冯净律师话移民 All About Immigration

Jing Feng Law Group is an immigration law firm that provides full range legal services to businesses, individuals, educational and research institutions. As the founding partner, Jing Feng has practiced immigration law for more than ten years. She has represented and advised clients on all aspects of the US immigration matters and nonimmigrant visas, including but not limited to EB-1A, EB-1B, EB-1C, EB-5, NIW, PERM, H-1B, L-1, J-1, TN, and O-1 applications. Through this channel, she is sharing with you her expertise on U.S. visa and permanent residency.
冯净律师在纽约从事商业移民十余年。她为各类商业机构，大学，研究机构和个人提供全方位的职业移民服务。多年的职业经验和勤力的服务使冯律师成为业内的顶尖商务移民律师。她被美国法律协会评为2018年杰出律师。冯律师在杰出人才；杰出教授/研究人员；跨国公司高管投资移民；国家利益豁免；第二类优先劳工证；第三类优先劳工证；H-1B 工作签证, L-1 跨国公司经理工作签证, O-1 杰出人才工作签证的申请方面有丰富的工作经验。通过这个频道，冯律师将和大家分享关于美国工作签证及移民的经验。

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冯净律师话移民 All About Immigration

留学生身份界定的提案目前正在搜集公共评论。评论对这个正常的最后落地非常关键。这是我的评论，供大家参考。评估需要依据自己的观点来起草，不要直接搬用。

www.regulations.gov/document/ICEB-2025-0001-0001/c…

如果这个链接无法发布，请搜索federal Register. 然后搜索： Establishing a Fixed Time Period of Admission，在8月28号发布的文件里，点击 public comment. 就可以留言的。可以不记名留言。

I respectfully submit this comment to oppose key provisions of the Department of Homeland Security’s proposed rule ending “Duration of Status” (D/S) admissions for F-1 (students), J-1 (exchange visitors), and I-1 (foreign media) nonimmigrants. Under the proposal, these categories would be admitted for a fixed four-year period rather than for D/S, and students would be restricted from pursuing certain programs or degrees.

Having represented many international students and scholars in immigration matters, I believe these changes would undermine the U.S. higher education system, burden government agencies, and close doors to valuable global talent. My opposition focuses on three key areas:
1. Fixed Four-Year Admission Does Not Align with Academic Realities and Will Burden USCIS
Unlike most nonimmigrant categories, F-1 and J-1 students are admitted for D/S precisely because higher education does not follow rigid timelines. Programs often exceed four years, and students frequently require flexibility to change programs, switch majors, or extend their studies through Optional Practical Training (OPT).

- In the 2023–2024 academic year, 1.58 million international students studied in the United States, a 5.3% increase from the previous year.
- A record 242,782 students participated in OPT in 2024, a 22% increase, with 95,384 in STEM OPT (a 54% increase).

These numbers show that academic and professional pathways regularly extend beyond four years. Forcing students into repeated extensions will create unnecessary uncertainty for them and add thousands of new filings to USCIS each year, exacerbating delays and administrative backlogs.
2. Restricting Academic Mobility Undermines Student Opportunity and U.S. Institutions
The proposed rule would bar F-1 undergraduates from changing programs or majors during their first academic year and prohibit students from enrolling in a second degree at the same or lower academic level, except in rare circumstances.

This is inconsistent with the reality of U.S. education: students often discover new interests, change majors, or pursue additional degrees to broaden their skills. These choices are not wasted years — they generate personal growth, institutional vitality, and economic benefit.

- International students contributed $43.8 billion to the U.S. economy in 2023–2024 and supported 378,175 jobs.
- Over 90% of international students are enrolled in higher education, with nearly half pursuing master’s programs.

Restricting their ability to explore or shift programs risks deterring them from coming to the U.S. at all, leading to lost tuition revenue and diminished campus diversity.
3. Closing the Door to Interdisciplinary Talents Harms U.S. Competitiveness
As an immigration lawyer, I have helped many outstanding talents secure immigrant petitions based on extraordinary ability or national interest. A striking number of these individuals achieved their success through interdisciplinary training, often by pursuing multiple degrees at the same or even lower levels.

- The National Science Foundation reports that nearly 42% of graduate students in STEM fields engage in cross-disciplinary research or coursework as a core part of their training (NSF Graduate Student Survey, 2023).
- U.S. immigration pathways like the EB-1A Extraordinary Ability and National Interest Waiver (NIW) explicitly recognize and reward interdisciplinary achievement.

Limiting students to a single academic track would deprive the U.S. of precisely the innovators who bridge fields — for example, engineers who study business, or scientists who add law and policy training. These interdisciplinary leaders strengthen U.S. research, industry, and global competitiveness.
Conclusion
The proposed DHS rule ending Duration of Status for F, J, and I nonimmigrants is a step backward for U.S. higher education and immigration policy.

- A fixed four-year limit does not reflect the realities of academic and professional development.
- Restricting academic mobility deprives students and institutions of critical opportunities.
- Prohibiting multiple or same-level degrees closes the door to interdisciplinary talents who have historically driven U.S. innovation and global leadership.

I urge DHS to withdraw or substantially revise these provisions to preserve the flexibility that has long made the United States the world’s premier destination for higher education and talent.