US tightens immigration rules; limits stay of international students, exchange visitors

The United States Department of Homeland Security (DHS) on Thursday announced a proposed rule to fix the stay period for students from abroad, exchange visitors and foreign journalists to encourage the compliance of program and improve national security.

“The Notice of Proposed Rulemaking, Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Non-immigrant Academic Students, Exchange Visitors and Representatives of Foreign Information Media, proposes to remove the duration of the status framework that currently allows aliens in F, J and I classifications to remain in the United States for as long as they maintain compliance with the terms of admission," read an official statement issued by the DHS.

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Ken Cuccinelli, Senior Official of DHS said the rule would create a fixed time period of admission for foreign citizens and those consistent with most other temporary visa classifications. It will still allow them an opportunity to legally extend their stay or re-apply for admission where required, he added.

"Amending the relevant regulations is critical in improving program oversight mechanisms; preventing foreign adversaries from exploiting the country's educational environment, and properly enforcing and strengthening US immigration laws," Cuccinelli said.

Under the proposed rule, the F or J non-immigrants would be admitted into the country up to the last date of their program without any extension, unless DHS determines that the person requires a shorter period of authorised stay, in that case, the admission would be limited to two years.

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Stay limited to planned activities

Foreigners associated with high visa overstay rates (rates greater than 10% for student and exchange visitors) will be limited to a two-year fixed period of stay to enhance monitoring, prevent immigration violations and encourage timely departure, the statement said.

"Additional factors that may trigger a two-year period of authorised stay include an alien's birth or citizenship from a country on the State Sponsors of Terrorism list; whether a school or program sponsor is an E-Verify participant in good standing; and, for F non-immigrants, whether a school is accredited by an accrediting agency recognized by the Secretary of Education.

Lawfully present F or J non-immigrants who were admitted for the duration of status will automatically have their stay extended up to the program end date, not to exceed four years, once the final rule is effective," the DHS further said.

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The Department has proposed initially admitting most I non-immigrants for a period of time that is necessary to complete the planned activities, with an opportunity to extend their stay for a maximum of 240 days, based on the length of relevant activities.

"Other updates found in the proposed rule include decreasing an F nonimmigrant's period to prepare for departure from 60 to 30 days; collecting routine biometrics from F, J and I non-immigrants seeking an extension of stay; establishing clear eligibility criteria for F nonimmigrants seeking an extension of stay, and defining a foreign media organisation consistent with US Department of State and DHS policy," the statement added.

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(With inputs from agency)