A recently proposed regulation on international student (F-1) visas introduces strict new limits on how long students can stay in the United States and creates serious consequences for graduate students who simply want to change their major.
Under the old rules, known as “duration of status,” international students could stay in the country for as long as it took to finish their degrees. Under the new Department of Homeland Security (DHS) policy, international students studying in the U.S. would be capped at just four years. Once those four years are up, they would have to officially reapply and hope they get approved to continue their studies, or pack their belongings and return to their home country.
The “grace period” after graduation is being cut in half. Previously, students had 60 days after graduating to figure things out. Under the new rules, they would have only 30 days to find a job, enter a post-grad program, or leave the country.
For students hoping to work in the U.S. after graduation, the process could become even more difficult through changes to Optional Practical Training (OPT). OPT allows eligible F-1 students to work in the U.S. in a field related to their studies after completing their degree; a separate DHS proposal would require schools to pay a $70,000 fee for each OPT recommendation, with an additional $30,000 fee for later recommendations. The high cost could make universities hesitate in supporting OPT for international students, making an already complicated process even harder.
The rules were supposed to take effect in mid-September, but due to heavy pushback, a federal judge temporarily paused them. The executive branch can make these changes because immigration is closely connected to foreign affairs, and federal agencies have the authority to create regulations within the laws passed by Congress.
According to Assistant Dean of Students and social sciences teacher Ackim Mpofu, it all comes down to how the Constitution divides power. Because immigration falls closely under foreign affairs, the executive branch has the authority to set the new rules.
“Passing a regulation is much easier and faster than making a new law,” Mpofu said. “To pass a law, you have to propose a bill, send it through the House and the Senate and get a majority vote. With America being so divided, it’s really hard to pass a law. It could take three to four years. Changing a regulation can take two days. The choice is easy.”
So, why did the DHS propose this regulation in the first place? According to the agency, a major goal is to stop visa fraud and protect national security. The government argued that under the old system, students could find a loophole by continually enrolling in new degree programs just to avoid leaving the country.
Mpofu summarized the government’s argument for the new limits: “The new cap requires them to reapply every four years so the government can vet them.”
Making it harder for international students to stay comes at a huge cost. Educational advocates argue that the U.S. will lose global talent if the system becomes too difficult. Sarah Spreitzer, vice president at the American Council on Education, expressed major concerns about the strict new rules preventing students from changing their majors.
“I worry about the fact that you’re creating this second class of students,” Spreitzer recently shared on a higher education podcast, noting that domestic students don’t face these same hurdles.
“International students bring massive benefits: they pay tuition, contribute to the economy and spark innovation,” Mpofu said. “When those students invent things or start companies, they usually do it right here in the U.S.”
Universities lose economically, too. International students often pay full tuition, so if they stop attending, schools lose a significant portion of their budgets. This means there will be fewer resources and opportunities on campus for American students as well.
For graduate students, the new rules create a completely different type of burden. In graduate-level science and research programs, shifting a thesis topic or finding a better career path that changes your major is a totally normal part of academic life. But under this proposed rule, graduate students would be prohibited from changing their major at any point during their studies.
If a student decides to switch concentrations midway through, federal tracking systems would flag them. This leaves graduate students stuck between conducting their research and risking their legal right to remain in the country.
If these regulations are accepted, universities can claim the rules are unconstitutional and sue the government, which is exactly why the rule is currently paused in court. But fighting the government is risky.
“It’s difficult for universities to go against the government when the government can threaten to pull millions in funding for science and innovation,” Mpofu said.
For now, the debate over how to handle student visas continues to bounce between the executive branch and the courts. And because these are executive regulations, not permanent laws, the rules can change completely whenever a new president takes office, leaving international students stuck in the middle.