. However, universities and educational institutions strongly oppose the new measures, fearing that they will deter talented individuals from pursuing their education in the U.S.
What Does the New Policy Change?
- Fixed Duration of Stay: Previously, international students had a "D/S" status that allowed them to remain as long as they were enrolled in school and maintained legal residency. The new policy sets a maximum stay of 4 years, which is tied to the completion date of their courses.
- Shortened Grace Period: After graduation, students previously had 60 days to pack up, look for employment, or apply for another immigration status; now, they only have 30 days.
- Stricter Restrictions on Transferring Schools/Changing Majors: First-year undergraduates and graduate students face more stringent requirements for transferring schools or changing majors, including the need for prior approval from the immigration authorities.
- Additional Procedures for Extensions: If the 4-year period is insufficient (e.g., for doctoral programs), students must submit an I-539 application to the immigration bureau, pay fees, and provide biometric information (fingerprinting and photographing). Only after approval can they extend their stay.
Who Is Most Affected?
- Most Undergraduates/Graduate Students Are Not Affected: Typical undergraduate programs last 4 years, and graduate programs usually 2 years, so most students will fall within the 4-year limit and not need to worry about extension issues.
- Doctoral/Research Students Face Challenges: Doctoral programs often take 5-7 years to complete, so the 4-year period is insufficient. Students will need to apply for an extension, which requires approval from the immigration bureau. If the application is delayed or denied, they may have to interrupt their studies and return to their home countries.
- First-Year Students Should Be Cautious with Changing Majors: The new policy imposes strict restrictions on first-year students changing schools or majors; they must obtain permission from the immigration bureau before making any adjustments.
- Accelerated Departure After Graduation: The grace period has been reduced from 2 months to 1 month, meaning students need to find an employer that can provide them with a work visa or leave the country promptly.
Why Is the Government Making These Changes?
The DHS Secretary, Kirstjen Nielsen, stated that "thousands of foreign students are currently staying in the U.S. indefinitely by continuously enrolling in courses, and we cannot effectively manage this situation." The government's rationale includes:
- Loose D/S Program: Without a fixed expiration date, it is difficult for the immigration bureau to determine who should leave, leading to potential compliance issues (e.g., some students may not be genuinely enrolled in school but are still in the U.S.).
- National Security Concerns: The Trump administration has been aiming to reduce the number of foreigners in the country. Previous measures, such as restricting refugee admissions and raising fees for H-1B visas, reflect this policy direction. By implementing a fixed stay period, the government hopes to gain better control over who can remain in the U.S. for how long.
Opposition from All Over
Almost all educational organizations have criticized the new policy, citing three main concerns:
- Interference with Academic Decisions: The NAFSA (National Association of Foreign Student Affairs) argues that whether a student can extend their graduation should be decided by the university, not the immigration bureau. Many American students also experience delays in graduation due to part-time jobs or changes in majors; why should international students be treated differently?
- Increased Bureaucracy and Fear: The extension process involves filling out forms, paying fees, and providing biometric information, which is time-consuming and costly. Additionally, the slow immigration review process creates constant anxiety for students.
- Deterrence of Talented Individuals: With global competition for talent, this policy may discourage students from choosing the U.S., potentially leading them to countries like Canada, Europe, or Australia.
What Could Happen Next?
- Pending Congressional Review: The new policy is currently subject to congressional review, which could result in delays or modifications.
- Impact on Universities: International students contribute significantly to university revenue, especially at private institutions. A decrease in their numbers could lead to financial losses. Many research projects also rely on international participants; without them, universities may face challenges.
- Global Talent Flow: The policy might prompt more Chinese students to pursue education in Canada and Indian students to go to Europe, potentially weakening the U.S.'s competitiveness in fields such as technology and academia.
In summary, this new policy is part of the Trump administration's efforts to tighten immigration controls. However, it may result in the loss of trust from international students, who may feel unwelcome in the U.S. After all, who would want to study in a country where they could be expelled at any time?