A new proposal from the Department of Homeland Security (DHS) seeks to limit the stay of international students in the U.S. to a maximum of four years. Far from being just a technical adjustment, this change could accelerate interest in the EB-5 Program as the safest pathway to permanent residency.

In recent years, the United States has been the top destination for international students: more than 1 million young people from countries such as China, India, South Korea, and Latin America arrive each year in search of world-class education and better life opportunities. However, a recent proposal from the Department of Homeland Security (DHS) could completely reshape this landscape.

The measure seeks to limit the length of stay for those entering with F-1 (students), J-1 (exchange), and M (vocational) visas, setting a maximum duration of four years instead of the current “Duration of Status” (DS), which allowed flexibility as long as the student remained enrolled in an academic program.

Beyond being a technical adjustment, this proposal has a direct impact on thousands of families planning their children’s future in the United States. And, paradoxically, it could create a positive effect on the demand for the EB-5 Program, which offers permanent residency to those who invest in government-approved projects.1. What exactly is DHS proposing?

The rule presented in the Federal Register significantly reduces the flexibility international students have relied on for decades:

• Maximum four-year stay for F-1 and J-1 visas. 
• 240-day limit for foreign media representatives (I-visa). 
• Elimination of the Duration of Status (DS) concept, which previously allowed students to remain as long as they maintained continuous enrollment. 

Additionally, the proposal affects Optional Practical Training (OPT), the period of up to three years in which students could legally work in the U.S. after graduation.

DHS justifies the change as a measure to prevent visa abuse and strengthen national security. In practice, however, it injects uncertainty into the future of thousands of students who used the F-1 visa as a bridge toward more stable immigration status.

2. Immediate impact: risk for those in F-1 and OPT

Traditionally, many international students have used the F-1 visa as a way to buy time while transitioning to permanent residency, including the EB-5 route.

For example:

• A student finishing a master’s in finance might enroll in another graduate program while waiting for USCIS to adjudicate their I-526E (EB-5 petition). 
• Others rely on OPT to gain U.S. work experience while their adjustment of status (I-485) is pending. 

With the new rule, these strategies would become nearly impossible. As immigration attorney Ying Lu warns, “This change heightens the risk of status gaps and may directly jeopardize the ability of EB-5 applicants to pursue adjustment of status.”

In practice, students will face a tough choice:

1. Return home and wait abroad (risking career delays and lost opportunities). 
2. Or invest earlier in EB-5 to secure a stable immigration path, gaining immediate benefits such as a work permit (EAD) and Advance Parole for international travel. 

3. EB-5 as the safer, faster option

While the proposed change sounds restrictive, some experts view it as a potential driver of EB-5 demand. Attorney Tony Wong explains that “ending DS and OPT, along with capping F-1s at four years, will push more students to seek alternatives earlier to remain lawfully in the U.S. EB-5 is the best option because of concurrent filing.”

Concurrent filing, introduced in 2022, allows applicants to:

• File the I-526E (EB-5 petition) and the I-485 (adjustment of status) at the same time. 
• Obtain a work permit (EAD) in just a few months. 
• Request Advance Parole to travel abroad while their EB-5 case is pending. 

For students worried about losing status, EB-5 offers a clear advantage: they can secure permanent residency for themselves and their families while continuing their education or career development in the U.S.

4. China’s case and the importance of “set-asides”

The proposed change will be particularly impactful for students born in China, the largest historical EB-5 market and one that often faces visa backlogs.

Currently, EB-5 reserves special visas under “set-aside” categories for:

• Rural areas. 
• Infrastructure projects. 
• High unemployment areas (TEA). 

These reserved visas typically move faster. But as attorney Lu warns, “Chinese students in F-1 status may face backlogs even in these categories, making it more urgent to apply early to secure a place in line.”

5. Competition with the H-1B visa: a crucial factor

For years, the H-1B visa was the most popular option for international graduates seeking long-term work authorization in the U.S. Today, however, it has become highly competitive and uncertain:

• In 2024, more than 750,000 registrations competed for just 85,000 H-1B slots. 
• The new selection system prioritizes salary and specialized skills, reducing chances for recent graduates. 

Against this backdrop, EB-5 stands out as a more reliable option: it doesn’t depend on employer sponsorship, benefits the entire family, and provides a clear pathway to the Green Card.

6. Growing scrutiny of F, M, and J visas

Another driver pushing families toward EB-5 is the increased scrutiny of temporary student and exchange visas. Applicants now face:

• More detailed checks of their academic records. 
• Expanded screening of social media activity as part of security evaluations. 
• Stricter, less predictable renewal processes. 

This climate of constant uncertainty makes EB-5 appear far more attractive as a stable and secure solution.

7. What’s next in the regulatory process?

The DHS proposal is currently open for public comment until October 27. After that:

1. DHS will review the comments. 
2. Revisions may be made. 
3. The final rule will be published in the Federal Register. 

Immigration attorney Peter Zhang predicts significant opposition but notes: “Even if the rule is softened, the trend toward stricter F-1 compliance and greater uncertainty for international students is clear. Since the EB-5 program remains a viable option in this evolving policy landscape, I anticipate demand to strengthen.”

Conclusion: a turning point for international students

The possible end of “Duration of Status” and new time limits on the F-1 visa represent a profound shift in the international student experience in the United States. What was once a flexible pathway is quickly becoming an uncertain and risky process.

In this context, the EB-5 Program stands out as the most solid option for families who want to:

• Secure their future in the U.S. 
• Access immediate benefits such as work and travel permits. 
• Provide stability and opportunities for their children. 

As DHS moves forward with this proposal, forward-thinking investors have the chance to get ahead of the changes and benefit from a program that not only opens the door to a Green Card, but also connects them with high-quality real estate projects backed by developers like BAI Capital, offering competitive returns and proven security.

The message is clear: in times of immigration uncertainty, EB-5 is not just an alternative—it is the safest path toward a future in the United States.