Harvard Urges International Students to Return Before Visa Changes

Harvard University has issued a warning to international students and scholars regarding imminent changes to visa regulations. The Department of Homeland Security (DHS) is set to implement new rules on September 15, 2023, which will alter the current system of 'duration of status' for F-1 and J-1 visa holders.

The university's International Office has advised that any student or scholar physically present in the United States when the new regulations take effect will be treated differently compared to those who leave and then return after this date. This warning is particularly pertinent for those planning to travel in the fall.

The final DHS rule, which was published on July 17, 2023, will replace the existing policy that allows students to remain in the country as long as they maintain their academic eligibility. Instead, students will receive fixed admission periods and an 'Admit Until Date' on their Form I-94. Generally, this date will align with the end date of the academic programme but will not exceed four years.

Under the transition provisions, those who are already maintaining their status on September 15 may continue under the previous framework. For F-1 students, this could extend to the programme's conclusion or an approved post-completion work period, judged against the same four-year limit.

Conversely, students who exit the US and seek re-entry after September 15 will enter under the new guidelines, with their Form I-94 indicating a specific expiration date rather than the traditional 'D/S' (duration of status) notation. This distinction underscores the urgency of the advice from Harvard's International Office, urging careful consideration of international travel before the new rules are enforced.

Similar advisories have been issued by other academic institutions; for instance, North Carolina State University has also cautioned students that travelling abroad post-September 15 could lead to loss of the beneficial transition arrangements.

The most significant alteration with the upcoming regulations is the cessation of the duration of status system. Presently, F-1 visa holders admitted under D/S can remain in the US while complying with programme requirements. From mid-September, however, new admissions will carry the new fixed 'Admit Until Date.' Those requiring additional time beyond the date indicated on their I-94 will typically need to apply to the US Citizenship and Immigration Services for an extension, a departure from the previous practice where universities played a crucial role in extending programme dates.

Furthermore, the new regulations will also shorten the grace period for F-1 students. Under the revised framework, students will generally receive a 30-day grace period after completing their course or authorised practical training, as opposed to the existing 60-day period. However, those who remain covered by the transition provisions may retain the longer grace period.

The rule will also impose new restrictions concerning changes in academic programmes, institution transfers, and certain modifications to educational plans, which are particularly relevant for Indian students contemplating travel around the September change. They are advised to review their I-20, visa, and I-94 status and consult their university's international office prior to departure. Understanding how the new extension procedures may affect their time in the US will also be crucial for students planning to complete their degrees or apply for Optional Practical Training (OPT) or STEM OPT.

The impending regulations are currently facing a legal challenge. Various higher education organisations and labour unions have filed a suit against the DHS, contending that the department has not adequately justified the transition and that it could compromise universities' capacity to attract and retain international students. The plaintiffs are seeking a preliminary injunction from a federal judge to halt the rule while the case is pending. Harvard is affiliated with several organisations involved in the litigation, including the Presidents’ Alliance on Higher Education and Immigration and the Association of Independent Colleges and Universities in Massachusetts.

As it stands, the DHS regulation is scheduled to be implemented on September 15, 2023. Consequently, universities are advising international students to stay informed and attentive to official information, particularly before making any travel plans.