Proposed Visa Rule Would Hurt Global Talent Pipeline

The groups warned that the changes would undermine the U.S. higher education sector's ability to attract global talent and severely disrupt the academic careers of international students.

The proposed rule, published in the Aug. 28 Federal Register by U.S. Immigration and Customs Enforcement (ICE), would eliminate the longstanding "duration of status" (D/S) policy for F-1 and J-1 visa holders and instead impose fixed terms of admission, typically capped at four years. It would also create a new extension of status (EOS) process, restrict academic program changes and transfers, limit English language study to 24 months, and reduce the post-completion grace period from 60 to 30 days.

In the comments, ACE and the other groups called on DHS to withdraw the proposal entirely. "We believe it is based on flawed data and attempts to address problems that don't exist among our international students and scholars or within the current system," they wrote. "If implemented, the rule would severely restrict the opportunities of international students and discourage them from choosing the United States."

A Rule That Ignores Academic Realities and Creates Unnecessary Bureaucracy

The four-year admission cap is incompatible with academic realities. Many PhD students take six to ten years to complete their degrees. Other common pathways-such as joint degrees, medical residencies, and community college transfer programs-also extend beyond four years. The proposal would require students in these programs to apply for one or more extensions through an untested EOS process that lacks clear timelines and offers no appeals.

"Even for undergraduate students, data from the National Center for Education Statistics shows that international students often take more than four years to complete a bachelor's degree," the comments noted. "The proposed rule would unfairly penalize these students for circumstances beyond their control and place institutions in the untenable position of defending students' academic progress to immigration officials."

The EOS process would create massive backlogs, citing past delays with Optional Practical Training (OPT) approvals that forced students to forfeit job opportunities. Institutions already report student progress through the Student and Exchange Visitor Information System (SEVIS), making the EOS process duplicative and burdensome.

A Step Backward for Flexibility, Equity, and U.S. Competitiveness

The proposed rule would also restrict students' ability to transfer institutions or change majors in their first year-flexibility that domestic students take for granted. It also shifts authority over academic progress from institutions to federal officials.
ACE and the groups noted that DHS already has robust tools to detect fraud and abuse through SEVIS and should not overhaul the system to address isolated concerns. They also criticized the shortened grace period for international students to leave the country after completing their studies, which would add unnecessary stress and complexity.

The associations are urging DHS to withdraw the rule and instead engage meaningfully with the higher education sector. Should DHS move forward, the comments called for changes to ensure the final rule accounts for the real-world needs of students and institutions.