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Trump Tightens Visa Rules, Capping Student Stays at Four Years and Press Visas at 240 Days

Source
Korea Economic Daily

Summary

  • The Trump administration said it would limit the stay periods for F visas, J visas and I visas, increasing uncertainty for foreign students and journalists in the US.
  • The new rule adds procedures including extension of stay (EOS) applications and direct reviews by the Department of Homeland Security, increasing the administrative burden and risk for affected visa holders.
  • Reduced school discretion and tighter enforcement of unlawful presence calculations will make it harder to accept foreign students and expand the risk of penalties such as future reentry bans.

Forecast Trend Report by Period

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Student F visas capped at four years, with extensions available

Uncertainty rises for Ph.D. students and other long-degree programs

Journalists also must renew visas every eight months

Photo: Shutterstock
Photo: Shutterstock

The Trump administration on July 16 released a final rule sharply limiting how long foreign students, exchange visitors and journalists can stay in the US.

Student visa holders on F visas and exchange visitors on J visas will be allowed to remain for up to four years. After that, they must separately apply for an extension. Stays for journalists on I visas will be capped at 240 days, with extensions permitted.

The Department of Homeland Security published the final rule in the Federal Register on July 16, setting specific stay limits for F, J and I visa holders. The rule is scheduled for formal publication on July 17.

Under the new framework, F-1 students had previously been allowed to remain in the US until they completed their studies. Going forward, their stay will be limited to four years even if they have not finished their program. To remain beyond that point, they must go through the extension of stay, or EOS, process. J visa holders will also face a four-year cap and must use the EOS process to stay longer.

I visas for reporting had not previously carried a separate time limit. They now will be capped at 240 days. As with F and J visas, holders may seek extensions through EOS. I visas for Chinese nationals, excluding those from Hong Kong and Macau, will be limited to 90 days.

The rule is set to take effect 60 days after its formal publication on July 17. Its effective date could still change during congressional review.

Separate transition rules will apply to people already in the US on those visas. F and J visa holders may remain under the current system until their program ends, but not for more than four years from the rule’s effective date. I visa holders will be granted up to 240 days starting from that date.

The document says F-1 students who are already in the US on the effective date and apply within 244 days after implementation for Optional Practical Training, or OPT, or a STEM OPT extension will not need to file a separate Form I-539 for an extension of stay. They need only submit Form I-765 for employment authorization. They may remain in the country until the expiration of their approved Employment Authorization Document, or EAD, without a separate EOS filing.

The move is part of the Trump administration’s broader anti-immigration push, including an expanded crackdown on undocumented immigrants. Homeland Security said the change is intended to address national security concerns tied to student visa programs and related categories.

The new rule still allows extensions of stay, but it adds procedures that did not previously exist, increasing uncertainty for affected visa holders. Previously, schools decided whether to extend the stay of F and J visa holders. Under the new system, Homeland Security immigration officers will periodically review whether holders remain eligible to stay and whether they have violated any laws.

For schools, the change will sharply reduce discretion and make it harder in practice to admit foreign students. If someone is caught remaining beyond the authorized period, unlawful presence will begin accruing immediately, raising the risk of penalties including future bans on reentry.

About 1.2 million foreign students are estimated to be continuing their studies in the US. According to the South Korean Embassy in Washington, there were 24,722 South Korean holders of F, J and I visas as of last year. That total included 11,861 F-1 visa holders and 1,347 dependents on F-2 visas. There were also 7,985 J-1 visa holders, including visiting scholars and exchange professors, and 3,180 dependents on J-2 visas. I visas totaled 349, including correspondents and other journalists as well as family members.

Washington — Lee Sang-eun, correspondent, Hankyung, selee@hankyung.com

#Student Visa
#Anti-immigration Policy
Korea Economic Daily

Korea Economic Daily

hankyung@bloomingbit.ioThe Korea Economic Daily Global is a digital media where latest news on Korean companies, industries, and financial markets.

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