A new proposal from the United States Department of Homeland Security (DHS) seeks to limit the stay of international students to a maximum of four years. Far from being just a technical adjustment, this change could significantly increase interest in the EB-5 Programme as a more secure pathway to permanent residency.
Over one million students from countries such as China, India, South Korea and those across Latin America travel to the United States each year for world-class education and broader opportunities. However, this proposed DHS measure may fundamentally reshape how students and families plan for the future.
The measure would limit the length of stay for F-1 (students), J-1 (exchange), and M (vocational) visa holders. It replaces the current ‘Duration of Status’ (DS) model, which allowed students to remain as long as they were enrolled in a qualifying programme, with a stricter four-year cap.
Beyond administrative changes, the proposal could indirectly encourage more international students and families to explore the EB-5 Programme, which offers lawful permanent residence through investment in government-approved commercial projects.
1. What Exactly Is DHS Proposing?
The proposed rule, published in the Federal Register, introduces several restrictions:
– A fixed four-year stay for F-1 and J-1 visa holders
– A 240-day limit for I-visa holders (foreign media representatives)
– Removal of the DS (Duration of Status) concept which previously allowed flexibility through continuous academic enrolment
It also threatens the flexibility of Optional Practical Training (OPT), which currently allows up to three years of authorised work after graduation. DHS argues this is to prevent visa abuse and reinforce national security, but many stakeholders believe it introduces new uncertainty for students relying on the F-1 visa to build a longer-term immigration plan.
2. Immediate Impact: Risks for F-1 and OPT Students
Historically, many students have used F-1 and OPT periods to remain in the United States while transitioning to a more permanent immigration category such as EB-5. For example:
– A graduate student might enrol in another degree programme while their I-526E petition is under review.
– Others use OPT to gain experience while waiting for their I-485 adjustment of status to be processed.
Under the new rule, such strategies may no longer be feasible. Immigration attorneys warn that this shift could increase the risk of falling out of status and jeopardise an applicant’s ability to remain in the country while pursuing the EB-5 route.
This leaves students with two options:
1. Leave the United States and wait abroad, potentially losing valuable time and job prospects
2. Invest earlier in an EB-5 project and remain in the U.S. with benefits such as work permits and travel authorisation
3. EB-5 as a Safer, Faster Option
While the proposed rule may seem restrictive, experts note that it could boost EB-5 demand. Immigration experts explains that with DS and OPT under threat, more students will consider EB-5 earlier.
Thanks to the 2022 changes in immigration law, concurrent filing allows applicants to:
– Submit both the I-526E (EB-5 petition) and I-485 (adjustment of status) simultaneously
– Receive work permits (EAD) within months
– Apply for Advance Parole to travel while their application is pending
This makes EB-5 one of the few viable options that allows students to continue studying or working without interruption, while securing long-term immigration outcomes for themselves and their families.
4. China’s Case and the Role of Set-Asides
Chinese applicants, long the largest group in the EB-5 market, often face visa retrogression and backlogs. DHS’s new rule may prompt earlier EB-5 applications to avoid further complications.
To address processing times, EB-5 reforms introduced visa ‘set-asides’ for:
– Rural areas
– Infrastructure projects
– High unemployment zones (Targeted Employment Areas)
These reserved visas tend to move faster through the system. However, even with set-asides, demand among Chinese nationals could soon exceed supply, urging families to act early.
5. Competition from the H-1B Visa
The H-1B visa has traditionally served as the go-to work permit for international graduates, but it has become less reliable in recent years:
– In 2024, over 750,000 applicants competed for just 85,000 H-1B slots
– A revised selection system now prioritises salary and specialised skills, disadvantaging recent graduates
Compared to H-1B, EB-5 offers greater control, does not depend on employer sponsorship, and supports the immigration of entire families. This makes EB-5 a far more appealing alternative in today’s climate.
6. Scrutiny of F, M, and J Visas Is Increasing
F-1, M, and J visas now face increased scrutiny, including:
– Detailed checks on academic performance and funding
– Expanded social media screening for security purposes
– Unpredictable renewal and extension procedures
This growing uncertainty has led many students to view the EB-5 Programme as a more stable and reliable option for residency in the United States.
7. What Comes Next in the Rulemaking Process?
The DHS proposal is open to public comment until 27 October 2025. After the comment period:
1. DHS will review feedback and may revise the rule
2. A final version will be published in the Federal Register
While some changes may be softened following public response, immigration attorneys believe the direction of travel is clear, “Even if the final rule is more flexible, the general tightening of F-1 visa policies will continue. EB-5 remains a dependable solution in this evolving environment.”
A Defining Moment for Global Students and Families
The potential elimination of ‘Duration of Status’ and increased restrictions on student visas could reshape the future of international education in the United States.
In this environment, the EB-5 Immigrant Investor Programme stands out for its ability to:
– Offer permanent residency through a qualifying investment
– Enable work and travel benefits through concurrent filing
– Provide a long-term, family-oriented immigration strategy
Forward-thinking students and parents are already adapting. By acting early and investing in reliable EB-5 projects, particularly those in rural areas, they are positioning themselves for success in an increasingly complex immigration landscape.
In uncertain times, EB-5 is not merely an alternative. It is the safest path forward.
