Students, media representatives and exchange visitors to the USA will not be able to abuse a loophole in the visa system to overstay or remain in USA indefinitely. The US government of President Donald Trump has made the final amendment to the rules to stop abuse of loopholes. The US Department of Homeland Security (DHS) has published a final rule in a series that officially eliminates the “duration of status” loophole that allowed foreign students, exchange visitors, and media representatives to remain in the United States indefinitely without routine government oversight. The new regulation establishes a fixed period of admission for non-immigrant visa holders in F, J, and I classifications. The US government says this rule combats rampant visa abuse, and strengthens national security through regular vetting. A fixed period of admission is currently in place for many other types of non-immigrant visas.

DHS Secretary Markwayne Mullin said that since 1978 foreign students have been admitted into the U.S. indefinitely, literally becoming ‘forever students.’ This allowed thousands to abuse the immigration system by perpetually enrolling in courses to avoid having to leave the U.S. With clear, finite limits on these visas, the screening and vetting will become very difficult. Going forward, non-immigrant students (F visas) and exchange visitors (J visas) will be admitted for the length of their specific program, not to exceed a maximum period of four years. Visa holders needing additional time to complete an academic program must formally apply for an Extension of Stay (EOS) directly through U.S. Citizenship and Immigration Services (USCIS). The time allowed for F-1 students to prepare for departure, transfer schools, or change status following graduation is reduced from 60 days to 30 days. The rule introduces strict limitations on academic changes.
The final rule will publish in the Federal Register shortly and will go into effect 60 days after publication in the Federal Register.