Draft rules: F-1 visa students in US barred from changing courses, universities in 1st year
New Delhi: The US Department of Homeland Security (DHS) has unveiled a draft regulation that could alter the conditions for international students studying on F-1 visas. The proposal outlines limits on academic flexibility and introduces tighter rules around programme changes and the duration of stay.
According to the draft, undergraduates on F-1 visas would not be permitted to switch majors, change programmes, or move to a different education level during their first year. Exceptions may only be granted by the Student and Exchange Visitor Program (SEVP) in rare circumstances, such as institutional closure or extended disruption due to a natural disaster.
The rule also prevents students from re-entering under F-1 status for another programme at the same or lower level once they have completed one degree. Fragomen, a global immigration law firm, noted in its report that implementing these restrictions would require updates to the Student and Exchange Visitor Information System (SEVIS). DHS has acknowledged that if technical modifications are not possible, the changes may be postponed.
The plan shifts F-1 visas to a fixed period of stay, capped at four years, with a 30-day grace period. Extensions would require approval from US Citizenship and Immigration Services, creating additional paperwork and costs. “The immediate accrual of unlawful presence after the authorised period could significantly increase the risk of re-entry bans,” Fragomen highlighted, pointing to possible three- or ten-year penalties for overstays.
Another proposed change removes deference to prior approvals, meaning past extension approvals will not guarantee future acceptance. This could lead to more documentation requirements and potential denials.
Universities are expected to respond during the 30-day public comment window. Education leaders have signalled concerns that stricter visa terms could deter international students, affecting the competitiveness of US higher education.
