A U.S. federal court has temporarily blocked the Department of Homeland Security’s attempt to limit the ability of international students on F-1 and J-1 visas to remain in the United States and to make extensions beyond four years more challenging.
Since the rule was filed on July 17, over 22,000 public responses were documented.
The University of Missouri hosts roughly 1,600 international students, many of which are pursuing graduate degrees, according to data collected by the International Programs. Undergraduate students hoping to remain in Columbia after graduation will have a much more complicated process ahead of them. The university declined to comment due to pending litigation.
Duration of status limits
On Sept. 3, there was a federal court hearing on the change. Following the session, a ruling was expected to be made on Tuesday.
However, the judge ordered a preliminary injunction for postponement. The next hearing will occur on Oct. 2.
The main difference pertains to the “Duration of Status.” Prior to this rule change, international students on F-1 and J-1 visas were able to remain in the United States for however long their I-20 detailed without any issue, as long as they were a current student in good standing with their university. There was even a buffer period after completing a degree where students could remain in the states briefly following their graduation.
Under the new federal rule, students are now given a fixed amount of time to remain in the U.S., which is dependent on how long a given program is projected to take. The maximum is four years.
Students who may need more time than their given period permits are now required to apply for an Extension of Stay with the U.S. Citizenship and Immigration Services prior to the actual expiration date. If a student misses the 30-day pre- and post-program buffer window, they must leave the country and seek readmission. Before the change, students had 60 days.
If a student is denied an extension or readmission, there is no grace period. In order to be awarded an extension, students must meet specific criteria. Simply needing to retake courses due to poor academic performance or suspension will not grant a re-entry.
Still, the process of changing majors or pivoting career paths carries much more risk now for international students. This is even more evident in graduate degrees, as transferring and degree changes are no longer viable.
For now, students on F-1 visas will be able to carry out their stay and complete given degree programs. However, it will be much more complicated when re-entering the country or seeking extensions.
Additionally, if an international student leaves the country, they may be required to file a new visa abiding by the new policy.