Amid ongoing legislative inactivity in Congress, a new administrative final rule has been implemented to ensure foreign students comply with their visa requirements in the United States. Most foreign students enter the U.S. on an F-1 visa, which permits undergraduate or graduate study, while some hold J-1 visas for international exchange visitors.
Under the current system, student visa holders are allowed to stay for the "duration of status," meaning they can remain as long as they are enrolled full-time. However, the new rule requires students who wish to pursue additional degrees, such as a master's or PhD after their bachelor's, to leave the country and apply for a new visa. They must demonstrate to consular officers that they are credible students, can financially support their studies, and intend to return home upon completion.
The rule also addresses the Optional Practical Training (OPT) program, which allows foreign students to work in the U.S. for up to one year, with an extension of two years for those with STEM degrees. Employers hiring foreign workers on OPT are not required to pay into Social Security and Medicare, effectively receiving up to a 15% discount compared to hiring American workers.
This administrative action is seen as a step toward greater accountability in the visa system, responding to concerns that some foreign students have prolonged their stay by dragging out degrees or engaging in activities unrelated to their studies.
Senator Marco Rubio has pushed back on concerns from India regarding U.S. visa restrictions, emphasizing that the policy must prioritize American interests under the Trump administration.
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