The US Department of Homeland Security (DHS) has submitted a final resolution that abolishes the concept of «duration of status» for nonimmigrant students, exchange program participants and journalists from abroad, replacing it with fixed periods of stay in the country and enhanced federal supervision. The Trump administration is closing the possibility of indefinite stays on student visas, which will directly affect thousands of Kenyan citizens studying in the United States. The agency emphasizes that the old regulations gave foreigners the opportunity to stay in the United States for years, simply endlessly enrolling in new training programs instead of returning home.
According to DHS, the current transformations are aimed at combating visa fraud, tightening immigration supervision and strengthening state security.
According to the updated regulations, holders of student visas of category F and visas for participants of exchange programs of J will now be able to stay in the country only for the period of implementation of their curriculum, but no longer than four years. Up to this point, students had been using the «indefinite duration status» regime, which allowed them to legally stay in the United States indefinitely if they complied with the conditions of the visa through their universities. The DHS stressed that a similar procedure has been in operation since 1978. Students who need additional time to complete their studies are deprived of the possibility of automatic renewal through educational institutions. Now they will have to independently submit requests to the US Citizenship and Immigration Services (USCIS) to obtain an extension of their stay (EOS).
According to DHS, each application will be subject to biometric identification, background checks, and analysis for possible fraud before being approved. The agency explained that this measure transfers the authority to approve extensions from university staff to federal agencies.
The new rules also reduce the time window available to international students to stay in the United States after graduation. Previously, F-1 visa holders had 60 days to prepare for departure, change their educational institution, or adjust their immigration status, but now this grace period is only 30 days. DHS has also set stricter limits for those who plan to change their course of study while already in the United States. These innovations will affect not only new participants. DHS explained that international students who are already staying in the country under the old «duration of status» system will be automatically transferred to the new regime. Their legal stay will be limited to a maximum of four years, starting from the date of entry into force of the law. The final version of the document will appear in the Federal Register in the near future and will become effective 60 days after its official publication.
The DHS confirmed that the Program for Students and Exchange Program Participants (SEVP) will continue to act as an intermediary between the US authorities and international students. Reporting to the Immigration and Customs Police (ICE), SEVP oversees universities that accept foreigners and monitors F and M visa holders, as well as their family members through the SEVIS system. The Ministry clarified that this program provides monitoring of educational organizations, exchange programs, and students themselves during their studies in the American education system.
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