DHS Withdraws Proposed Rule on Student Visas

On Friday, July 2, DHS submitted a notice of withdrawal of a Trump-era rule that would have limited the amount of time students and other non-immigrant visa holders were allowed to stay in the country. Under existing law, foreign students are able to remain in the country for the duration of their educational program. The rule, proposed by the Trump administration in September 2020, would have created a fixed time limit whereby the visa holder would have had to complete their education and leave the country. The proposed rule being withdrawn applied to F, I, and J visas.

The withdrawal follows President Biden’s Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans (14012).