The Biden administration has formally revoked a proposal proposed by the former Trump administration that attempted to limit the validity of international student visas to four years, or two years in some cases. In other words, the concept of "duration of status" was to be replaced with "length of stay."
International students will be allowed to stay in the United States for as long as they are enrolled in classes - there will be no set end date. In other words, the procedure of applying for ‘duration of status' in the United States will continue.
The New York Times, in an analysis of the spring agenda (which was also the Biden administration's first plan), noted the following: There will be no set deadline. In other words, the procedure of applying for ‘duration of status' in the United States will continue.
The formal notice retracting the proposed rule, which dates from the Trump administration, was published in the Federal Register on July 6. This decision would undoubtedly thrill the over 2.02 lakh international students from India now studying in the United States (according to the Open Doors Report – November 2020) as well as students who wish to study in the United States.
The Department of Homeland Security (DHS) claimed in this formal notification that it received over 32,000 comments throughout the 30-day public comment period.
More than 99% of comments were against the proposed rule. Less than 1% of commenters indicated support for the proposed regulation, with such commenters often supporting the rule because they believe it will improve their lives.
It was thought that it would curb illegal immigration, protect American workers, and prevent espionage.
The large majority of those who opposed the proposed regulation pointed out that visa extensions, which would be required if the rule were to be implemented, would place a tremendous burden on international students. If the extensions were not accessible in a timely manner, it would be damaging to the interests of US employers.
As is well known, overseas students can participate in optional practical training after completing their studies (OPT). Students in scientific, technology, engineering, and mathematics (STEM) fields must have three years of work experience, while others must have one year. The OPT programme would have involved applying for a job.