The U.S. Department of Homeland Security finalized a rule ending “duration of status,” a policy that allowed international and exchange students to remain in the United States for the length of their academic program with no fixed end date.
The rule will take effect Sept. 15 and will apply to F-1, J-1 and I visa holders. Under the rule, F-1 and J-1 visa holders will be admitted for the length of their program, not to exceed four years, plus a 30-day grace period.
Students who need more time must apply for an extension through U.S. Citizenship and Immigration Services, which subjects applicants to biometric vetting, background checks and fraud screening. Formerly, the decision was made by university staff.
The rule also shortens the post-graduation departure grace period for F-1 students from 60 days to 30 days and bars F-1 and J-1 graduate students from transferring universities or programs after they begin their program. Previously, that restriction applied only during a student’s first year.
DHS Secretary and former Oklahoma senator Markwayne Mullin wrote in a July 16 press release that the previous system "compromised national security and created an environment ripe for immigration fraud" by allowing some students to remain in the country indefinitely.
Kit Johnson, a professor at the OU College of Law who specializes in immigration law, said the process is too new to predict.
“Since this is a brand new process that has never existed before, there's really no comparator for us to point to, …” Johnson said. "Unfortunately, that's a big part of the uncertainty that is making international students so nervous.”
According to the International Student Resource Center, the rule requires departing with updated paperwork and reentering the United States for a new date, or filing an I-539 Extension of Stay application, which has a fee of $470 for a paper application or $420 online.
Johnson said students should plan to apply for Form I-539 before their 30-day grace period runs out, or potentially up to six months in advance, based on recent guidance from a Cornell University training session she attended, though formal recommendations are still developing.
It’s still unknown what would happen if an extension is denied, Johnson said, including whether a student would have to leave the country immediately or could remain in the U.S. until the date stamped in their passport.
“There’s a disconnect between the university and the (federal) administration," Johnson said. "A student could lose their right to stay, but nonetheless still graduate or get the diploma or be able to complete credits online or whatever they need to finish their degree. It's just up in the air, like everything else, to see how all of that's going to play out.”
On the question of transferring between schools — an option graduate students may lose under the new rule — Johnson said the change would not apply retroactively.
Omar Horan, a Ph.D. student in electrical and computer engineering on an F-1 visa, transferred from OU-Tulsa to OU's Norman campus about a year and a half into his program, a move Johnson said would likely not be permitted for a graduate student going forward, though Horan's transfer would not be affected since it occurred before the rule takes effect.
“From what I understand, in Ph.D. programs, it is not uncommon for a professor to move and take their research with them to a new institution," Johnson said. "It's unclear whether it would be possible for an international student to travel with that research team, which is normally what they would want to do.”
Horan said the loss of that flexibility could affect students facing circumstances outside their control.
“A lot of problems during Ph.D. time might happen, like your supervisor retired, or the department closed, maybe, or you had some problems with your supervisor and you need to move somewhere else, …" Horan said. "Usually (the) school helps with this transition.”
Horan said OU's international office notified students of the change by email and offered a Zoom meeting, which he did not attend. As a precaution, he said he has extended his own status by a year, though he does not believe he will need the additional time.
Because a student’s fixed admission is calculated at the time they enter the country, Johnson said the change will not immediately affect international students who remain in the U.S. without traveling abroad — it will apply first to the students entering as new freshmen after the rule takes effect, and to any current international students who leave the country and reenter.
Given that, Johnson's advice to international students is direct: avoid travel.
“Don't go home, don't go to New York, unless you're going to drive,” Johnson said. “Don’t fly places, don't leave the country. I just think that is unquestionably the safest advice.”
She also recommended that students traveling internationally, when necessary, make sure their paperwork and online presence — including LinkedIn and other social media profiles — are consistent with their visa status before attempting to reenter the country.
Optional Practical Training and Curricular Practical Training, which allow students to work in the U.S. during or after their program, are not shielded by that same distinction, Johnson said, since applying for those programs counts as a new request subject to the rule regardless of travel.
Mounir Zahidi, a first-year computer science Ph.D. student on an F-1 visa, said he learned about the rule change in mid-July through social media. He said the four year cap adds pressure, since Ph.D. timelines can run longer than that.
“It definitely feels a little bit of pressure because before, the rules were a little bit more lenient, convenient to students, … ” Zahidi said. “It does keep the person a little bit on their toes.”
Zahidi said he has not been able to reach International Student Services after missing the informational Zoom meeting. As of Aug. 28, he still had not been able to schedule an appointment with an International Student Services advisor.
A coalition of higher education associations and labor unions filed a lawsuit Aug. 18 seeking to block the rule nationwide before it takes effect.
A preliminary injunction hearing was held Sept. 3 in federal court in Massachusetts, where U.S. District Judge F. Dennis Saylor IV heard arguments on whether to block the rule before it takes effect Sept. 15. Attorneys for the plaintiffs argued the DHS failed to assess the rule’s costs and benefits, respond to public comments, and consider less burdensome alternatives or provide an adequate comment period. Government attorneys defended the rule as within DHS’s authority and necessary to address national security and fraud concerns. The judge did not issue a ruling, and as of Sept. 14, the rule’s effective date remains in place unless the court intervenes.
The lawsuit does not dispute the government's authority to make the change. Instead, it argues the DHS violated the Administrative Procedure Act by failing to adequately consider roughly 20,000 public comments submitted during the rule's review period, many of which focused on the economic impact of international students on local communities.
“It's great that they're doing it, but I don't think that necessarily will give international students as much comfort as if I could say, ‘They’re not allowed to do this,’” Johnson said. “It's more of a process of how they are doing things.”
OU Marketing and Communications wrote in an email to OU Daily that the university is monitoring the new rule and assessing its potential impact on OU’s operations and enrollment.
“The Office of Immigration Services and International Student Services have provided guidance to impacted students and continue to offer individualized support. OU will comply with applicable federal requirements and keep students informed as developments occur.”
OU Daily attempted to contact OU’s Office of Immigration Services via email, but has not received a response by the time of publication. According to the Office of Immigration’s website, the office is still reviewing the rule and will provide additional guidance as more information becomes available.
Students can find updates through OU's Office of Immigration Services and International Student Services websites. Johnson also pointed students toward the International Student Resource Center, a website offering alerts on immigration policy changes, as well as OU's own international offices.
This story was edited by Macey Thaxton. Parker Newman, Sophie Hemker, Larkin Bock, Tori Pham and Kennedy Johnson copy edited this story.
