For years, the F-1 student visa has been the gateway to the United States for many foreign residents. Many of whom would complete an undergraduate degree and go straight into a postgraduate program before transitioning into OPT or H-1B. Some international students even use F-1 to attend a U.S. high school.
However, proposed changes to the F-1 student visa may make such paths significantly more challenging and riskier. Some students may be better served by utilizing the EB-5 investor visa program if they want to ensure their long-term ability to remain in the U.S.
Proposed F‑1 Visa Changes
The proposed changes are far-reaching and would significantly alter the outlook for many international students.
Ending “Duration of Status” in Favor of Fixed-Term Admission
The Department of Homeland Security (DHS) has proposed replacing the flexible “duration of status” (D/S) model, which allowed students to stay as long as their academic program continued, with a fixed admission period tied to their program, capped at four years. After that, students must apply for an extension through USCIS.
Shorter Grace Period & Extension Requirements
The current 60-day grace period post-completion would shrink to 30 days, increasing pressure on students to act promptly. Extensions of stay would require filing Form I‑539, submission of biometric data, financial documentation, and possibly interviews.
Restrictions on Academic Flexibility
- No program or major changes during the first year unless approved by SEVP (e.g., in case of institutional closure or natural disasters).
- Graduate students would not be allowed to change programs midstream at all.
- Double degrees (e.g., double bachelor’s or dual master’s) would not be allowed; progression must move to a higher educational level only, such as from a bachelor’s to PhD.
Limitations for Language and High School Programs
English-language programs would be capped at two years, including breaks and vacations. Public high school programs would likely be limited to 12 months.
Additional Administrative Burden, Cost, and Screening
- Increased fees and paperwork, including visa integrity surcharges, I‑539 filings, and biometrics, raising both financial and administrative burdens.
- Heightened screening through social media checks and background investigations as part of broader national security measures.
Practical Impact on International Students
Increased Uncertainty and Stress
Setting fixed expiry dates, even mid-program, introduces instability. PhD candidates or combined-program students may face midcourse visa renewals, potentially interrupting studies.
Disruption to Work Opportunities
Optional Practical Training (OPT), particularly STEM OPT extensions, could be jeopardized by fixed-term durations and added requirements, limiting job experience opportunities after graduation.
Elevated Costs & Bureaucracy
With extension fees, legal representation, interview appointments, and biometrics, students face greater financial and time burdens.
Decreased Flexibility
Limitations on shifting majors or programs, especially for graduate students, reduce academic adaptability. This rigidity can particularly hurt those whose interests or careers evolve during initial study phases.
Risk of Falling Out of Status
Strict time limits and reduced grace periods increase the risk of accruing unlawful presence, potentially resulting in re-entry bans of three to ten years.
Why EB‑5 Might Be a Better Option
The EB-5 program offers a direct path to permanent residence (a Green Card) for individuals who invest either $800,000 in a Targeted Employment Area, and can demonstrate that their investment led to the creation of at least 10 full-time U.S. Compared to the F-1 visa route, the EB-5 program presents several key advantages.
Most notably, it provides a clear path to permanent residency, bypassing the temporary and often uncertain nature of F-1 status. It also offers greater long-term security without the need for frequent renewals. Unlike the F-1 visa, the EB-5 route frees applicants from academic constraints such as restrictions on changing majors or the risk of visa expiring during their studies.
The DHS’s proposed overhaul of F‑1 visa rules marks a major shift from flexible, status-based stays to rigid, fixed-term limits laden with administrative complexity. For international students, this translates into uncertainty, elevated costs, lost flexibility, and increased risk of falling out of status.
In contrast, the EB‑5 investor route offers long-term stability through permanent residency. For families with sufficient means, especially those worried about the tightening F‑1 visa environment, EB‑5 may provide a safer, more predictable alternative.
The above article is intended for informational purposes. Anyone with a specific issue pertaining to an F-1 visa should consult an experienced immigration attorney.
