The Trump administration issued a draft policy late on Friday that tightens the rules relating to calculation of visa overstay by foreign students.
The policy is scheduled to come into effect from August 9. Under the proposed policy, which is currently open for public comments, unlawful presence days (stay beyond a student's visa tenure) will be computed from the day the student fails to maintain ‘immigration status’.
The proposed change will result in more days being counted as unlawful presence. Based on the number of unlawful days, a student can be barred from entering or staying in the US or obtaining permanent residency. To illustrate, students who have accumulated more than 180 days of unlawful presence during a single stay may be subject to a ban of 3-10 years from re-entering the US, depending on the number of days overstayed. An overstay of more than a year could result in a permanent ban.