New U.S. student visa regulations have been suspended by the court. Applications for studying abroad need to pay attention to policy variables
Quick Look
- The new international student visa regulations originally scheduled to be implemented by the U.S.
- Department of Homeland Security on September 15 were suspended by a federal court in Massachusetts with a nationwide preliminary injunction order without sufficient explanation of reasons.
- The new regulations will change the validity period of status and shorten the departure preparation period.
AI-generated summary
Why It Matters
The U.S. Department of Homeland Security originally planned to modify the "validity period of status" system for F and J visa holders, changing it to a fixed period of stay and shortening the departure preparation period. However, the day before the policy took effect, a federal court in Massachusetts issued a nationwide preliminary injunction to suspend its implementation due to insufficient reasons.
There have been changes in the U.S. student visa policy. The new regulations, originally scheduled to be implemented on September 15, were blocked by a federal court with a nationwide preliminary injunction the day before they came into effect. Currently, international students are still subject to the existing system, but the lawsuit has not yet ended. As the early-bird application deadline for some universities in the United States approaches on November 1, students studying abroad are reminded that in addition to their school, subject, and language scores, students applying to study in the United States this year should also factor possible changes in visa policies into their school selection and study plans.
The U.S. Department of Homeland Security originally planned to change the long-term "Duration of Status" system for international students. After entering the country, Category F international students and Category J exchange visitors will switch to a fixed period of stay, which is determined based on the length of the course and shall not exceed 4 years in principle. If they still need to continue their studies beyond the period, they must apply for an extension of stay or re-enter after leaving the country.
Please read on...
This new regulation was originally scheduled to take effect on September 15, but U.S. District Judge F. Dennis Saylor of the Federal District Court in Massachusetts ruled on September 14 to suspend its implementation. The court held that the U.S. Department of Homeland Security did not fully explain its reasons for changing the nearly 50-year-old system, nor did it fully consider less restrictive alternatives. At present, the "validity period of identity" system continues to apply, but this is only a preliminary injunction, the relevant litigation is still ongoing, and the new system has not been permanently revoked.
Under the current system, Category F international students usually do not set a fixed departure date directly upon entry. As long as they continue to meet student status and relevant regulations, they can stay in the United States according to the approved course and internship period. The new system, which was originally blocked by the court, also planned to shorten the departure preparation period for F-1 students after completing their studies from 60 days to 30 days, and add procedures such as extension of stay; these changes have not yet taken effect.
TutorABC's study abroad agency stated that there are still variables in the U.S. visa policy. When choosing a school, in addition to school grades and language scores, applicants should also understand the school's credit structure, average years of study, and internship qualifications. Those who are interested in studying in the United States after graduation can also pay attention to whether the department has STEM OPT qualifications, and take study time, visa, and internship planning into consideration when choosing a school.
What to Watch
AI outlook — possibilities, not facts
The U.S. Department of Homeland Security will provide additional clarifications or adjust new content during the litigation process.
Possible · Within months
Some science and engineering departments with STEM OPT qualifications will become priority targets for international students.
Likely · Within weeks
Open Questions
- What will be the final outcome of the lawsuit?
- Will the new system be restarted in the future?
- How should international students plan for the long term to respond to policy changes?







