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The planned rule should determine the maximum residence time for student visa holders

The Trump administration announced Wednesday that it intends to propose a new rule in the fall of 2019 on the…

The Trump administration announced Wednesday that it intends to propose a new rule in the fall of 2019 on the establishment of a maximum allowable stay for international students and other holders of certain non-immigrant visas.

The government says that the planned rule is “aimed at reducing the incidence of student crossings in non-immigrant studies and improving the integrity of the student’s visa for non-immigrant studies.” However, proponents of international exchanges are worried that the introduction of such a rule should be able to limit the flexibility of international students and researchers and underestimate efforts by US universities to recruit them. The number of international students in the US decreased during the academic year 201

7-18 after years of continuous growth.

Currently, student visa is usually what is called the length of the status, which means that international students in the United States can stay indefinitely as long as they retain their status as students. Students can terminate their status by not holding a full-time study or working without permission, but as long as they comply with the stipulations associated with their student visa, they can stay in the United States, transfer to other institutions, and progress from one academic level to another. Effectively dictated their duration in the United States through the duration of their academic programs.

The new proposed rule scheduled for September next year would replace the allowed residence time from “status duration” to a certain maximum term for certain visa holders without a visa, including F-1 student visa holder. The announcement published Wednesday does not indicate what the maximum stay time for student license holders would be, but it says there would be options for extensions in each applicable visa category.

“Failure to provide certain categories of non-immigrants with Specific dates for their allowed residence time can cause confusion about how long they can legally remain in the United States and have complicated efforts to reduce overriding rates for non-immigrant students, says a statement that justifies The planned rule. “The clarity created by date-some entry stories will help reduce the surge rate.”

Jill Welch, Executive Vice President of Public Policy at NAFSA: Association of International Educators, issued a statement describing the proposed The change as a break with decades of predecessors.

“For decades, international students and researchers have gained status as status status, or” D / S “lasting for the duration of their studies and internships. They are carefully screened, supervised and supervised by the US Department of Homeland Security Visitor Information and Information System (SEVIS). Keeping this policy is necessary because time for studies or research may fluctuate in view of the students’ changing goals and actions. We are in global competition for talent, and we must ensure our policy welcomes, “Welch said.

She add: “As universities ac ross country works to welcome highly valued, hardworking international students and researchers to our campuses and communities, their efforts are undermined by policies and regulations that further close our doors and pull up America’s welcome mat. “

The trumpet administration has pursued a number of regulatory and subregulatory changes that form the landscape of international education in the United States. Among the most significant were a new change in determining how international students adopted in the United States for the duration of the status will be found to come illegal presence, “a determination that could expose them to future five or ten year olds when returning to the country. Final political guidance issued in August claims that illegal attendance will begin on the day after a student has stopped following a study or otherwise violates his immigration status, rather than – as was the case in previous policy – the day after the Homeland Security Department issues one formal finding of an offense in connection with the receipt of an application for another immigration benefit or the day after a judge issues an expulsion order.

Stephen Yale-Loehr, a professor of immigration law at Cornell University, warned that the planned rule of visa will never be of use. “Historically, there are many things on the Semantic Legislative Agenda that never even make it a proposed rule,” he said. “If that happens, it happens slowly. They have to come up with a suggested rule and then request comments and then they have to look at these comments before they issue a definitive rule and the final rule may be challenged by the courts. worry about this immediately. “

” With such a rule, if such a rule comes into force there are pros and cons, “continued Yale-Loehr.” It would remove some flexibility for people who could take longer than Expected to complete their degrees. On the other hand, the illegal attendance council that came out in August creates a major uncertainty for foreign students because they do not currently have a fixed time limit, so they can be considered illegal. To have a definite duration should at least provide a light line for measurement when illegal attendance should begin. “

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